Friday, May 14, 2010

Prof. Alfred de Grazia - Constitution of the Federation of Israel-Palestine


To rescue the Israeli People from a Garrison State
and the Palestinians from A Victimized Impotent Authority,
converting both...

  • into a federated fully functioning democracy,
  • in which the Palestinian refugees have returned,
  • to a single territory encompassing all of Israel and Palestine,
  • whose Federation will consist of a State of Israel and a State of Palestine,
  • each governing its own freely choosing citizens in respect to certain functions,
  • each State having equal claim to the full land and nation of Israel-Palestine,
  • each State electing its Council of State by the single-member, equally-populous districts by the approval voting system,
  • with both States mutually counseling, reconciling, and determining matters,
  • by means of a Conference Committee,
  • an Advisory Senate,
  • a Supreme Court,
  • a United Nations Temporary Peacekeeping Federal Commission that fades into its indigenous replacement, the Federal Commission,
  • with armed forces operated at first by the State of Israel, and
  • the police forces operated at first by the State of Palestine,
  • and possessing a central bank and common currency,
  • and guaranteeing to every inhabitant a decent minimum subsistence,
  • plus a federal, adequate mental and physical health delivery system for all,
  • plus a universal education system for children and adults,
  • plus the freedom to come and go from Israel-Palestine,
  • plus the right to possess and use personal and business properties,
  • plus the right to belong freely to any accepting religion or belief.

Constitution of the Federation of Israel-Palestine


The people of Israel and Palestine declare that they will share their lands and live as good neighbors for all time. While maintaining their identity as Jews and Muslim so long as they wish to do so, and while granting others among them who wish to believe otherwise the right to do so, they create for their common good this Federation of Israel-Palestine, combining selected forces of the autonomous State of Israel and autonomous State of Palestine.

The same people of Israel and Palestine declare that the following shall be done before 1 May 2002 by the free will of the State of Israel and the Palestine Authority, or else by the concerted demand of the United Nations, the United States of America, the European Union, the Republic of Egypt, the Russian Republic, and the virtual public of the world, by Day 90.

Section I.


A Transfer of Governments Agency is hereby created and its Transfer Officers Designated. The Transfer Officers shall consist of eleven persons, five of whom shall be appointed by a two-thirds majority of the Security Council of the United Nations and three each by the government of the State of Israel and the Palestine Authority.


At its first meeting, said Agency will as its first order of buisness declare this Constitution of the Federation of Israel-Palestine to be from that moment onward the law of the land and people of the Federation.


All laws, rules, and regulations, and all parts and wholes thereof, of the State of Israel and of the Palestine Authoity shall simultaneously take effect under this Constitution, insofar as they are consistent therewith, and, if inconsistent, are thereupon rendered null and void.


All elective and appointive officers of the State of Israel and the Palestinian Authority at the time this Constitution becomes operative will subsequently hold office as individuals and at the discretion of the Transfer of Governments Agency and no one of them will hold office beyond assumption of office by the Councils of State.

Section II.


The TGA (Transfer of Governments Agency) shall provide for the following structures of government of the Federation and the selection of their officers, with their designated powers. The structures consist of the Citizens, the Federal Commission, the Council of the State of Israel, the Council of the State of Palestine, the Joint Conference of the Councils, and the Supreme Court.


All persons born in, exiled from, refugee from, descended of a refugee from, or resident in the territorial limits of the Federation for any two years preceding the virtual adoption of the Constitution are declared to be citizens of one or the other State and of the Federation, provided they are duly naturalized by day 400.


For the first elections of the Federation, the State of citizenship will be determined by a person's prior identity and status as an Israeli or Palestinian. Upon three years' notice, commencing one month following the first elections, any citizen of the Federation can choose to change his citizenship from one State to the other State.


All citizens over 15 years of age will real aloud this Constitution and declare the following pledge before an officer of any public library within one year of the adoption of this Constitution: "I pledge to my fellow citizens of the Federation of Israel-Palestine to support the Constitution of the Federation of Israel-Palestine and the laws of my State consonant therewith."


The same declaration will be made by every citizen upon reaching the age of 15.


Every citizen of the age of 18 and older shall be entitled to vote in the elections of one's State and of the Federation. A voter will permanently be registered as belonging to one or the other State, but may ask for an Israel ballot or a Palestine ballot at the elections of the Councils, which are to be held on the same time at the same places under the supervision of the Federal Commission.


The Federal Commission will consist of eleven Commissioners acting by majority vote on all matters upon which a majority requests a vote. Initially five of the Commissioners will be appointed by a two-thirds vote of the Security Council of the United Nations meeting in Special Session, and three each will be appointed by the Israel and Palestine Councils of State. At the end of three years, the United Nations Commissioners will resign and be replaced by five Commissioners elected at large by the Federal electorate according to the system of approval voting. Thereafter, the term of office of these five elected Commissioners will be for three years, coinciding with the terms of office of the Senate and Councils of State.


The Commissioners will exercise the following duties:

1. To intervene by a court action in any situation in which a State or an individual violates this Constitution by action or inaction, in which event the court's judgement will constitute the directive to all parties involved.

2. To propose by majority vote any bill of legislation that it deems for the public good and to submit this bill to the Councils of the States of Israel and Palestine for their vote of approval or rejection. In the event of a rejection by both Councils, the bill will be voided. In the event the bill is rejected by a single Council, the other Council of State may request of the Commission that the bill be submitted to the people acting on the majority principle, and if then the bill is approved by the people of the Federation it will become law.

3. The Commissioners will belong, as individuals, to the Senate of the Federation.


The Senate of the Federation of Israel-Palestine will consist of the eleven incumbent Commissioners together with twenty members elected by the system of approval voting from single-member, equally-populous, randomly and compactly-drawn, territorial districts of the Federation. The voter may vote for one or as many of the candidates as he would be satisfied to have as his representative. His acceptable candidates receive one vote each. The candidate achieving the greatest total vote is declared elected.

1. The term of office of the Senate shall be three years.
2. The Senate will have the power to veto a law that it finds unacceptable, giving its reasons, whereupon the law must pass once again with a two-thirds vote of the two Councils of State.

The State of Israel and the State of Palestine will each be governed by its Council of State. Each Council will consist of thirty-five members, elected by universal suffrage, from equally populous, randomly and compactly drawn, territorial districts of the Federation.

1. The term of office of the Councils shall be three years.
2. Each Council would legislate for its own constituency, except on matters constitutionally designated here as Federation questions, and approved as such by the Supreme Court. On Federal questions, both Councils must approve the proposed law of the single Council or send the controverted bill to the Joint Conference for reconciliation or other action.

A Joint Conference of the Federation Councils of State, consisting of twelve members, six appointed by each Council and two appointed by the Senate, will exist for the duration of each legislative term.

1. Differing versions of a controverted piece of legislation will pass to the Joint Conference of the Federation Councils, which would then agree upon the final form of the law and duly report all laws agreed upon to the Federal Commission to be registered.
2. The Joint Conference would also appoint by majority vote all judges of courts of general jurisdiction, including the Supreme Court, consisting of seven members, three members of which at least must be citizens of each State.

The armed forces will be under the direction of the Israel Council of State. The armed forces may engage in operations only outside of the Federation and only with the advance approval of the Federation Commission.


The laws of the Federation of Israel-Palestine, as registered and approved by the Supreme Court, will be enforced by a single police agency. The police agency will be under the control of the Palestine Council of State, and will have jurisdiction only within the Federation..


The area popularly referred to as Jerusalem will continue to function as a naturally and unofficially organized cultural region of the Federation. Politically and administratively it will be districted and governed indistinctly under law as portions of the whole of the Federation of Israel-Palestine.
Section III.

The Officers of the Transfer Agency will accomplish the following tasks by stated dates as noted in the Memorandum of Process, but, where impossible of achievement before the institution of the new government structure provided by this Constitution, the responsibility for the completion of the tasks will be an obligation for the government of the Federation of Israel-Palestine:


Conduct of elections for the Federal Commission, the State of Israel and the State of Palestine


Vest all public lands and waters of Israel and Palestine in the Federation of Israel-Palestine.


Publish a temporary list and map of districts throughout the nation, into each of which 100,000 Palestinian refugees can be accommodated, until a total of 3,000,000 accommodations are foreseen. Arrange for the selection and admission and settlement of the first 600,000 within 8 months


Establish a central bank of the Federation with authorization to borrow $100 billions for the development of the Federation in these regards:

1. Provision of pure water for personal consumption equally to every citizen of the Federation

2. Starting of infrastructure improvements throughout the Federation

3. Inauguration of a federal health service for all citizens of the Federation on an equal basis

4. Establishment of a works agency that will provide employment to all who seek it and provide subsistence to those who require it

5. Rehabilitation of existing residential and business structures and construction of new homes and settlements with priorities for those whose properties have been damaged in public disorders and for the returning refugees

6. Issueance of small business loans to persons of low income whose occupational capital has been harmed in the recent public disorders and others who qualify to undertake new businesses

7. Provision of schools and training of teachers for all persons, beginning with the needs of the most deprived and proceeding as far as funds allow

8. Establishment of public transportation services beginning with the areas most deprived and continuing as far as funds allow

9. Compensation to all citizens whose property was destroyed or seized until Day 1 of this constitution

10. Compensation to all persons for every day spent in involuntary exile from May 1, 1948
Section IV.


With whatever help the existing laws can provide, the existing courts shall put into effect immediately as the law of the Federation the Human Rights as defined and elaborated by the World Court.

1. Men and women shall have equal rights in law.
2. All human rights as defined shall take precedence over any conflicting sectarian demands within the Federation.

Any property and site deemed by two or more sects to be sacred to their practice shall be vested in the Federation unless and until the sects concerned shall agree to the terms of its divestiture.


No officer, candidate for office, or organ of the Federation may claim to represent or speak in the name of a divinity, or give prefeential consideration to any group or person of the Federation.


The Federation shall have the right to achieve a multi-media audience for communication and entertainment of the same size as the combined audiences of the States and independent producers.


The two major population components being of fairly equal numbers, the Federation shall seek to maintain this equilibrium.

Section V.


This Constitution may be amended by a two-thirds vote of the Federal Commission followed by the approval of two-thirds of the voters in a special election.


The Federation of Israel-Palestine, as a member of the world community of nations, will seek to strengthen the institutions of world governance, until peace, justice, prosperity, and the pursuit of happiness will be ensured for every person in the world.

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