Constitution of Polaris
The Constitution of Polaris is the supreme law of Polaris. This founding document delineates the frame of the government.
Original frame
The title of this document is The Constitution of Polaris and consists of a preamble, six articles, and a signed closing endorsement.
Preamble
The preamble clause of the constitution proclaims the right to sovereignty of the citizens of Polaris, while abdicating foreign policy powers to the greater Water Tribe, except for those to do with border rights. This clause is an important introduction to the constitution, as it sets the mood for the people-centric government laid out in the rest of the document.
Article I
Article I of the constitution establishes the powers of the people. Its symbolic meaning as the first article relates to the importance of the people to govern themselves for the benefit of all. In it, several powers are enumerated:
- Voting Power: The natural right of the citizenry to be represented democratically with universal suffrage.
- Veto Power: The power of the citizenry to veto bills via a simple majority vote held upon invocation of the veto power by at least 25% of citizens.
- Executive Approval Power: The power to approve all executive cabinet members appointed by the Jarl via a simple majority vote of the citizenry.
- Impeachment Power: The power of the citizenry to impeach and remove, simultaneously via 3/5 majority vote of citizens, any executive, legislative, or judicial officer.
- Constitutional Amendment Power: The power to amend the constitution via a 2/3 majority vote of the citizenry.
- Referendum Power: The power of the citizenry to invoke a binding referendum vote on any matter, requiring a 3/5 majority vote to pass and become binding.
These mighty powers are given to the population at large in order to incentivize participation in the civil process and give the public an opportunity to respond, both proactively and retroactively, to the government's actions.
Also contained in this article are the non-enumeration and enumeration clauses. The non-enumeration clause is a clarified that the powers enumerated in Article I for the people are not to be construed as a limitation on the people, but rather the minimum amount of power that the people have as natural civil rights that cannot be infringed upon. The enumeration clause, in contrast, explicitly states that for the legislative, executive, and judicial branches, their powers are explicitly defined as enumerated and must not be construed to be any greater than that which is enumerated.
Article II
Article II of the constitution establishes the powers of the legislature.
First, it defines the Congress of Polaris as unicameral, and the power to pass laws is vested in such a Congress. Next, it specifies that the Congress cannot pass any law which conflicts with the constitution, otherwise known as the constitutionality clause. The next clause specifies that the Congress shall be made up of representatives elected by the citizenry, and the number of representatives is to be defined by the Congress, but no fewer than five. The final clause specifies that should Polaris have fewer than five citizens as any given point, the Jarl will be granted with the powers of Congress until such time that the Congress can be filled appropriately.
Article III
Article III of the constitution establishes the powers of the executive.
The first clause vests the power of the executive in the Office of the Jarl. The next clauses mention that the Jarl can delegate their powers as necessary, in order to and as well as enforce the laws passed by the Congress. It also mentions that the Jarl shall be elected via direct democracy in such a manner of voting as is defined by Congress consistent with the constitution, for a time period also defined by Congress. It also notes that the time period that the Jarl serves for can only be changed once every twenty-five years, or immediately and at any time upon direct civil intervention of 3/5 of the citizenry.
Article IV
Article IV of the constitution establishes the powers of the judiciary.
The first clause vests the power of the judiciary in the Tribunal Council of Polaris. It defines the number of seats to be odd, defined by the Congress, but no fewer than three. It also defines the way in which the seats shall be filled as such:
The final clause clarifies that the court's authority passes over all laws arising under the Constitution of Polaris and any treaties made under the authority of the constitution.
Article V
Article V of the constitution establishes additional guaranteed natural rights of all people that cannot be infringed upon. It also defines what makes a citizen, and how one may become a citizen or revoke citizenship.
Protected fundamental rights are enumerated as such:
- The right to live in good health.
- The right to adequate employment.
- The right to an adequate income for or access to food, water, decent shelter, and recreation.
- The right to education and free access to knowledge.
- The right to be free from discrimination on the basis of race, sex, sexual orientation, gender identity, current biological status, religion, national origin, ability, age, income, wealth, genetic information, and bending status.
It also includes the Equal Protection clause, which prevents the government from denying any person within its jurisdiction the equal protection under the law.
Along with this, certain accommodations such as temporary housing, good health, food, and water are guaranteed to all, citizen or not, in the Guarantee Clause of this article.
The definition of citizenship and the process for becoming a citizen are delegated to the Congress to define and enact. The process for revoking citizenship, however, is defined clearly by the constitution. One must submit a formal request to revoke their citizenship to the Tribunal Council of Polaris. This is more of a formality for clerical purposes, as the Tribunal Council of Polaris is also required to approve the request in a timely fashion.
Article VI
Article VI of the constitution establishes certain other limitations on the government and delineates the separation of church and state, and explicitly enumerates the foreign policy powers which are not abdicated to the Water Tribe.
Closing endorsement
The constitution was signed by all people present at the foundation of Polaris. The closing endorsement does not contain any functions or delegate any powers, and simply serves as authentication that the constitution is valid and law.
Ratified amendments
There are currently no ratified amendments.
Unratified amendments
There are currently no unratified amendments.
Judicial review
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