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Constitutionalism Abroad: How Do We Actually Do This?

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Thanks for the invitation to take part in this exchange. I've enjoyed reading the posts and the comments from TPMCafe's readers so far, and I wanted to offer my two cents.

Michael Signer's book is a worth the read for those interested in how to take political theory and relevant examples from history and apply them today's policy challenges. As I saw Michael develop his central thesis and ideas when we were colleagues at the Center for American Progress, the one question that I kept circling back to was: Can the United States actually translate these ideals into policy in 2009 and beyond, especially in challenging places like Iraq and Afghanistan?

I'm in favor of promoting democracy, human rights, and constitutionalism around the world, and I spent several years in places like Egypt, the Palestinian territories, and Iraq engaged in democracy promotion efforts, working with groups outside of the government. These experiences left me with a healthy sense of skepticism about how well the United States actually does in promoting these ideals of democracy and constitutionalism. I'm doubtful that the United States, particularly the United States government, is currently capable of doing a good job at this without implementing major reforms and policy shifts in its overall national security infrastructure, as I argued in this recent paper on democracy promotion efforts in the Middle East. This question of efficacy is particularly important at a time of economic crisis at home and reduced credibility globally, but I think it must be overcome if we are going to get to the root of some of the most pressing national security challenges.

Michael notes in his initial post that "America needs to take the values we've learned so well at home about the worth and power of constitutionalism... to the world." He also says that our country's experience with constitutionalism "should provide a lamp to light the way forward." It's a nice ideal, but what does that actually mean for policy? What actions should the United States take?

Michael asks, "How does constitutionalism fit into the debate about where we should go in Afghanistan?" Afghanistan is the national security question of the moment, but our debate over Afghanistan is narrowly focused on U.S. troop levels in that country. I'm glad Michael is raising the question of constitutionalism in the Afghanistan debate - because the issue points to a challenge existing in many divided societies around the world: how do outside actors help fractious and divided societies build the foundational principles to advance stability? Asking the question at least opens up the possibility of a broader debate that goes beyond troop levels.

But raising this question also serves as a reminder that America's recent record on advancing constitutionalism around the world is not strong. Iraq of course is a distorted example, because America's engagement in Iraq began with an unnecessary war based on false premises and bad information. Once the United States was in Iraq, the efforts to promote democracy and constitutionalism were marred by extreme incompetence and mismanagement, as Larry Diamond outlined in his 2005 book, Squandered Victory. U.S. occupation authorities flew in U.S. constitutional scholars from America to try to help Iraq's leaders craft a plan for developing a constitutional framework for a new Iraq, and these efforts in 2004 and 2005 yielded a constitutional process that remains incomplete.

Today, Iraq's political transition has largely stalled, despite small steps forward like last month's provincial elections. As I wrote in a recent Center for American Progress report, Iraq's leaders remain divided over some of the core foundational questions for their country, and the constitutional reform process - which was set into motion more than three years ago - remains stuck. Iraqi Arabs and Kurds in particular are deadlocked in a battle over Kirkuk and other disputed territories that actually received mention in Article 140 of Iraq's constitution. Article 140 outlined the provisions for resolving these disputes, but this part of the constitution was ignored.

The mindless cheerleading about the 2007 surge of U.S. forces to Iraq "working" ignores that the central objective of the surge - that it would help bridge internal political divisions in Iraq - has not been achieved. This objective remains illusive, in large part because of our conceptualization of the Iraq challenge remains overly militarized, one in which if we just did enough training of Iraqi security forces, stability would magically appear. Unfortunately, the overly militarized nature of our debates is infecting how we view Afghanistan.

In these tough cases, the United States can do a much better job that puts these power-sharing and political questions to the forefront - to think outside of the box and look at concepts like constitutionalism as a means to help societies achieve greater order, which is what Michael's book tries to push us to do. His thesis challenges us to think about national security challenges in a different way than we traditionally do - as challenges that require first and foremost unsustainable expenditures on the military, putting more troops on the ground in other countries, and unilateral Predator drone strikes - in our political debates. Unfortunately, the book could do a much better job at pointing to HOW a new administration would advance the democratic and constitutional ideals expressed.

Part of the answer of how we do this better is linked to making a true commitment to reforming our foreign policy, putting our money where our mouth is when it comes to investing in development assistance and diplomacy, moving beyond the sloganeering of "smart power" to make real institutional reforms in our government, and practicing what we preach when it comes to freedom and democracy. It also means listening more carefully to people in other societies and giving them the freedom to fight their political battles on their own.


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I constantly see that government officials and think tank people use “democracy” and “institutionalization” as a magic panacea for everything that ills a developing country like Afghanistan or Iraq. They recite those phrases as if they were brainwashed zombies.

Seriously though, a few weeks ago, I was talking to one accomplished professor and he was lamenting how political science too often no longer has enough depth or theoretical base. I agree.

The continual calls for “democracy” and “institutionalization”, etc. are symptoms of a lack of knowledge and careful analysis of how the political systems and political cultures of developing countries perform. How do their systems and cultures produce what results? What are their traditions that they value and what processes will work to improve widespread wellbeing? Just one simple example of our ignorance is how our imposed “institutions” in Afghanistan and Iraq have essentially become fiefdoms of corrupt and mean warlords. It made them stronger.

I have heard and read repeated reports from Afghanistan that while the country is trying to find some sort of organization after 30 years of war and destruction and after producing the largest number of refugees in the world, their traditional structures and skills succeed while western style models fail miserably.

How many think tank people and Foreign Service people recognize that obvious situation and have a concept that builds upon the indigenous successes?

Bob Spencer

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We don't.

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We have so much work to do restoring the Constitution in AMERICA that we really won't have much time and energy left to try instilling our own values on any other nation.

Thank God for small blessings.

Who would be so ARROGANT as to assume that we have the right to dictate to other nations how they should run their lives?

Appalling.

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Prove to the world that we can actually walk the walk, and that humans' natural rights are not derived from their constitution, but are instead preexistent and preeminent to the formation of the state. We do this by forcing the government back into it chains, and admitting that a human detained under the authority of The United States, who is held as an "unlawful combatant", not protected by the Geneva Convention regarding the treatment of POWs, is being held by the government as a criminal actor, and that US Constitution, Amendment 13, clause 1 clearly applies to them:

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Anyplace in the universe that the United States is able to making a binding determination that a person it holds is an unlawful combatant is transparently also a place that is subject to its jurisdiction, which means that these detainees are in possession of their natural rights to a public tribunal which adhered to due process of law, and determined their guilt, before the government can rightfully strip away their life, liberty and/or property. Our leviathan is not released from its muzzle and leash at the moment it walks without US sovereign territory. Freedom and Justice must be provisioned to all with an equal application, without consideration of citizenry, or it is naught but an arrogant delusory fantasy.

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The main problem with developing a democratic culture is that is takes a large amount of time, and many idealistic Americans may get disappointed with the slowness of the process. Americans liked to believe that the United States started out as democracy, but that was really not the case. There was not universal sufferage until the 1820s, and it took Great Britain nearly until the late nineteenth century for all men to vote. While women in both of these countries could not vote until the nineteen twenties.

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Reading Katulus' answer to his question, I am also forced to say that we should not attempt to promote constitutionalism abroad because we clearly don't know how, and our attempts to do it(Iraq)are not only unlikely to succeed, but our failure is costly to everyone.

A non-military version of promoting constitutional democracy would seek to accelerate what is embedded in a peoples' historical experience. What development assistance furthers a peoples collective awareness of their political culture and structure of governance and thereby creates an impetus for internal change?

It follows logically that the best we may be able to do is provide a model worth emulating. In other words, our task is to be worthy of imitation. We clearly have work to do at home.

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