Iraq's Federalist Papers

From The Wall Street Journal's Opinion Journal:

Iraq's Federalist Papers
The constitution empowers legislators, not clerics.

Thursday, August 25, 2005 12:01 a.m. EDT

Iraq's first freely elected government continues to vindicate the belief that the Mideast can be transformed, starting with Saddam Hussein's former tyranny. Its draft constitution, which appears headed for parliamentary approval tonight, reflects a remarkable spirit of compromise--and even enlightenment--among the country's political, ethnic and religious factions.

The word "compromise" is key here. If we were drafting the document, there are many things we might have done differently. But the point of democracy is that countries have to find their own way on difficult issues. Americans also shouldn't be too quick to conclude that anything that sounds odd or unfamiliar to liberal ears is evidence of failure. While this constitution does indeed contain general appeals to religion, it is fundamentally a document that empowers legislators, not clerics.

Take the role of Islam, which is designated as "a" (not "the") "basic source of legislation." Some critics see this as evidence of incipient theocracy. But in what Western democracy are laws not generally in accord with the Judeo-Christian moral heritage? In any case, interpretation of that clause will be up to elected representatives.

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My Comments:
I have said that if the Iraq Constitution recognizes Sharia law as the basis of the governing structure, this is where I "get off the bus" in my support for the Iraq War. However, in light of this Wall Street Journal piece, I have reason to hope that the governing structure, although not exactly what I would have chosen, may not be the "Shi'ite Islamic Republic" nightmare that I had feared.

Maybe here is where I listen to the sage advice of Benjamin Franklin, delivered to the delegates at the Constitutional Convention in Philadelphia in 1787, regarding the set of compromises that came to form the United States Constitution:

Mr. President,

I confess that there are several parts of this constitution which I do not at present approve, but I am not sure I shall never approve them: For having lived long, I have experienced many instances of being obliged by better information, or fuller consideration, to change opinions even on important subjects, which I once thought right, but found to be otherwise. It is therefore that the older I grow, the more apt I am to doubt my own judgment, and to pay more respect to the judgment of others...

In these sentiments, Sir, I agree to this Constitution with all its faults, if they are such; because I think a general Government necessary for us, and there is no form of Government but what may be a blessing to the people if well administered, and believe farther that this is likely to be well administered for a course of years, and can only end in Despotism, as other forms have done before it, when the people shall become so corrupted as to need despotic Government, being incapable of any other. I doubt too whether any other Convention we can obtain, may be able to make a better Constitution. For when you assemble a number of men to have the advantage of their joint wisdom, you inevitably assemble with those men, all their prejudices, their passions, their errors of opinion, their local interests, and their selfish views. From such an assembly can a perfect production be expected? It therefore astonishes me, Sir, to find this system approaching so near to perfection as it does; and I think it will astonish our enemies, who are waiting with confidence to hear that our councils are confounded like those of the Builders of Babel; and that our States are on the point of separation, only to meet hereafter for the purpose of cutting one another's throats. Thus I consent, Sir, to this Constitution because I expect no better, and because I am not sure, that it is not the best. The opinions I have had of its errors, I sacrifice to the public good... I hope therefore that for our own sakes as a part of the people, and for the sake of posterity, we shall act heartily and unanimously in recommending this Constitution (if approved by Congress & confirmed by the Conventions) wherever our influence may extend, and turn our future thoughts & endeavors to the means of having it well administred.

On the whole, Sir, I can not help expressing a wish that every member of the Convention who may still have objections to it, would with me, on this occasion doubt a little of his own infallibility, and to make manifest our unanimity, put his name to this instrument.