A Bad Constitution – Won’t Get Ratified, Can’t Work

Special to FreeRepublic ^ | 17 September 2005 | John Armor (Congressman Billybob)

[Congressman Billybob]

A timely piece which I believe you will find interesting.

John / Billybob

[Christian4Bush]

I figured you were talking about our own Constitution. It reminds me of Rumsfeld's reference to September 11, 1776, in his remarks about another group of Americans that stood up for what was right. He made those remarks at Arlington National Cemetery this past Sunday.

Good job BillyBob. /unintentional rhyme

[inquest]

While you’re on this subject, wish our Constitution a Happy Birthday today, and wish the Iraqis success with their constitution, too.

I wish the Iraqis success in coming up with a good constitution, and not just approving whatever constitution is handed to them just so they can say they adopted a constitution within whatever timetable they were told to have one ready by.

[Congressman Billybob]

You, especially, should see this. Happy Birthday to you, too.

John / Billybob

[smoothsailing]

Thoroughly enjoyable! Thank You for posting!

I remember a story about Ben Franklin that took place as he was leaving the convention.

A woman approached him and asked;"What kind of government will we have,sir?".Franklin answered;"A constitutional republic,madam,if you can keep it!".

I've always liked that story.Franklin knew how difficult it had been to get to that point,but he was also well aware that the hardest work was yet to come.

HAPPY BIRTHDAY U.S. CONSTITUTION !!!

[conservatism_IS_compassion]

Nice work . . . you had me there for awhile.

[Tolik]

Nailed It!

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[sarasota]

Well done!

[Congressman Billybob]

Glad you liked the article. It is an honor to earn the famous "Hammer and Nail" Award. LOL.

John / Billybob

[King Prout]

good stuff, as ever.

[TomasUSMC]

Why isn't this author comparing our constitution to the one MacArthur put together and IMPOSED on the Japanese? Why? Because that was a good constitution, not a piece of crap like the ones the Iraqis have come up with.

MacArthur himself commented early on that meeting this goal would certainly require a "revision of the Meiji Constitution." But even he could not have imagined that a few months later, his young American staff would write an entirely new constitution, one that has governed Japanese affairs ever since without the change of a comma.

The Japanese did go to work,>>>>but MacArthur rejected their efforts<<<<< in early February 1946 as "nothing more than a rewording of the old Meiji constitution." Eager to avoid interference from other allies, MacArthur took matters into his own hands. He ordered his government section to draft a document themselves, and to do it before the first meeting of the Far Eastern Commission, set for February 26. Staff member Beate Sirota Gordon, then in her early twenties, still remembers the day well:

And he said, "You are now a constituent assembly." "And you will write the Japanese constitution. You will write a draft and it will have to be done in a week."

Their work resulted in a thoroughly progressive document.

A bi-cameral legislature with a weak upper chamber was established, and with the exception of the Imperial family, all rights of peerage were abolished. Thirty-nine articles dealt with what MacArthur called "basic human liberties," including not only most of the American bill of rights, but such things as universal adult suffrage, labor's right to organize, and a host of marriage and property rights for women. But the most unique and one of the most important provisions came in Article 9, which outlawed the creation of armed forces and the right to make war. It's not clear whether or not the "No-war clause" originated with MacArthur, but it certainly would not have been included without him, and its presence in the constitution has had an enormous impact on Japan's postwar history.

The new Iraqi constitution
Article (2):
1st - ISLAM is the official religion of the state
AND
is a basic source of legislation:

(a) NO law can be passed that contradicts the undisputed rules of ISLAM

These two clauses act as Koranic Vetoes over the rest of the constitution and thus render it null and void.

Lets remember that the radical Shiites are 60 percent of Iraq, yes Iran is also - in fact Shi'a Muslim 89%, and thus the Shiite are the ones who will interpret what CONTRADICTS Islam. You think women will be able to wear shorts when its 110 degrees outside let alone have equal rights? Do you think Christians will be able to worship? Nope. But you can bet Americans will still be called infidels.
Listen to what the present SHIITE Prime Minister has to say about that:

....Iraq's Prime Minister is Ibrahim al-Jaafari....
Asked if his government would institute Islamic Shari'a law, al-Jaafari replied: "Yes … that is only natural in a country that is populated mainly by Muslims."

"This is a new chapter in relations with Iraq," enthused Iranian Vice President Mohammad Reza Aref during al-Jaafari's visit. Agha Panayi, an Iranian intelligence official, has offered a similarly enthusiastic assessment: "Throughout Iraq, the people we supported are in power."

Our troops are giving real sacrifice they should be recieving for that REAL FREEDOM.

No blood for Islam.

We must insist that the Constitution of Iraq is one that is not one that will allow them to become another Iran. Those Iraqi politicians want those Oil pipes guarded and their own security guards then they need to guard against going back to 7th century Islam.

[TomasUSMC]

A woman approached him and asked;"What kind of government will we have,sir?".Franklin answered;"A constitutional republic,madam,if you can keep it!".
====
Yea well, in Iraq Franklin might answer "An Islamist Iran Redux, madam, oh and by the way put your berkha on!".

[Congressman Billybob]

I agree with you about the Constitution that MacArthur imposed on the Japanese. But there is no entity that can do in Iraq now, what he did then, in Japan. General MacArthur was, in fact, a military dictator, given the powers that he had as a result of the Unconditional Surrender and the fact that MacArthur was in sole charge of the "Allied" occupation of Japan.

When it works well, the "best" form of government is a benevolent dictatorship. It is an extension of Plato's philosophy of government by "philosopher kings." It worked with MacArthur in Japan. It worked with Kemal Ataturk in Turkey. In all other instances in history, such efforts led to bloody dictatorships, did they not?

John / Billybob

[TomasUSMC]

It worked with MacArthur in Japan. It worked with Kemal Ataturk in Turkey. In all other instances in history, such efforts led to bloody dictatorships, did they not?

---

I think the United States has plenty of men who could accomplish what MacArthur did given the leeway. Political support that is. IMO, its not so much MacArthur as what he was offering the people of Japan - real freedom. If he had allowed the Tojo mindset to stay in power in Japan, there would not have been real freedom there anymore than if Truman had declared Nazism an Ideology of Peace as our own President Bush has declared with Islam.

So I don't see it as the Person in charge as much as what that person offers to the people.

And today we are offering to the Iraqi people a trip back to the 7th century with this new constitution that demands that NO LAW CONTRADICT ISLAM.

Its as if the Germans would have been allowed, after losing WW2,to come up with a constitution that said NO LAW CONTRADICTS NAZISM.

If the Kurds have any sense they will pull out and form their own government with real Freedom of Religion - but that's if they have any sense.

[TomasUSMC]

The contest was hard-fought and close in Virginia. Its ratification convention voted yes by 89-79. In New York, the vote was 30-27. In both, the promise of a Bill of Rights was essential

---

How do you think the Iraqi bill of rights will stand up against "No law shall contradict Islam"?

You know if the Shiites didn't comprise 60 percent of the population, then I'd say the Islamic interpreting would be more liberal and modern. But with Shiites, its 7th century all the way.

[rmlew]

There are differeing schools of Shi'ite throught just as there are Sunni schools.
Take a look at the views of the people of Iran and compare these to the Mullahs. Most Iranians want change.

[Tolik]

LOL

The pleasure is all mine. Thanks for the great article.

[.cnI redruM]

Good thing the UN wasn't there to help out.

[AZLiberty]

There's a big difference between "No law shall contradict Islam" and "The law shall require Islam".

[Larry Lucido]

Good job.