Legion Constitution/Preboot

Transcribed by John L. Censullo

From Fanzing #35

This article features the English translation of the famed Legion Constitution. Bits and pieces of the Legion Constitution had been referenced throughout the Legion's long career, but it wasn't until THE LEGION OF SUPER-HEROES [second series] #308-310 that readers got to see the complete document. The Constitution was shown only one other time after that in WHO'S WHO IN THE LEGION OF SUPER-HEROES #2-6. A few minor differences can be seen, but only one of any relevance. Section 3.7 of the original version disappeared in the new version, with all subsequent sections renumbered. It is not known if the removal was intentional on the part of the Who's Who people or if possibly that section was lost in the shuffle. Regardless, it read as follows:

3.7 There are no qualifications for honorary membership except that the individual must be courageous and of good character.

The Constitution shown below is believed to be the final version of the Legion's most precious document. One should realize however that a number of amendments have been made since the drafting of the first Constitution. One such amendment was the removal of the requirement that no member be married (that change enabled Lightning Lad and Saturn Girl to rejoin). Another requirement which was apparently removed was the rule which stated that honorary members must take part in Legion activities at least twice a year or lose their membership. Another stated that, except in cases of dire emergency, no Legionnaire shall go on more than five successive space-missions without a rest-period, to prevent space-fatigue. Yet another stated that if a Legionnaire becomes physically or mentally unfit to perform his duties, he must remain under observation in the Science Hospital for one year. Other requirements for membership have been waived without an amendment, such as the rule which states that no two members can have the same power (as was the case when Lightning Lass rejoined) or the rule which requires an applicant to be under 18 years of age (which was ignored when Polar Boy joined). Actually, the Constitution had been amended once by the criminal member Dynamo-Boy to allow for adults to join, but that amendment was rejected upon his expulsion.

Constitution of the Legion of Super-Heroes

1.0 GENERAL PURPOSE

1.1 The Legion of Super-Heroes shall be an organization devoted to preserving the peaceful life of sentient beings throughout the universe.

1.2 Having duly qualified under the United Planets' statute-in-council #2958-07Q ("The Legion of Super-Heroes Enabling Act"), as amended from time to time, and appropriate United Planets' Revenue Codes -- especially Sections 108.9 and 283.6, (otherwise known as the "Not for Profit Heroes Amendment" and the "Private Foundations Exclusion"). the Legion of Super-Heroes shall be an independent organization responsible only to the President and Council of the United Planets and such authorities as they may from time to time designate.

1.3 Under the tems of the laws cited in Section 1.2 above, the Legion of Super-Heroes' finances shall be administered to fulfill the purposes of this Constitution by nonmembers of the organization under direction from the current Leader of the Legion of Super-Heroes and without any interference from any private individual or local government.

1.4 The Legion of Super-Heroes shall maintain its headquarters on the planet Earth.

2.0 MEMBERSHIP

2.1 There shall be three classes of membership in the Legion of Super-Heroes: active members, who shall be limited to no more than twenty-five (25) sentient beings; honorary and reserve members, of whom there may be an unlimited number.

2.2 Active members shall be those duly qualified and elected individuals who shall be on call twenty-four (24) Terran standard hours per Terran standard day (except as provided in Sections 2.3 and 4.2 hereof), and who shall devote substantially all of their time to the Legion of Super-Heroes.

2.3 Notwithstanding the foregoing Section 2.2, Superboy may be considered to have status as an active member at any time there is an opening in the membership by agreeing to devote a significant portion of his time to activities of the Legion of Super-Heroes. Honorary members shall be those worthy individuals who do not quality for active membership hereunder, but whom the active membership wishes to honor with inclusion in the Legion of Super-Heroes. Reserve members shall be those duly qualified end elected individuals who shall be prepared to take action in the event of an emergency when the active members require assistance or are unable to respond, and who shall devote such reasonable portions of their time to Legion of Super-Heroes duties as the Leader may from time to time require.

3.0 ADMISSION TO MEMBERS

3.1 To qualify for active membership, a candidate must:

(i) be at the time of proposed admission under the age of eighteen (18), as measured on the Terran comparative physiological age scale (as periodically revised by the United Planets);

(ii) have at least one genuine super-power not activated, assisted, or powered by extrinsic means and not possessed by the contemporary Terran population; and further, such super-power must be distinct from toe super-power(s) possessed by any active member other than Superboy;

(iii) be able to fully control such power; and

(iv) be courageous and of good character. Candidates may be proposed tor membership by any member or may propose themselves on such occasions when the Legion of Super-Heroes may announce a willingness to examine candidates.

3.2 Candidates are subject to evaluation by the standing the Committee on Membership to determine the candidates' qualifications and merits, including any reasonable testing procedures the Committee may deem necessary and desirable. The results of such evaluation shall then be presented to the membership by the chairperson of such Committee, along with the candidate.

3.3 Voting on new active members shall then take place as provided in Sections 8.2 and 8.3 hereunder. Candidates elected shall be promptly inducted into active membership.

3.4 Worthy candidates not elected may be elected to reserve membership status, or may reapply for active membership at a later date, or may receive a token of the respect of the Legion of Super-Heroes as the leader may see fit to award.

3.5 After election and induction, new active members shall undergo a training period as the standing Committee on Membership shall see fit, prior to assuming their duties. Such training may or may not include a period at the Legion Academy.

3.6 In times of emergency, any team of active members may grant provisional active membership to an individual they deem worthy who is assisting in the resolution of such emergency. Upon the resolution of such emergency, such provisional active member shall immediately become a candidate for active membership as provided hereunder.

3.7 Candidates for honorary membership may be proposed for membership by any active member. Candidates are subject to evaluation by the standing Committee on Membership to determine their merits. The results of such evaluation shall then be presented to the membership by the Chairperson of such Committee.

3.8 Voting on new honorary members shall then take place as provided in Sections 8.2 and 8.3 hereunder. Candidates elected shall be promptly informed of such election and offered honorary membership and, upon their acceptance of same, shall be promptly inducted as honorary members.

3.9 To qualify for reserve membership, a candidate must be either:

(i) a former active member;

(ii) an honorary member;

(iii) a member d the Legion of Substitute Heroes in gut standing; or

(iv) a worthy candidate for active membership not elected to active membership.

3.10 Candidtes for reserve membership may be proposed to membership by any active member. Candidates are subject to evaluaton by the standing Committee on Membership to determine their qualifications and merits, including any reasonable testing procedures the Committee may deem necessary or desirable. The results of such evaluation shall then be presented to the membership by the chairperson of such Committee, along with the candidate.

3.11 Voting on new reserve members shall then take place as provided in Sections 8.2 and 8.3 hereunder. Candidates elected shall be promptly inducted into reserve membership.

3.12 After election and induction. new reserve members shall undergo a training period as the standing Committee on Membership shall see fit, prior to assuming their duties. Such training may or may no, include a period at the Legion Academy.

4.0 RESIGNATIONS OR EXPULSIONS FROM MEMBERSHIP

4.1 Members may resign at any time without cause.

4.2 Members may, with the consent of the Leader or of a simple majority of the active membership, place themselves on voluntary leave or part-time status. Such consent may be revoked at any time, and during such time members shall continue to have all obligations ordinarily incumbent upon Legionnaires except as to the proportion of time they shall devote to Legion-related duties.

4.3 Members shall be subject to expulsion for any failure to conform to the provisions of this Constitution applying to them. Grounds for expulsion shall include, but not be limited to:

(i) failure to continue to fulfill the requirements tor membership as set forth in Section 3.1 hereof;

(ii) failing to fullfill the duties of a Legionnaire or attempting to subvert another member from doing so;

(iii) failing to obey the Leaders orders;

(iv) disloyalty to the Legion of Super-Heroes;

(v) cowardice, dishonesty, or fraud;

(vi) becoming magically or psychologically unfit for duty and failing to place oneself on voluntary leave or suspension;

(vii) revealing Legion of Super-Heroes secrets or confidential information acquired while serving as a Legionnaire; and

(viii) knowingly taking the life of a sentient being in other than a provable situation of self-defense or as a provable only available alternative to the death of sentient beings.

4.4 In the event a member is accused by another member of conduct meriting expulsion, the Leader shall suspend the accused and conduct an inquiry into the accusation. The result of such inquiry shall be presented to the active members in the fashion of a trial, with the accused given all the benefits of such a proceeding, including representation by an active member.

4.5 At the conclusion of such a trial, the question of expulsion shalt be as provided in Sections 8.2 and 8.3 herein, except that the accused shall have no vote on the question.

4.6 Members expelled or resigning from the Legion of Super-Heroes and not awarded either honorary or reserve membership must submit to psychotherapy to remove all memory of Legion of Super-Heroes secrets, confidential information gained while serving as a Legionnaire, and must return all Legion of Super-Heroes property and surrender all benefits end privileges of membership.

5.0 MEMBERSHIP ACTIVITIES

5.1 Upon admission, members are required to swear an oath of loyalty to the Legion of Super-Heroes in a manner as may be prescribed from time to time by the standing Committee on Constitutional Matters. A similarly prescribed oath shall be sworn by all Legionnaires annually at a rededication ceremony held at the Legion ct Super-Heroes headquarters.

5.2 Active members shall keep the member or members charged with Mission Monitor Board Duty aware of their location at all times.

5.3 Active members shall be deputized as officers of the Science Police and, to the extent possible, shall cooperate with the Science Police Commander and his designated representative.

5.4 Members shall participate in ongoing educational and training activities as required by the standing Committee on Membership. Such activities shall include language education, although the only language required prior to a Legionnaire assuming active status shall be Interlac.

5.5 Members shall receive no salaries and/or rewards or compensation of any form from any person or organization other than the Legion of Super-Heroes. Any sums received that cannot be waived shall be donated to the organization's treasury. The Leader shall periodically set living allowances at varying levels for active, honorary and reserve members, which shall be paid out of the Legion of Super-Heroes' funds.

5.6 Active members shall also be entitled to housing, security, food and clothing at the Legion of Super-Heroes' expense. The Leader may require this to be provided only at the headquarters. If funds are available, the Leader may extend such benefits to the immediate families, parents and/or siblings of the active members or deceased active members on a nondiscriminatory basis.

5.7 Members with substantial personal financial interest shall be required to declare them to the standing Committee on Constitutional Matters, which may require the member to divest such interests or place them in a blind trust for the duration of such members' membership.

5.8 Members shall have the right to participate either in person or via telecommunications in all Legion of Super-Heroes meetings at which any matters are voted upon or to call meetings at any reasonable interval.

5.9 Members shall be entitled to medical care at the expense of the Legion of Super-Heroes for all injuries received while Legionnaires.

6.0 LEADERSHIP

6.1 Each year the active members of the Legion of Super-Heroes shall select a Leader and a Deputy Leader from among the full-time active members in a manner conforming to the requirements of Sections 8.2, 8.3 and 8.4 hereunder.

6.2 The Leader and Deputy Leader shall serve for concurrent one-year terms and may be re-elected for consecutive terms.

6.3 In the event of the resignation, expulsion, leave, death or incapacity of:

(i) the Leader, the Deputy Leader shall become Leader and shall appoint a new Deputy Leader;

(ii) the Deputy Leader, the Leader shall appoint a new Deputy Leader; or

(iii) both the Leader and the Deputy Leader, the senior active member shall serve as temporary Leader, with a new Leader and Deputy Leader to be selected at the first opportunity in a manner conforming to the requirements of Sections 8.2, 8.3 and 8.4 hereunder.

6.4 The Leader shall be the supreme commander of the Legion of Super-Heroes, answerable only to the United Planets Authorities and restricted only by the applicable provisions of this Constitution.

6.5 The Leader may authorize the Deputy Leader or any active member as an acting or temporary or team Leader with an appropriate portion of the Leader's authority hereunder.

6.6 Members shall, in all instances, be required to obey the orders of the Leader and/or the Leader's duly authorized representative, so long as such orders conform to this Constitution.

6.7 The Leader may be suspended temporarily by a unanimous vote of the standing Committee on Constitutional Matters, and such suspension shall last only until a court-martial may be held as provided in Section 4 hereunder.

6.8 The Leader is responsible for the funds of the Legion of Super-Heroes under Section 1.3 hereunder and shall have the full freedom to use those funds to fulfill the purposes and requirements of this Constitution.

7.0 COMMITTEES

7.1 The enumerated authorities set forth in this Section 7 shall be given to the standing Committees set forth herein. In this respect, the authority of any given Committee with respect to the matters set forth shall be superior to the authority of the Leader or any individual Legionnaire.

7.2 In addition to the standing Committees, ad hoc Committees may be composed and charged with specific responsibilities from time to time by the Leader or by vote of the active membership.

7.3 The standing Committee on Constitutional Matters shall have the final authority to rule on all matters of interpretation of this Constitution, to draft amendments and/or revisions of this Constitution at the voted direction of the active membership, and with respect to all elections and to the Leadership itself. This shall include authority to call and preside over a court-martial of the Leader, as provided in Section 6.7 above. In addition, this Committee shall arrange for the keeping of an appropriate history of the Legion of Super-Heroes and all archival files and shall designate the flag, handshake, oaths, and other indicia of the organization.

7.4 The standing Committee on Constitutional Matters shall also have the authority to disband the Legion of Super-Heroes.

7.5 All rulings of the Committee on Constitutional Matters shall be by majority vote, except the ruling to call a court-martial of the Leader or to dissolve the Legion of Super-Heroes, which must be unanimous. All rulings of this Committee shall be binding upon the Leader and the membership.

7.6 For the duration of their membership, whether as active, honorary, or reserve members, the standing Committee on Constitutional Matters shall consist of Cosmic Boy (chair), Lightning Lad, and Saturn Girl. In the event of the incapacity, resignation, or expulsion of one or more members, the Legionnaire or Legionnaires of greatest seniority shall replace them, with the most senior member of the Committee serving as chair.

7.7 The standing Committee on Membership shall have the responsibility for maintaining an active search for suitable candidates for membership, for making recommendations to the membership concerning candidates, and for supervising the ongoing education and training of Legionnaires.

7.8 All rulings and recommendations of the standing Committee on Membership shall be made by majority vote of the Committee, and with respect to the education or training of individual members, shall be binding upon such members.

7.9 Until such time as otherwise designated under Sections 8.2 and 8.3 hereunder, the standing Committee on Membership shall be chaired by Wildfire and shall consist of not more than three additional members as may be elected from time to time by the active membership under Section 8.6 hereunder.

7.10 The standing Committee on Security shall also serve as the Espionage Squad, being composed of those active members whose super-powers are most suitable, and shall have the general responsibility for assisting the Leader in maintaining the security of the Legion of Super-Heroes.

7.11 For the duration of their active membership, the standing Committee on Security shall consist of Chameleon Boy (chair), Phantom Girl, Shrinking Violet, and Invisible Kid In the event of the incapacity, resignation, or expulsion of one or more of the Committee, the active membership shall elect a successor or successors under the provisions of Seetion 8.6 hereunder, considering the suitability of their super-powers and characters.

8.0 VOTING

8.1 The active membership alone shall hold voting privileges.

8.2 The active membership shall be required to vote on significant questions including but not limited to:

(i) the method of selecting the Leader;

(ii) the designation of standing or ad hoc Committees and their chairpersons;

(iii) revision of the Constitution;

(iv) admission of new members;

(v) expulsion of present members;

but not on matters explicitly under the Leader's discretion or matters explicitly under the discretion of a standing or ad hoc Committee under Section 7 hereof.

8.3 For all such votes, a quorum of three-fourths of the active members shall be required to participate either in person or via telecommunications. The quorum being determined to be sufficient, a vote of two-thirds of members participating is thereafter required to carry the question. In the event of a tie or vote insufficient to carry the question, the status quo ante shall prevail.

8.4 Unless the question shall be put to a vote of the active membership and carried otherwise for that year, the Leader shall be elected by a simple plurality of active members voting, with the Legionnaire receiving the second-largest number of votes being elected Deputy Leader.

8.5 Unless the question shall be put to a vote of the active membership and carried otherwise, all Committees shall make their determinations by a simple majority of Committee members voting, with ties broken by the chair, except as otherwise explicitly provided herein.

8.6 All other questions shall be decided by a simple majority of the active membership.