Monday, October 24, 2005

Federalism Redefined ?--Iraqi Constitution Pt.4

1. Traditional Definition:
“Federalism is a system of government in which power is constitutionally divided between a central authority and constituent political units (like states or provinces). The two levels of government are interdependent, and share sovereignty.”—Wikipedia

2. Iraqi Definition:
Article 13: 1st - This constitution shall be considered as the supreme and highest law in Iraq. It shall be binding throughout the whole country without exceptions.
2nd - No law that contradicts this constitution shall be passed; any passage in the regional constitutions and any other legal passages that contradict this constitution shall be considered null.”

Remember: our Constitution was written to limit the federal government, not the state governments. That's why the States have their own constitutions! Compare the Tenth Amendment.

Given the lack of Iraqi legal history, the supremacy of Islam imbedded in the document and the hasty drafting of this constitution, it is not certain how this article will be used.

1 comment:

someone who really believes in freedom said...

It seems there's another US christian fundamentalist / neocon who needs to learn more about his own country's history and constitution.

Remember: your constitution was NOT written to limit the power of the federal government, it was meant to strengthen it because of the chaos caused by the Articles of Confederation with its weak Congress.

Article 6 of the US constitution:
"This Constitution, and the Laws of the United States which shall be made in pursuance thereof, and all the Treaties made, or which shall be made, under the authority of the Unite States, shall be the supreme law of the land and the judges in every state shall be bound thereby"
Compare with Article 13 of the Iraqi constitution.