Potential/fictional Pan-Arabian Republic

[Dylan Madden]

Hi guys, so as a hobby I have been writing a Constitution and laws for a fictional/potential Pan-Arab Republic. There has been talks of an Arab Republic in the past, as well as attempts to found one, but at the moment the state does not exist. A version of the Constitution I wrote is here (link removed by moderator).
If you want to read it and give feedback I would be grateful. Thank you!

 

[adjusterjack]

I removed your link. We have no idea of its origin or its risk. If you want to paste the text into your post feel free to do so.

 

[Zigner]

This forum is for US law matters only.

 

[adjusterjack]

I would be amused to read the Pan-Arab Republic Constitution while sipping my Pan-Galactic Gargle Blaster.

 

[Dylan Madden]

Constitution of the United States of

Arabia

To further the cause of the Arabian people, to ensure Peace, to Establish
Freedom which all People may enjoy, to Establish a Nation in which all People may
exercise their unalienable Rights to Life, Liberty, and the Pursuit of Happiness, to
Protect the Property of its Citizens, to pursue Justice, and to provide for the Common
and National Defense, this Constitution is Established as the Supreme Law of the
Nation of the United States of Arabia.

Article One

Section One: All Federal Legislative power is granted to the Congress of the United
States of Arabia, which will consist of a Senate and a House of Representatives.
Section Two: The House of Representatives will be composed of Representatives, one
for each Congressional District, elected to two year terms by the people of the District.
Each Representative will have exactly one vote.
A Representative is required to be at least 21 years old by the time of the
Election. A Representative must be a resident of the electoral District in which they seek
Election by the time of their Election. A Representative is required to be a Citizen of the
Nation for seven years by the time of the Election unless they were made a Citizen by
the Constitution at its Adoption.
The amount of Electoral Districts a State has, and thus, the number of
Representatives, is dependent on the population of that State, however, each State will
have at least one Representative.
The population of the Nation, the States, and the localities will be enumerated
every ten years by a Census Bureau independent of the House of Representatives. The
first Census will be three years after the Adoption of the Constitution. Electoral Districts
will be drawn containing as close to 1,000,000 constituents, or a number later decided
by Congress, as possible. The number of voting Representatives cannot exceed 1 for
every 30,000 citizens.
When vacancies happen in the House, the Executive of the State to which the
District belongs will make arrangements for a Special Election.

Territories not incorporated into the Nation as States may elect Non-Voting
Representatives to speak on their behalf.
The House of Representatives holds the sole Power of Impeachment. A ⅔
majority vote is required for Impeachment.
The Speaker of the House will preside over House proceedings. The Speaker
and all other officers of the House will be elected from the House's members at the
beginning of every year.
Section Three: The Senate of the United States of Arabia will be composed of two
Senators from every State, elected in Statewide Elections. Senators will serve terms of
six years. Each Senator will have exactly one vote.
A Senator must be at least 30 years old at the time of the Election. A Senator
must have been a Citizen of the Nation 10 years by the election unless they were
granted Citizenship by the Constitution at the Time of its Adoption. A Senator must be a
resident of the State in which they seek Election at the time of the Election and their
tenure as a Senator.
In order to establish a staggered Election of Senators, in the first Election each
State's Senator who received the most votes will be granted a full six-year term, a
second Senator will be nominated by each State's Executive to be confirmed or denied
by that State's legislature. The appointed Senator's term will be three years. This will
only take place in the first Election.
The Senate will have the sole power to try all Impeachments. When assembled
for that purpose all Senators will be considered to be on Oath or Affirmation. The Chief
Justice of the Supreme Court will preside if the President is being tried.
The Vice President of the United States of Arabia will be the President of the
Senate, but will have no vote except in the case of an exact tie. The Senate will elect
their own officers, including a Senate President pro tempore, to preside in the absence
of the Vice President, or if the Vice President is sworn in as President of the United
States of Arabia.
When vacancies happen in the Senate, by death, Resignation, or Expulsion, the
Executive of the State to which the vacancy belongs will make arrangements for a
Special Election. In the time between when the vacancy occurs and when the Elected

Candidate is sworn in, the Executive of the State to which the vacant seat belongs is
able to appoint a Senator to be confirmed or rejected by that State's legislature.
Trials of Impeachment may not go farther than Removal from Office. However
the Party tried is still liable to indictment, judgment, and punishment, according to Law.
Section Four: The Times, Places, and Integrity of Senate and House Elections is the
responsibility of State legislatures, the Congress may overrule the State legislature by
majority vote, concerning Elections, if it sees fit.
Congress must be in Session at least twice a year. One of those times must be
at the beginning of the year on a day set by Congress.
Section Five: Each Chamber of Congress is the Judge of the Elections, Attendance,
and Discipline of its own members.
Each Chamber has the right to determine the rules of its own Proceedings,
punish its members for disorderly behavior, and, with a ⅔ majority, expel a member.
A Majority of members is required as a Quorum to do business, though members
may leave when the Chamber adjourns.
Each Chamber is to keep a Journal of its Proceedings, which is to be published
regularly except in the case where the Chamber judges that secrecy is warranted. If ⅕
of the members of the Chamber vote for something to be added to the Journal, it will be.
Neither Chamber may adjourn for more than three days while Congress is in
Session.
Section Six: Members of Congress will receive a compensation for their services
to be determined by Law.
Excepting the cases of Treason, Felony, and Breach of the Peace, members of
Congress will be immune to being arrested during their Attendance to the Session of
their Chamber of Congress as well as when traveling to Congress for the Session.
No member of Congress may hold a civil office during the time for which they
were elected.

Section Seven: All Bills regarding the raising of Revenue must originate in the House
of Representatives, but the Senate may concur or propose Amendments as with other
Bills, the House has the power to reject these Amendments as always.
Any Bill that has been passed in both Chambers of Congress will be presented to
the President of the United States of Arabia. The President may either sign or veto the
Bill. If the Bill is signed it becomes Law. If the Bill is Vetoed it is returned to the Chamber
in which it originated, in which it will again come to a Vote, to overturn the President's
Veto and make the Bill into Law, a ⅔ majority is required. The President will have eight
24 hour days to sign or veto a bill if Congress is in Session. If the President does not
Sign or Veto the Bill within those eight days the Bill will be passed into Law just as if it
had been signed.
All Votes and Acts of Congress should be reported to the President of the United
States of Arabia in a reasonable amount of time. All Executive Actions of the President
should be reported to Congress after a reasonable amount of time.
Section Eight: The Congress of the United States of Arabia has the following powers:
To lay and collect Taxes, Duties, Imposts, and Excises, in order to pay Debts,
provide or the Common Defense and General Welfare, but all Duties, Imposts, and
Excises must be uniform throughout the Nation.
To Borrow money on the Credit of the Nation.
To regulate Commerce with Foreign Nations and among the States.
To establish uniform Laws of Naturalization and Bankruptcy within the Nation.
To mint Currency and regulate the value thereof.
To provide for the punishment for counterfeiting the Currency and Security of the
United States of Arabia.
To promote Science and the useful Arts by granting to Artists and Inventors
exclusive rights to their Works and Discoveries for a limited time.
To establish Courts inferior to the Supreme Court.
To define and punish Offences against the Law of Nations.

To Declare War.
To Raise and Support Armies, including a National Guard for defense of the
Nation.
To make Rules for the Government and Regulation of Land and Naval forces.
To call forth the National Guard to suppress violent insurrections and Invasions.
To Provide for Organizing, arming, and disciplining the Military.
To Exercise exclusive Legislation over the Seat of Government of the United
States of Arabia.
Section Nine: The Writ of Habeas Corpus shall not be suspended except in cases of
Rebellion or Invasion, and must be quickly reinstated after the Rebellion or Invasion is
over.
No Bill of Attainder or ex post facto Law shall be passed.
No Tax or duty will be put on exports from any individual State or incomplete
group of State's.
No Preference will be given in the form of Regulation to any State's trade.
Any money withdrawn from the Treasury must be recorded and published. No
money may be withdrawn except for an Act of Congress.
No Title of Nobility shall be granted by the Government of the United States of
Arabia. None holding an Office may accept a gift, office, or title from a Foreign Nation,
Royal, or organization, without the consent of Congress.
Royal families will have no official powers in this Nation. They may continue
existing peacefully as a non-government body, however they will have no power within
any part of the Nation and their leadership may be dissolved if they are deemed to be
Conspiracies in Treason by the Courts. Members of Royal families will have all the
same rights as any other citizen. If a member of a Royal family seeks to become an
Elected Official, Civil Officer, or Officer in the Military higher than entry level, they must
renounce their connection to the Royalty.

Section Ten: States may not:
Mint currency.
Enter into a Treaty, Alliance, or Confederation.
Without the consent of Congress a State may not keep Troops or Military
equipment in times of Peace, or Engage in War unless invaded or in imminent danger of
being invaded.

 

[Dylan Madden]

Article Two

Section One: The Executive power is hereby invested in a President of the United
States of Arabia. The President will be elected by the whole Nation to a term of four
years. A President will only be allowed to serve two terms. Every Presidential candidate
will be required to name their Vice Presidential running mate before the Election. The
Vice Presidential candidate chosen by the elected Presidential candidate will be elected
to the same term.
Every State will be granted as many Electoral Votes as it has Senators and
Representatives. The Legislatures of the States may decide how the State's Electoral
votes are split, whether in one single Statewide vote, or in multiple Districts. If a State
splits its Electoral votes it must do so in a way that is fair and gives equal representation
to all based on population. All States that have more than 60 electoral votes will be
required to split their votes one Electoral vote per District, and two for the winner of the
Statewide election.
The winner of the Presidential Election will be the Candidate who wins the most
Electoral Votes. In the case of a tie a recount may be called. If no Candidate has more
Electoral votes than another then the House of Representatives will decide between the
tied Candidates in a Special Session of Congress. A quorum for this purpose must
include Representatives from ⅔ of the States. If a tie results in the House as well the
Senate will be given the responsibility of choosing the President, when the Senate is
meeting to choose the President the same quorum applies as if it were the House.
Only a Natural-Born Citizen of the United States of Arabia or a Citizen at the time
of the Signing of the Constitution is eligible to be President. Only a Citizen who is at
least 35 years old and has lived in the Nation for 14 years by the time of the Election is
eligible to be President.

The President will regularly receive a livable wage that cannot be increased or
decreased during the President's term.
The President must take this Oath of Office before taking Office. "I solemnly
swear that I will faithfully execute the Office of President of the United States, and will to
the best of my Ability, Preserve, Protect and Defend the Constitution of the United
States."
Section Two: The President will be the Commander in Chief of the Military, and the
National Guard.
The President of the United States of Arabia will have the power to Pardon those
convicted of criminal offences except in case of Impeachment.
The President of the United States of Arabia has the power to make Treaties if ⅔
of the Senate ratify said Treaty.
The President will have the power to appoint Supreme Court Justices,
Ambassadors, and other Officers whose Appointments are not provided for by this
Constitution. The Senate has the sole power to Confirm or Reject any of these
Appointments. The President can appoint temporary Officers to fill vacancies during the
Recess of the Senate.
Section Three: The President of the United States of Arabia is required to address
Congress on the State of the Union at least once a year.
The President can, in extraordinary circumstances, Assemble Congress.
Section Four: The President, and any other Civil officer, may be Impeached from
Office upon being convicted of, Treason, Bribery, or Felony.
Section Five: If the President leaves office during his term due to Impeachment,
resignation, or death, the Vice President will succeed to the Presidency if the Eligibility
requirements of Article Two Section One are met. If the requirements are not met, or the
Vice President declines the Presidency, then the Speaker of the House will Succeed if
Eligible by the same standard.
The line of Succession is as follows: Vice President, Speaker of the House,
President Pro-Tempore of the Senate, and then the heads of the Executive offices in an
order later chosen by Congress.

If anyone in the line of Succession is ineligible by this Constitution they will be
passed over. If the entire line is diminished the House is responsible for choosing an
Eligible President Pro Tempore until the next Election.
When any Officer, Elected Official, government or corporate employee succeeds
to the Presidency, they will no longer hold the position they previously held.

 

[Dylan Madden]

Article Three

Section One: The Judicial Power of the United States of Arabia will be placed in the
Supreme Court of the United States of Arabia and in Inferior Courts that are established
by the Congress. The Justices of the Supreme Court and the Judges of Inferior Courts
will be allowed to serve indefinitely unless they are removed from Office due to being
convicted of Treason, Felony, or Bribery.
Supreme Court Justices can resign from the Court. Like all other positions the
death of the Office holder renders the seat vacant.
Section Two: The Judicial power of the Supreme Court will extend over all Cases of
this Constitution, over Law of the United States of Arabia, to Controversies between
States, between Citizens of different States, Controversies in which the United States of
Arabia is a party, between Citizens or non-Citizens within the Nation, and in trying
Ambassadors and Civil Officers.
In Cases where Ambassadors, multiple States, or the United States of Arabia,
are to be a party the Supreme Court will have Original Jurisdiction. In all other Cases
where the Supreme Court has Jurisdiction the Court will have appellate Jurisdiction.
The Trials of all Crimes, except in cases of Impeachment, will be by Jury and
each Trial will be done in the State where the Crime was allegedly committed or, in the
case of a Civil Trial, where the dispute takes place. If the Crime was not committed in
any one State then the Trial will take place where Congress decides by Law.
Section Three: The Supreme Court will consist of 15 Justices. The President will
appoint one Justice, whether it be a new Justice or one already on the Court, to be the
Chief Justice of the Supreme Court, who will preside over meetings and Hearings, but
will still only have one Vote. The Chief Justice will form a list of appeals which the Chief
Justice deems worthy to be ruled on by the Court, other Justices may Vote to add cases
to the list or to remove cases from the list, ultimately all cases must receive a majority

vote to be heard. Like any other Justice the Senate must vote to confirm the President's
appointment to Chief Justice for the Appointment to be valid.
Section Four: Treason against the United States of Arabia is defined only as fighting
War against it or Aiding those who wage War against it. War being defined as the use of
armed physical violence against a Nation.
The Congress has the power to decide the punishment for Treason, but no
Attainder of Treason may include Corruption of Blood. It may also not include Forfeiture
except for the person directly convicted during their life.
Section Five: The first President is only allowed to appoint five Justices in the first term.
In the second term the President is free to appoint five more Justices. This handicap
does not apply to any Presidency except in the first eight years. After the first eight
years a President can make appointments, with the vote of the Senate, to fill any
vacancies in the Court. If for any reason the number of Justices drops below five in the
first Presidential term, or ten in the second, the President is free to appoint Justices to
fill these new vacancies, but is still unable to appoint more than five in the first
Presidential term or ten in the second.

 

[Dylan Madden]

Article Four

Section One: The Citizen of one State, when in a different State, will enjoy all legal
Privileges and Immunities that a Citizen of that State would receive.
Any person charged with a Crime in one State and flees to another, will be
served up to the State where the charges were pressed to the best of the ability of Law
Enforcement.
Section Two: New States may be admitted into the Union by the Senate upon the new
State's ratification of the Constitution, but no State will be set up within the Jurisdiction
of another, nor will a new State be formed by a merger of two states without the
Consent of the Legislatures of involved States and the Congress of the United States of
Arabia.
The Congress will have the power to oversee or release all territories owned by
the United States of Arabia that is not part of any State, except for the Seat of
Government, which is to be the Nation's Capital.
Section Three: Every State is required to have a Republican form of Government.

It is the responsibility of the Federal Government of the United States of Arabia to
provide for the Defense of the States and Territories, and protection from Invasion and
Domestic violence.
Each State is required to pass their own Constitution subordinate and inferior to
the Constitution of the United States of Arabia. State Laws, Federal Laws, or State
Constitutions cannot contradict the Constitution.
All legitimate powers of government not given to the Federal Government or
prohibited to the States are given to the States.

 

[Dylan Madden]

Article Five

Section One: The Citizens of the United States of Arabia, and, unless otherwise noted,
Resident Aliens, are recognised to have the following rights, regardless of race,
Religion, Gender, sexuality, economic class, ethnicity, or National Origin or Identity,
which are to be protected by this Constitution and all Officers and Elected Officials of
the United States of Arabia. All of these Rights are held by both Citizens and Residents
from Conception in the womb until death, unless otherwise noted.
1. None may be derived of their Life, Liberty, or Property without due process of
Law.
2. All Have the Right to Speak Freely and Practice and Preach their Religion. No
Government may restrict the Freedom of Speech, Freedom of Religion, or
Freedom of the Press within the Nation. No Government of the Nation may
Establish a State or official Religion, tax a Religion, or declare any Religion or
lack of religion, through official act, to be superior or inferior to another.
3. The Right to Peaceably Purchase, Keep, and Bear Arms. The Right of the
Citizens to Purchase, Keep, and Bear Arms may not be infringed except for in
the case of Felony or Treason. The Congress may restrict the minimum age to
Purchase, Keep, and Bear Arms to no higher than 18 years of age. Non-Citizens
are not ensured this Right by this Constitution, however until the Congress
decides otherwise, it will be legal for Non-Citizens to Purchase, Keep, and Bear
Arms except in the case of Felony or Treason.
4. None may be required to quarter soldiers on their Property in times of Peace.
None can be forced to quarter soldiers in times of War except in ways prescribed
by Law.
5. None may be made subject to Searches and Seizures without a Warrant or
Probable cause. No Warrants will be issued except for cases of Probable cause.

6. None may be tried multiple times on the same charges. The Accused has the
right to a Trial by Jury. None will be required to stand Trial unless called to Trial
by a Jury. None may be required to be a witness against themselves or a
member of their direct family, which is limited to a person's: parents,
grandparents, children, siblings, uncles, aunts, spouses, or cousins closer than
third cousins. This does not change if any of these relationships are adoptive.
7. The Accused has the Right to a speedy and public Trial by an impartial and well-
informed jury of their peers in the State and District in which the Crime was
alleged to have occurred or where the dispute takes place. The Accused always
has the Court's Presumption of Innocence.
8. No Excessive Bail may be posted. Excessive Fines may not be imposed. No
excessively Cruel Punishment may be inflicted.
9. None may be bought, sold, or enslaved. None may be required to perform
involuntary servitude, except in cases where the party is derived of their freedom
as part of a criminal conviction by the Courts.
10. All Citizens have the right to Vote once they reach the age of 18 years. The
Right to Vote can only be taken away in cases of Treason or Felony. In the case
of Felony the right to Vote can only be infringed if the State where the Felony
was committed restricts the Voting Rights of felons by Law. The Right to Vote
can only be infringed upon in the case of Treason if the Congress, by Law,
decides that Treason is punishable by loss of Voting Rights. Unless Congress
Votes otherwise Treason will, by default, result in loss of Voting Rights.
11. The Enumeration of certain rights in this Constitution in no way downplays any
other rights held by the People.
Section Two: A person will be considered an adult at 18 years old and older.
Section Three: This Constitution grants Citizenship to all who were Citizens or Legal
Residents of the States or Territories of the Nation at the time of the Adoption of this
Constitution, all those born in the States or Territories after the Adoption of the
Constitution, the Citizens, Legal Residents of States and Territories that later become
part of the Nation, those born to Citizen residents abroad, and those who are later
Naturalized following a process to be determined by Congress. The only exception to
this rule is in the case of those who were Citizens or Legal Residents at the time of the
Adoption of the Constitution, but at that time had committed Treason against the new
Nation as part of a Treasonous group.
For the purposes of this Section and this Section alone the only groups defined
as Treasonous groups are limited to Isis and Al Qaeda.

Article Six

Section One: All debts and arrangements entered into before the Adoption of the
Constitution of the United States of Arabia, remains valid as long as they remain legal.
Section Two: This Constitution is the Supreme Law of the Land. No Federal Law,
Treaty, State Law, or Act of any Government may contradict this Constitution.
Section Three: All Members of Congress, Supreme Court Justices, The President and
Vice President, Civil Officers of the United States of Arabia, Judges of Inferior Courts,
and all other members of Government must say an Oath of Allegiance to this
Constitution and to the Nation, but no Religious test, or Allegiance to a Religion, may
ever be administered, or required, to take any Office or any Government position.
Section Four: The Seat of Government will be the Capital of the Nation. If the Capital is
to be set up in an existing city, that city must be ceded from the State or Territory where
it exists to become its own independent District. Should the Seat of Government have
600,000 Permanent Residents other than Elected Officials, the District will be given one
Electoral Vote in the Presidential Election, one Senator, and one Representative.
The Seat of Government must provide a place for both Chambers of Congress to
meet, the Supreme Court to hold trials and deliberate, and for the President and the
Executive Officers to do business.
Section Five: The day on which Elections are held will be the same in every State.
Unless the Congress appoints another day by Law, Election day will be held in the first
two weeks of May, but never on a Friday, Saturday, or Sunday.
Election day will be a National Holiday, none may be required to work on Election
Day except for Emergency workers, Law Enforcement, including prison guards, and
Medical workers. Those who would be barred from voting by timing should be given the
opportunity to vote absentee if they are eligible to vote by this Constitution.
Article Seven

Section One: With the understanding that Basic Criminal Law is needed by the People
of the Nation, and will be needed before it can be provided by the Congress, this
Constitution establishes the following Basic Criminal Laws to accompany Laws later
passed by Congress.

It is illegal to take the Life, Liberty, or Property of any other person except in the
case of self-defense or defense of another in danger. Murder will be a Felony in this
Nation.
It is illegal to physically attack or intentionally harm any other person except for
the case of self-defense or defense of another in danger. Assault and Battery will both
be Felonies within this Nation.
It is illegal to marry or have sexual relations with a person under the age of 18
years. This will be considered both Rape and Felony Child Abuse. It is also illegal to
force a person into a marriage or to arrange a marriage that would involve one or more
children.
It is illegal to force any other person into sexual intercourse without their consent.
Rape is a Felony in this Nation. Rape will still be considered to be Rape even if no
penetration occurs. It is also illegal to force someone to remove their clothing for the
purposes of sexual pleasure without their consent. Forced nudity will be considered
Rape.

Article Eight

Section One: With ⅔ of the Vote in both Chambers of Congress the Constitution can
be Amended. The Constitution can also be Amended if ⅔ of State legislatures call a
Convention of States and ¾ Vote to Ratify the Amendment. When either mode of
Amendment is utilised, ⅔ of the States must ratify the Amendment in their Legislatures
for it to be passed. The President cannot Veto an Amendment. If an Amendment is
passed it will be part of this Constitution. The only exceptions include:
This Constitution cannot be Amended until 20 years after the its Adoption.
No State may be denied its suffrage in the Senate or House of Representatives.
No group of People may have their ensured Rights taken away from them.
No Branch of the Federal Government, Executive, Legislative, or Judiciary, may
be entirely dissolved.
None of the Basic Laws may be entirely removed.

 

[adjusterjack]

Looks good to me.

 

[Tax Counsel]

Your constitution is essentially a tweaked version of the U.S. Constitution. Our constitution works for us because of the particular history and values that have shaped our country. The problem is that mid-east Arab nations have a very different history, culture, values, and outlook than Americans have. A nation's Constitution has to meet the needs and values of the majority of people within that nation. I think that a number of the things in your proposed Constitution would not work well for middle eastern Arab states. For example, a number of those nations would not sign on to a Constitution that does not at least put Islam higher than other religions. Indeed, some would insist that Islam be the state religion and even that Sharia law be enshrined as part of the law of the land.

Also, using a Congress modeled after the U.S. Congress would likely not make sense for a Pan Arab state. Particularly, the adoption of a Senate like our Senate is probably not a good choice. Indeed, if Americans were making a Constitution today, we might well have the Senate arranged differently than it currently is.

There is no good reason for the seat of government to deny its citizens equal representation in the Congress. That is a defect of our current Constitution, and yours adopts the same defect.

The right to bear arms is a uniquely American right that I think would not go over well in many middle Eastern states, especially given the problems of violence that many face.

A trial by jury is also something that would be foreign to many Arab states and one that may not find much support in those nations.

Defining a "person" to be only those age 18 or older is a problem. That effectively denies children all the human rights and protections that all persons should have.

The day for national elections should be fixed the same in all states. But state and local government elections should be set as those state/local governments decide.

Why should constitutional amendments be required to be approved by state legislatures? Why not allow the state to put that choice to a vote in that state?

Your Constitution requires things like warrants, probable cause, etc., that were well known concepts in English law when we adopted our Constitution, making those things understandable. But I suspect those things are foreign to the legal framework and experience of many mid east nations, and thus more detail on that may be needed to make it work for mid eastern nations. Indeed, you don't even specify, as our Constitution does, that the warrant must issue from a court.

It may even be the case that a parliamentary model of government might work better for those states than our congressional model. It is interesting to note that most democratic governments in the world are set up using parliamentary system rather than our congressional system.

 

[PayrollHRGuy]

Here let me write you one that might actually be adopted by your fictional state.

Constitution of the United States of Arabia

See Koran.

 

[Dylan Madden]

Your constitution is essentially a tweaked version of the U.S. Constitution. Our constitution works for us because of the particular history and values that have shaped our country. The problem is that mid-east Arab nations have a very different history, culture, values, and outlook than Americans have. A nation's Constitution has to meet the needs and values of the majority of people within that nation. I think that a number of the things in your proposed Constitution would not work well for middle eastern Arab states. For example, a number of those nations would not sign on to a Constitution that does not at least put Islam higher than other religions. Indeed, some would insist that Islam be the state religion and even that Sharia law be enshrined as part of the law of the land.

I understand this concern, but the idea was to create an ideal republic, not necessarily a realistic one. In this scenario I was assuming it had already been passed, but I appreciate the feed back.

Also, using a Congress modeled after the U.S. Congress would likely not make sense for a Pan Arab state. Particularly, the adoption of a Senate like our Senate is probably not a good choice. Indeed, if Americans were making a Constitution today, we might well have the Senate arranged differently than it currently is.

Could you go into more detail here?

There is no good reason for the seat of government to deny its citizens equal representation in the Congress. That is a defect of our current Constitution, and yours adopts the same defect.

In a highly polarized region such as the Greater Arabian Peninsula giving the capital to any state would make it more an empire than a republic.

The right to bear arms is a uniquely American right that I think would not go over well in many middle Eastern states, especially given the problems of violence that many face.

I feel at this point the nation has already been throughly saturated with weapons and they are in a similar position as America.

A trial by jury is also something that would be foreign to many Arab states and one that may not find much support in those nations.

Again, an ideal republic. I don't want innocent people being beheaded.

Defining a "person" to be only those age 18 or older is a problem. That effectively denies children all the human rights and protections that all persons should have.

That is a linguistic mistake, that I made. My language isn't clear there. I did define those under 18 to be persons.

The day for national elections should be fixed the same in all states. But state and local government elections should be set as those state/local governments decide.

I don't believe I addressed state and local elections?

Why should constitutional amendments be required to be approved by state legislatures? Why not allow the state to put that choice to a vote in that state?

The State could vote to abstain if it wants to I suppose. Not sure why it would.

Your Constitution requires things like warrants, probable cause, etc., that were well known concepts in English law when we adopted our Constitution, making those things understandable. But I suspect those things are foreign to the legal framework and experience of many mid east nations, and thus more detail on that may be needed to make it work for mid eastern nations. Indeed, you don't even specify, as our Constitution does, that the warrant must issue from a court.

Again, ideal situation.

It may even be the case that a parliamentary model of government might work better for those states than our congressional model. It is interesting to note that most democratic governments in the world are set up using parliamentary system rather than our congressional system.

I would also appreciate discussing this. Thanks for your time!

 

[army judge]

I wonder if one of those powerful government agencies with three letter initials instigated this thread or is watching the responses?

I think the term used during the 60s was AGENT PROVOCATEUR.

Be very careful, THEY ARE always looking and listening.

I'll STIFLE myself now.

Carry on, as if I never typed a darn word.

 

[Dylan Madden]

I wonder if one of those powerful government agencies with three letter initials instigated this thread or is watching the responses?

I think the term used during the 60s was AGENT PROVOCATEUR.

Be very careful, THEY ARE always looking and listening.

I'll STIFLE myself now.

Carry on, as if I never typed a darn word.

I assure you I don't work for the government.

Here let me write you one that might actually be adopted by your fictional state.

Constitution of the United States of Arabia

See Koran.

While that has some truth to it, I would like to think that the formation of a secular government is not impossible.

 

[Tax Counsel]

While that has some truth to it, I would like to think that the formation of a secular government is not impossible.

While secular government is possible — not all the nations are theocracies like Iran — it is still likely that any Pan Arab state would at the very least place Islam above other religions if not making Islam the sole religion of the nation. You'll not find U.S. style freedom of religion getting much support in a lot of those countries.

 

[Dylan Madden]

While secular government is possible — not all the nations are theocracies like Iran — it is still likely that any Pan Arab state would at the very least place Islam above other religions if not making Islam the sole religion of the nation. You'll not find U.S. style freedom of religion getting much support in a lot of those countries.

That's why I put a recognition of Islam in the Constitution as a compromise. Also Iran isn't Arab, it's Persian.

 

[PayrollHRGuy]

While that has some truth to it, I would like to think that the formation of a secular government is not impossible.

You may like to think anything you like but at this point in time, the single unifying issue in that part of the world is Islam, especially if you are talking about overturning the monarchies that are currently in place.

And even that single unifying issue has many divides.

 

[Dylan Madden]

Here is one of the Bills I wrote.


Executive Branch Departmental Organization Bill




A Bill

To provide structure to the Executive branch by setting up and organizing Departments to be lead by the President's Cabinet.


Be it enacted by the Congress of the United States of Arabia and passed into law.


Section 1: Executive Departments


(a) Department Heads- Each Department is lead by an appointee by the President which is approved by the Senate. This leader will be called Secretary unless otherwise noted.

(b) Inspectors General- An Inspector General, or Inspectors General, may be placed by Congress in any Department or part of a department as it sees fit. Inspectors General will by default be placed in the Department of Justice, the Department of the Military, the Department of Homeland Security, the Department of Corrections, and the Elections Bureau.

(c) Human Resources- All divisions described below are required to have a Human Resources system responsible for working towards the safety of employees and advocating for their interests.


Sec 2: Department of Infrastructure (DoI)


(a) Purpose- The Department of Infrastructure, will be responsible for building, maintaining, and enforcing certain regulations on, the nation's Federal: roads, bridges, docks, airports, and utilities.

(b)Internal Organization- The DoI will be organized in the following way:

(1) A Bureau of Land Transportation (BLT), which will be delegated the responsibility to build and maintain the nation's roads and bridges, as well as mark them with the appropriate signage.

(2) A Bureau of Air Travel (BAT), which is delegated the responsibility to build and maintain any necessary Federal public airports.

(3) A Bureau of Docks and Harbors (BDH), responsible for building and maintaining any necessary Federal public docks and harbors.

(4) A Bureau of Water (BoW), responsible for creating sources of clean drinking water wherever in the nation Congress tells it to.


Sec 3: Department of the Treasury


(a) Purpose- To manage the finances of the Federal government. To print, and regulate the value of, the nation's currency. To collect Taxes and other Federal income.

(b) Internal Organization- The Treasury will be organised in the following way:

(1) A Treasury Security Force (TSF), will be delegated the responsibility to protect the Federal government's money, in storage location(s) and in transit, and only allow it to be spent as prescribed by law.

(2) A Bureau of Taxes and Federal Income (BTFI), will be delegated the responsibility to collect taxes and Federal income in a way prescribed by law.

(3) A Bureau of the Mint, delegated the responsibility to make the nation's currency in a way prescribed by law.

(c) The Leader of the Treasury will be called the Treasurer.


Sec 4: Department of the Military (DoM)


(a) Purpose- To defend the nation from hostile powers. The military is responsible for fighting the nation's wars.

(b) Internal Organization- The DoM will be organised in the following way:

(1) The National Guard, responsible for defending the nation from invasion and from domestic militant threats. This Branch will be comprised of the Land Guard (which defends the land), the Coast Guard (which defends the coasts and the nation's territorial and internal waters), the Air Guard (which defends the nation's airspace), and the Elite Guard (responsible for executing warrants on suspected terrorist strongholds and militant bases, and providing necessary assistance to the other sub-branches.)

(2) The Army. A professional fighting force responsible for fighting the nation's wars. Soldiers in reserve may be called into active duty at any time deemed necessary by the DoM, by the Army itself, by the President, or by Congress. In the event of an invasion or an event of similar importance to national defense, the Army may be assigned to assist the National Guard.

(3) The Navy. Responsible for fighting the nation's wars on the oceans. In times of invasion, or events of similar importance to national security, the Navy may be assigned to assist the Coast Guard, or the larger National Guard. The Navy is responsible for defending Arabian civilians in International Waters. The Navy will execute the nation's right to Universal Jurisdiction over the crime of Piracy on the High Seas. The Navy is also responsible for assisting the Army in deployment when it is deemed necessary.

(c)Presidential Authority- Within the terms set by the Constitution and laws passed by Congress, The President has supreme power over the Military.

(d) Reserves- All branches will have the ability to have soldiers not on active duty in their reserves. Soldiers in reserves may be called into active duty as the branch, the DoM, the President, or Congress see fit.


Sec 5: Department of Foreign Affairs (DFA)


(a) Purpose and Overview- It is the duty of the DFA to negotiate treaties with foreign countries, operate embassies and consulates, and provide for the security of citizens abroad. All Ambassadors will be considered part of, but not subservient to, the DFA. The DFA is responsible for the security of embassies, consulates, and ambassadors.


Sec 6: Department of Health (DoH)


(a) Purpose- To provide for the health of the nation's people by providing healthcare for those who cannot provide it for themselves and by funding or carrying out relevant research.

(b) Title of Leader- The leader of this department will be known as the Surgeon General.

(c) Healthcare- The DoH will form a voucher system that funds preventative care, life-saving care, and necessary rehabilitation to the poor. The DoH will also pay to treat any condition a veteren of the military received as a direct result of their service.


Sec 7: Department of Justice (DoJ)


(a) Purpose- To fairly and impartially enforce Federal law. To investigate violations of Federal law and prosecute those suspected to have violated Federal law with the ultimate goal of uncovering the truth.

(b) Title of leader- The leader of the DoJ will be known as the Attorney General.

(c) Internal Organization- The DoJ will be organized in the following way:

(1) A Bureau of Investigation (BoI), delegated the responsibility to investigate potential violations of Federal law and carry out warrants in cases of potential violation of Federal law.

(2) A Warrant Office, responsible for issuing warrants based on evidence or probable cause in the case of potential violation of Federal law.

(3) A Prosecution service, responsible for using evidence to prosecute suspects.

(4) A Defense Attorney office, responsible for using evidence to defend those accused of violations of Federal law in order to prevent innocents from being convicted.

(5) The Office of the Deputy Attorney General for Managing Charges on Convicts of Predecessor States. This office is responsible for determining if those convicted by predecessor states should continue to being held responsible for their convictions, if so the convict will be given the opportunity to fight the charges in a free and fair trial. This office will also be tasked with pressing charges or dropping charges against those who were awaiting trial in predecessor states. This office will be dissolved when either all cases are appealed, there are no remaining convicts from predecessor states who are being held in prison, or if Congress decides that it should be disbanded. The Deputy Attorney General may be appointed by either the President of the United States of Arabia or the Attorney General, and a vote of approval from the Senate of the United States of Arabia.


Sec 8: Department of Homeland Security (DHS)


(a) Purpose- To protect the people in the homeland when they are in danger. To provide disaster relief and rescue those threatened by disaster. To defend the nation from threats foreign and domestic.

(b) Internal Organization- The DHS will be organized in the following way:

(1) The Seat of Government Security (SGS), responsible for securing the Seat of Government as a whole and protecting: the President, the Vice President, the Cabinet members, the members of Congress, and the Supreme Court Justices. Departments with their own security forces will be primarily responsible for defending their own locations, though SGS will help when necessary.

(2) A Bureau of Natural Disasters (BND), delegated the responsibility to rescue those affected or threatened by natural disasters. If the emergency is contained within a single state then the state government is expected to request aid if it is needed, unless it is considered likely that they are unable to do so.

(3) Customs and Border Patrol (CBP), responsible for securing the nation's borders and vetting who and what is coming through in accordance with Federal law. They may hold someone crossing the border in custody for no longer than 24 hours without pressing charges. Rules for quarantine may vary and will be determined by Federal law. CBP has jurisdiction over anywhere within fifty kilometers of an international border or ocean, they are not permitted to operate outside of these limits unless they are in active pursuit or are called into action by law enforcement with jurisdiction.

(4) An Anti-Terrorism Intelligence Service (ATIS), responsible for locating potential terrorist bases, investigating them, using the evidence to acquire a warrant, and sending the warrant to the Elite Guard. ATIS is also responsible for investigating potential terrorists and potential terrorist activity in an attempt to prevent damage to life or property.



Sec 9: Department of Education


(a) Purpose- To provide funding for schools and equipment so as to give the best education possible to prepare children and young adults for useful, viable careers.

(b) Pre-College Schools- The Department of Education will provide funding for pre-college education by means of a voucher system. Vouchers will be redeemable at any school.

(c) College/Trade School- The Department of Education will provide scholarships to students based on merit and/or need. These scholarships will only go towards useful education (education that leads towards a career in healthcare, education, law, engineering, woodworking, metalworking, electrical work, plumbing, machinery, or heavy equipment management.)


Sec 10: Office of the Postmaster General (OPMG)


(a) Summary- The Postmaster General and the staff of the Postmaster General will be responsible for managing the Nation's Postal Service. For the purpose of raising their own revenue the OPMG will sell stamps at a price which can be controlled by Congress. The Federal, State, and Local governments will not be required to purchase stamps in order to send mail. Any excess money raised by the OPMG will go to the Treasury.


Sec 11: The Census Bureau


(a) Summary- The Census Bureau is responsible for enumerating all the people of the nation at a national, state, district, and local level.


Sec 12: The Elections Bureau


(a) Summary- Responsible for carrying out free and fair elections. The Elections Bureau will by default be monitored by a congressionally appointed Inspector General in addition to its own authorities.


Sec 13: The Department of Corrections (DoC)


(a) Purpose- To imprison and care for the Nation's inmates. To run the Nation's Federal Prisons. To inflict the sentences assigned by the Courts to those it assigns them to.

(b) Distribution of Prisoners- Prisons will be divided so as to protect less dangerous inmates from more dangerous inmates. Male and female inmates will be kept in different facilities. Adults and children will also be kept in different facilities. Pregnant prisoners will be transferred to a special prison for pregnant women (pregnant minors will have their own facility) where they will be afforded adequate pre and post natal care as well as birthing services. After a postnatal care period of three days, or more if medically necessary, the prisoner will be transferred to a regular womens' prison (or girls prison) and the child will go into state care.

(c) Prisoner Labor- Convicts found guilty of terrorism, murder, rape, treason, and battery may be sentenced by the Courts to do labor without pay. In this scenario the DoC is responsible for containing and caring for the inmates in their workplace. Workplace assignments for inmates sentenced to labor are to be decided by the DoC which will take contracts from the DoI and others. Prisoners will never be required to work in any area of the sex industry including but not limited to, prostitution (with or without pay), stripping, and pornography. Prisoners will not be worked on Friday, Saturday, or Sunday. Prisoners may not be worked more than 40 hours a week. Prisoners will only be worked if they are deemed able by a competent medical professional. Prisoners may not be conscripted into the Military.