Constitution of the Solar Republic

Introduction

This is the third constitution1) of the pan-human polity now known formally as 'The Solar Republic' and more often colloquially refered to as simply 'Earth' or the 'Earth Empire'. In its unamended form this is the constitution that was adopted in 2947 following the Great Reform Act. This version has stayed extant because it is more easily amended than previous versions and also, many believe, because the turbulence of colonisation and political change has settled somewhat with the existence of many other polities.

There was a move to re-constitute in the mid to late 31st Century to take a stronger republican slant but after the secession of the Republic of New Venus most of those calling for the stricter central rule left to settle in the RNV. This ensured that the existing constitution remained in place.

Since the constitution's formal adoption there have been many amendments, the most recent being the clarification of the maximum permissible length of a First Minister's appointment.

note: the introduction is not part of the constitution document, it starts with the 'Preamble'

Preamble

We, the People and Senate of Earth, do adopt this constitution of the Solar Republic to ordain a more settled form of government for humanity, better mutual defence, justice, freedom from oppression and economic prosperity for all of humanity both now and in the future.

Part 1 - Government

Article 1 - The Branches of Government

  1. there shall the three separate branches of government, the Executive, the Legislature and the Judiciary. They will each have a chief officer accountable through the Senate to the First Citizen

Article 2 - Separation of Powers

  1. no person, save with the express permission of the First Citizen guided by the Senate, shall hold offices in more than two of the branches of Government.

Article 3 - The Executive

Article 4 - The Legislature

  1. All legislative Powers herein granted shall be vested in a bicameral legislature, which shall consist of a Council of Senators and Council of Representatives.
  2. Each Quadrant will at least five settled colonies and 10 million inhabitants owing allegiance to the Solar Republic shall have a Quadrant Governor drawn from the Grand Council of Senate who shall act in the place of the First Citizen within the Quadrant, a Quadrant Council of Senators (from its eligible Senators) and a Quadrant Council of Representatives (from whence it shall choose its members of the Grand Council of Representatives).
  3. Each council, whether Grand or Quadrant, shall assemble at least once per year for a period of 10 sitting days, each of which shall be for a minimum of four hours.
  4. Senators and Representatives shall in all cases, except Treason and Felony, be privileged from arrest during their attendance at the session of their respective Councils, and in going to and returning from the same; and for any Speech or Debate in any Council, they shall not be questioned in any other place save by a resolution of two thirds of the relevant council present.
  5. The Grand Councils sall have the power to:
    1. lay and collect Taxes, Duties, Imposts and Excises, to pay the debts and provide for the common defence and general welfare of the Solar Republic; but all Duties, Imposts and Excises shall be uniform throughout the Solar Republic;
    2. To borrow money on the credit of the Solar Republic;
    3. To regulate commerce with foreign polities, and among the several nations, and with the colonies;
    4. To establish an uniform rule of naturalisation, and citizenship throughout the Solar Republic;
    5. To produce currency, regulate the value thereof, and of foreign currency, and fix the standard of weights and measures;
    6. To provide for the punishment of counterfeiting the securities and currency of the Solar Republic;
    7. To promote the Progress of Science and useful Arts, by securing for limited times to Authors and Inventors the exclusive Right to their intellectual property;
    8. To constitute tribunals inferior to the supreme court;
    9. To define and punish Piracies and Felonies, and offences against the High Laws of the Solar Republic;
    10. To raise and support Ground Forces, but no appropriation of money to that use shall be for a longer term than two years without re-approval by the First Citizen;
    11. To exercise exclusive Legislation in all Cases whatsoever, over such District as may, by cession of particular Nations, and the acceptance of Congress, become the seat of the Government of the Solar Republic, and to exercise like authority over all places purchased by the consent of the Legislature of the Nation in which the same shall be, for the construction and operation of forts, training grounds, arsenals, dock-yards, and other needful facilities;
    12. To make all Laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the Solar Republic, or in any Department of State or Officer thereof.

Article 5 - The Councils of Senators

  1. On Earth there shall be a Grand Council of Senators comprising of 100 votes from all those eligible to be Senators.
    1. The First Citizen shall always be a voting member of the Grand Council of Senators
    2. Each Quadrant having at least 10 million inhabitants owing allegiance to the Solar Republic shall have at least one voting member of the Grand Council of Senators, the Quadrant Senators to nominate from themselves which of their number is to bear their vote
    3. The Speaker of the Grand Council of Senators shall always be one of the voting members
    4. Each Senator may endorse two candidates to become voting Senators, those reaching the set thresh-hold for selection as a voting Senator are so designated
    5. Each of the nations on Earth and each of the human settled systems that have a population of at least 2 million that owe allegiance to the Solar Republic shall choose one Senator each. In addition the Imperium of Earth Navy will choose four Senators; the United Faith Council will choose four Senators; the Judiciary will choose four Senators; the Universities will choose four Senators and the Corporations will choose four Senators [Note: this provision has been superceded by several separate amendments]
    6. No person shall serve as a Senator without the approval of the First Citizen and who has not yet attained the age of thirty five years.
    7. Each Senator chosen by an electoral college must have attained a minimum of 40 million votes cast in his favour.
    8. Each Senator shall serve for a ten year term until he reaches the age of 100.
    9. Senators having achieved the age of one hundred years shall continue to serve as 'Senior Citizens' but shall no longer be required to stand for election and may not be one of the voting senators.
    10. all senators chosen or elected may speak to the entire senate assembled under the rules of procedure ordained by the Speaker.
    11. the Speaker shall be the oldest Senator, whether in the Grand Council or a Quadrant Council. The Speaker may nominate such deputies as he sees fit, but no more than four in total and all must be voting members.
    12. When the First Citizen is not present the Speaker, or his Deputy so acting, will have two votes.
  2. The Senate shall enjoy the right to hold accountable all officers of the Imperium who are appointed directly by Ministers or whose appointment or promotion is covered in Commission for Reviewing Appointments and Promotions.
  3. the Grand Council of Senators shall have the sole power to try all Impeachments. When sitting for that purpose, they shall be on oath or affirmation. When a Senator or Minister of the Imperium is tried, the Chief Justice shall preside. No person shall be convicted without the concurrence of two thirds of the Members present.
  4. Judgement in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honour, trust or profit under the Imperium: but the Party convicted shall nevertheless be liable and subject to indictment, trial, judgement and punishment, according to law.

Article 6 - Choosing of Representatives

  1. Each nation, colony or other electoral group may determine the nature of its own elections provided that the candidates selected are eligible for the offices as laid down under the constitution.
  2. The Councils of Representatives
    1. Each recognised nation existing within the Solar Republic shall elect one representative per 10 million electors, and in any case at least one representative, to sit in the Grand Council of Representatives.
    2. Each Quadrant, excluding Quadrant 0, having at least five settled systems owing allegiance to the Solar Republic and having a population of at least 10 million shall have a Quadrant Council of Representatives. For each 10 million inhabitants in the Quadrant one representative can be sent to the Grand Council of Representatives on Earth in Quadrant 0.
    3. Seats on a Quadrant Council of Representatives should be allocated on the basis of one per million inhabitants, and in any case one per colony.
    4. Legislation passed by a Quadrant Council of Representatives and approved by the Quadrant Council of Senate and the Quadrant Governor shall apply to all systems in that Quadrant, subject the to same limitations as other legislation governed by the Constitution.
    5. No Person shall be a Representative who shall not have attained the age of twenty five years, and been seven years a Citizen of the Solar Republic.

Article 7 - the First Citizen

  1. The First Citizen is the Head of State for the Solar Republic and the Chief Officer to whom all others are accountable through the Senate.
  2. Every Bill which shall have passed the Council of Representatives and the Council of Senators, shall, before it become a Law, be presented to the First Citizen; if he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If any Bill shall not be returned by the First Citizen within ten Days after it shall have been presented to him, it shall become a Law, in like Manner as if he had signed it.
  3. Every Order, Resolution, or Vote to which the Concurrence of the Senators and Representatives may be necessary (except on a question of Adjournment) shall be presented to the First Citizen; and before it shall take effect, shall be approved by him.

Article 7 - Limitations on Powers

  1. the following limitations will apply to all Councils
    1. The privilege of the writ of Habeas Corpus shall not be suspended, unless when in cases of rebellion or invasion the First Citizen may require it.
    2. No ex post facto Law shall be passed.
    3. No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration
    4. No Tax or Duty shall be laid on articles exported from any Nation owing allegiance to the Solar Republic.
    5. No preference shall be given by any regulation of commerce or revenue to the ports of one Nation or colony over those of another: nor shall vessels bound to, or from, one nation or colony, be obliged to enter, clear, or pay duties in another.
    6. No Money shall be drawn from the Treasury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published annually.
    7. No Title of Nobility shall be granted by the Solar Republic except by the authority of the First Citizen: And no person holding any office shall, without the consent of the Senate, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, President or foreign State.
  2. No member Nation or Colony owing allegiance to the Solar Republic shall:
    1. enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; produce currency; emit bills of credit; make any thing but Solar Republic currency a tender in payment of debts; pass any bill of Attainder, ex post facto Law, or law impairing the obligation of contracts, or grant any new title of nobility.
    2. without the consent of the Councils, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspections and space traffic control: and the net produce of all duties and imposts, laid by any Nation or Colony on imports or exports, shall be for the use of the Treasury of the Solar Republic; and all such laws shall be subject to the revision and control of the Councils.
    3. without the consent of the Councils, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another nation, colony, or with a foreign Power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.

Part 2 - Defence

  1. As the Chief Officer of the Imperium the First Citizen, through his Ministers, has the power:
    1. To declare war, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
    2. To provide and maintain an Interstellar Navy;
    3. To make Rules for the Government and Regulation of the land and naval Forces;
    4. To provide for calling forth the Militia to execute the High Laws of the Solar Republic, suppress insurrections and repel invasions;
    5. To provide for organizing, arming, and disciplining the Militia, and for governing such part of them as may be employed in the service of the Solar Republic, reserving to the Nations respectively, the appointment of the officers, and the authority of training the Militia according to the discipline prescribed by law;

Part 3 - Justice

Part 4 - Human Rights

Part 5 - Economic Prosperity

Part 6 - Maintaining the Constitution

1)
the first constitution was the articles of association of Terran Space Inc 2864 which rapidly became the de facto government of humans not on Earth, the second Constitution was that of the formal adoption of the title “Solar Republic of Man” in 2880
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