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Iraq's Interim Constitution: good enough for Iraqis but not us?

Wed Mar 10, 2004 at 04:24:15 PM PDT

I think we should hammer the Bush Administration on why it created an Iraqi Constitution with a Bill of Rights dramatically more progressive than any conception of the US Bill of Rights promulgated by Bush's domestic appointees. Just a few snippets from the new document:

Article 13(C): "the right to join associations freely, as well as the right to form and join unions and political parties freely, in accordance with the law, shall be guaranteed."

Can you imagine Bushites endorsing the writing of union organizing rights into our Constitution?

Article 13(E): " Each Iraqi has the right to demonstrate and strike peaceably in accordance with the law."

Again, the right to strike in a nation's fundamental law? Crazy! Radical!

Article 13(H): "Each Iraqi has the right to privacy."

While the constitutions of some states (e.g. California, Alaska) protect the right to privacy, and while the US courts have held there is a constitutional right to privacy, it is an article of faith on the hard right that no such right exists (cf. Scalia's dissents on the issue), and I certainly can't imagine the Bush Administration endorsing the addition of an explicit privacy right to the Constitution here.

Article 15(C): "...no one may be detained by reason of political... beliefs..."

Compare the Patriot Act.

Article 15(G): " Every person deprived of his liberty by arrest or detention shall have the right of recourse to a court to determine the legality of his arrest or detention without delay and to order his release if this occurred in an illegal manner."

Compare the treatment of those detained as "unlawful combatants."

Article 15(I): "Civilians may not be tried before a military tribunal.  Special or exceptional courts may not be established."

Likewise.

Article 17: "It shall not be permitted to possess, bear, buy, or sell arms except on licensure issued in accordance with the law."

Can you imagine the NRA stomaching this for a femtosecond?

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So you get the point. The question is, can we hit them with this? I say yea.

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