Iraq's Federalist Papers

OpinionJournal wrote The constitution empowers legislators, not clerics. - 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.

It took us several years; they have done it in several months.

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.

And they may well have seen the problems we have had when a few unelected judges erected a Separation of Church and State that would probably have shocked most of our founding fathers, who never intended for any such separation (it was a phrase in a letter that one founding father wrote).

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.

The same holds true for family law. There has been much American huffing and puffing about a provision that might allow matters such as divorce to be handled by religious courts if individuals so choose. But the same clause begins with a strong affirmation of individual rights, and does not itself rewrite Iraq's current family laws but merely paves the way for a future parliament to do so. No doubt some Iraqis will want to establish the primacy of Shariah law, but they will have to prevail in a diverse parliament and in a society in which women have asserted themselves since the fall of Saddam.

And in a parliament where 25% of the members are women.