Iraqi Blueprint for tyranny? The proposed Iraqi Bill of Rights employs plenty of pleasant-sounding platitudes similar to the U.S. Constitution. But so did the Soviet Constitution, which consolidated tyranny.Our system of government is premised on the self-evident truth Noun 1. self-evident truth - an assumption that is basic to an argument basic assumption, constatation supposal, supposition, assumption - a hypothesis that is taken for granted; "any society is built upon certain assumptions" that (in the words of the Declaration of Independence) "Men ... are endowed en·dow tr.v. en·dowed, en·dow·ing, en·dows 1. To provide with property, income, or a source of income. 2. a. by their Creator Creator may refer to:
2. Things which are not in commerce, as public roads, are in their nature unalienable. Rights." Based on this premise, the U.S. Bill of Rights does not grant rights; it instead protects already-existing rights by prohibiting government from intruding in·trude v. in·trud·ed, in·trud·ing, in·trudes v.tr. 1. To put or force in inappropriately, especially without invitation, fitness, or permission: on those rights. On the other hand, the proposed Iraqi Bill of Rights, which would become part of that nation's constitution, is based on the fallacy fallacy, in logic, a term used to characterize an invalid argument. Strictly speaking, it refers only to the transition from a set of premises to a conclusion, and is distinguished from falsity, a value attributed to a single statement. that government grants rights. The difference is fundamental, since if government "grants" rights, government can also withdraw or limit the rights it grants. And so the draft of the Iraqi Bill of Rights, like the old Soviet Constitution, is replete re·plete adj. 1. Abundantly supplied; abounding: a stream replete with trout; an apartment replete with Empire furniture. 2. Filled to satiation; gorged. 3. with qualifications that make the rights it grants meaningless (e.g., "the law regulates the exercise of these freedoms"). That is, you have these freedoms except when the law says you do not have these freedoms. The proposed Iraqi Bill of Rights is also reminiscent of the Soviet Constitution in that it proclaims so-called so-called adj. 1. Commonly called: "new buildings ... in so-called modern style" Graham Greene. 2. collective rights empowering the state, such as a fight to healthcare or housing. Such "rights" can only be provided by taking from some to give to others, and inevitably leads to government control of healthcare, housing, etc. Below are some of the rights enumerated This term is often used in law as equivalent to mentioned specifically, designated, or expressly named or granted; as in speaking of enumerated governmental powers, items of property, or articles in a tariff schedule. in the proposed Iraqi Constitution. You decide whether the proposed new Iraqi Bill of Rights empowers the people or the government, whether it guarantees individual rights as inalienable Not subject to sale or transfer; inseparable. That which is inalienable cannot be bought, sold, or transferred from one individual to another. The personal rights to life and liberty guaranteed by the Constitution of the United States are inalienable. or revocable rev·o·ca·ble also re·vok·a·ble adj. That can be revoked: a revocable order; a revocable vote. Adj. 1. by the government, and whether it more closely resembles the U.S. Bill of Rights or the tyrannical model of the former Soviet state.
Individual Rights U.S. Bill of Rights
Freedom of Speech Congress shall make no law
and Press ... abridging the freedom of
speech, or of the press.... (1st
Amendment)
Freedom of Congress shall make no law
Religion respecting an establishment
of religion, or prohibiting the
free exercise thereof.... (1st
Amendment)
Right to Keep and A well-regulated Militia, being
Bear Arms necessary to the security of
a free state, the right of the
people to keep and bear arms,
shall not be infringed. (2nd
Amendment)
Freedom of Congress shall make no law ...
Assembly and abridging ... the right of
Petition the people peaceably to assemble,
and to petition the Government
for a redress of grievances.
(1st Amendment)
Right Against The right of the people to
Search and Seizure be secure in their persons,
houses, papers and effects
against unreasonable searches
and seizures, shall not be
violated, and no warrants
shall issue, but upon probable
cause, supported by oath or
affirmation, and particularly
describing the place to be
searched, and the persons
or things to be seized. (4th
Amendment)
Right to Jury Trial In all criminal prosecutions, the
accused shall enjoy the right to
a speedy and public trial, by an
impartial jury of the State and
district wherein the crime shall
have been committed ... and to
be informed of the nature and
cause of the accusation.... (6th
Amendment)
Additional The enumeration in the
Individual Rights Constitution of certain rights
shall not be construed to deny
or disparage others retained by
the people. people. (9th 9th Amendment)
The powers not delegated
to the United States by the
Constitution, nor prohibited by
it to the States, are reserved to
the States respectively, or to the
people. (10th Amendment)
Socialized Medicine None.
(government control
of life and death)
Government Housing None.
(government control
of shelter)
Socialized None.
Agriculture
(government control
of food)
Industrial Planning None.
(government control
of Industry)
A Guarantee of a None.
Job (government
control over
household finances)
State Control of None.
Natural Resources
State Control of None.
the Family and
Women
Individual Rights Soviet Constitution (1977)
Freedom of Speech In accordance with the interests of the
and Press people and in order to strengthen and
develop the socialist system, citizens
of the USSR [Union of Soviet Socialist
Republics] are guaranteed freedom of
speech, of the press.... (Article 50)
Enjoyment by citizens of their rights
and freedoms must not be to the
detriment of the interests of society
or the state. (Article 39)
Freedom of Citizens of the USSR are guaranteed
Religion freedom of conscience, that is, the
right to profess or not to profess any
religion, and to conduct religious
worship or atheistic propaganda.
Incitement of hostility or hatred
on religious grounds is prohibited.
(Article 52)
Right to Keep and None.
Bear Arms
Freedom of In accordance with the interests
Assembly and of the people and in order to
Petition strengthen and develop the socialist
system, citizens of the USSR are
guaranteed freedom of ... assembly,
meetings, street processions and
demonstrations . (Article 50)
Every citizen of the USSR has the
right to submit proposals to state
bodies and public organizations....
Persecution for criticism is
prohibited. (Article 49)
Enjoyment by citizens of their rights
and freedoms must not be to the
detriment of the interests of society
or the state.... (Article 39)
Right Against The privacy of citizens, and of
Search and Seizure their correspondence, telephone
conversations, and telegraphic
communications is protected bylaw.
(Article 56)
Citizens of the USSR are guaranteed
the inviolability of the home. No one
may, without lawful grounds, enter
a home against the will of those
residing in it. (Article 55)
Right to Jury Trial [None, other than a vague
requirement for a "trial."] Citizens
of the USSR are guaranteed the
inviolability of the person. No one
may be arrested except by a court
decision or on the warrant of a
procurator. (Article 54)
Additional Enjoyment by citizens of their rights
Individual Rights and freedoms must not be to the
detriment of the interests of society
or the state. (Article 39)
Socialized Medicine Citizens of the USSR have the right to
(government control health protection. (Article 42)
of life and death)
Government Housing Citizens of the USSR have the right to
(government control housing. (Article 44)
of shelter)
Socialized The state promotes development
Agriculture of collective farm and co-operative
(government control property.... Collective farms, like
of food) other land users , are obliged to make
effective and thrifty use of the land
and to increase its fertility. (Article 12)
Industrial Planning The state protects socialist property
(government control and provides conditions for its
of Industry) growth. (Article 10)
The economy is managed on the basis
of state plans for economic and social
development. (Article 16)
A Guarantee of a Citizens of the USSR have the right
Job (government to work (that is, to guaranteed
control over employment and pay in accordance
household finances) with the quantity and quality of their
work...). (Article 40)
State Control of State property, i.e. the common
Natural Resources property of the Soviet people, is the
principal form of socialist property.
The land, its minerals, waters and
forests are the exclusive property of
the state. (Article 11)
State Control of The family enjoys the protection of
the Family and the state.... The state helps the family
Women by providing a broad system of child-
care institutions ... by paying grants
on the birth of a child, by providing
children's allowances and benefits
for large families, and other forms
of family allowances and assistance.
(Article 53)
Individual Rights Draft Bill of Rights for Iraq
Freedom of Speech Freedom of the press, printing,
and Press publishing, media, and advertising are
guaranteed and the law regulates the
exercise of these freedoms. (Article 26)
The idea of the dissolved Ba'ath party
and all thought based on racism,
sectarianism, accusations of apostasy,
and terrorism are forbidden.... (Article 22)
Freedom of Freedom of religion, belief, and
Religion performance of religious rites are
guaranteed in accordance with the law.
(Article 20)
... all thought based on ... sectarianism
[and] accusations of apostasy ... are
forbidden.... (Article 22)
Right to Keep and Citizens are forbidden to possess, bear,
Bear Arms buy or sell weapons except with a permit
issued in accordance with law. (Article 17)
Freedom of Freedom of ... organization, ... meetings,
Assembly and peaceful demonstration, and parties is
Petition guaranteed in accordance with the law
and insofar as public safety and morals
are not harmed. (Article 21)
The state shall take care to strengthen
the role of civil society on the basis of
legitimate goals and peaceful means....
It is forbidden to construct civil society
organizations whose activities are
aggressive, harmful to the interests of
society, secret, military in character, or
take the form of militias. (Article 11)
Right Against No one may be detained, held, or
Search and Seizure searched except by a decision from a
competent judicial agency. The privacy of
houses is protected. It is not permitted
to enter or search them except in
accordance with the law. (Article 13)
Postal, electronic, telegraphic, and
telephonic messages are protected.
Inspecting them and placing them under
surveillance is forbidden except for legal
necessityand defense of security in
accordance with law. (Article 20)
Right to Jury Trial [None, other than a vague requirement
for a "trial."] An accused is innocent until
proven guilty in a just and legal trial.
(Article 15)
Additional In addition to the rights stipulated in
Individual Rights this constitution Iraqi citizens enjoy the
rights stipulated in international treaties,
agreements, and international legal
documents that Iraq has signed or joined
or that are considered binding according
to the provisions of international law, so
long as these do not contradict Islam.
(Article 23)
Socialized Medicine Iraqi citizens have the right to enjoy
(government control security and free healthcare. (Article 9)
of life and death)
Government Housing [None, but an earlier draft included the
(government control following provision, which may end up
of shelter) elsewhere in the constitution.] The state
shall provide housing for those citizens
with limited incomes.... (Article 17)
Socialized [None, but an earlier draft included the
Agriculture following provision, which may end up
(government control elsewhere in the constitution.] The state
of food) shall take the necessary measures to
realize the exploitation of land suitable
for agriculture, stop desertification, and
work to raise the level of the peasant and
help farmers and their land ownership in
accordance with law. (Article 17)
Industrial Planning [None, but an earlier draft included the
(government control following provision, which may end up
of Industry) elsewhere in the constitution.] The state
shall bear the responsibility for growth,
developing production and services,
building a solid infrastructure for the
economy of the country, and providing
services. (Article 18)
A Guarantee of a [None, but an earlier draft included the
Job (government following provision, which may end up
control over elsewhere in the constitution.] Work is a
household finances) right for every Iraqi citizen and a duty for
him. (Article 12)
State Control of [None, but an earlier draft included the
Natural Resources following provision, which may end up
elsewhere in the constitution.] All natural
resources and the [resulting] revenues
are owned by the people. The state shall
preserve them and invest them well.
(Article 17)
State Control of The family is the basis of the society. The
the Family and state shall preserve its authentic Iraqi
Women nature, based on religious, moral and
national principles and values. (Article 12)
The state shall provide for harmonization
of the duties of the women towards their
family and their work in the society. [It
shall also provide for] their equality with
men in all fields without disturbing the
provisions of the Islamic shari'a. (Article 8)
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