Michael Ubaldi, September 30, 2003.
As per my finger-snap title, if only Action Jackson were over in Baghdad, embracing "all the colors of the rainbow" as Iraqis prepare to apply measured care to swift progress in drafting a constitution. French, one-month-and-out anarchical nonsense aside, we should expect a full range of disagreements, walkouts, journals, appeals to the populace and even some Federalist Paper letters in news publications. It won't be polite all the time - nor will it be intellectually dull. That will be something to look forward to. Until then, Iraqis themselves know the significance of the document they will begin to craft:
"It's impossible to do it in six months as Mr. Powell wants," said council member Dara Noureddine, the council's liaison with the committee. "It's unreasonable. It takes more time than this - much more."
Noureddine, the council member most involved in determining how to draft the constitution, said in an interview today that Iraqis first need to decide how to select the drafters. Then those people will have to be chosen. Once they finally gather to begin drafting the document, they will have to sort through a raft of contentious issues, including whether to adopt a presidential or parliamentary system, and whether Islam is recognized as the sole basis for laws. Resolving those matters almost certainly will involve lengthy debates among not just the delegates but politicians, religious figures and other prominent members of Iraqi society.
"The most difficult battle will be the battle of the constitution," said Noshirwan Mustafa, a senior official of the Patriotic Union of Kurdistan, one of the country's two large Kurdish political parties. Noureddine and other Iraqi leaders insisted that the entire process cannot be accomplished in less than a year. "This is our future," he said. "This is for the next generation, not just for the next few years. One should not be hasty in formulating the constitution."
Some Iraqis are eager to see the occupation end, constitution or not - that's probably nothing to worry about, a bit of nationalist bravado and domestic posturing to win popular support. But Iraq leaders should accept the fact that the United States will simply not leave the country without a pluralist, self-governed society in place. One of America's expectations is that Iraq's new leaders are sensible and considerate, not impatient.
Glenn Reynolds wonders about the constitution's specifics and offers some bloggers' thoughts, particularly on Federalism. Given the tentative nature of even the preliminary negotiations, it's unlikely anything concrete exists. Nor can assurances from any one constitutional delegation, when the convention begins, be appreciated as more than part of the political and legal debate. With that in mind, we can return to the standards set in place by the occupational authority:
L. Paul Bremer, the U.S. civil administrator of Iraq, has said the constitution will be "written by Iraqis, for Iraqis." But he has also said the Bush administration expects the final document to embody principles adopted during a U.S.-sponsored conference of Iraqis in April near the ancient ruins of Ur. Those principles include federalism, democracy, nonviolence, a respect for diversity and a role for women.
Those are about as serious as the legal requirements established by the Supreme Commander of Allied Powers in Japan: opening of elections, privatization of property, a breakup of the zaibatsu plutarchy, among many other individual rights. Will the Iraqis be expected to follow the rules to properly found liberty - including Federalism? Judging by Bremer's consistent performance, and adherence to and enforcement of liberal fundamentals - not least the major economic victory in the Finance Ministry last week - we have no reason to doubt that federalism and the separation of powers will help define modern Iraq.
ALSO: A look at our own Constitutional Convention of 1787. The process wasn't linear, taking several months - even with an existing body of fair laws like the Articles of Confederation and without the baggage of modern, Stalinist tyranny.