The Eretz-Ard Political Framework


The United Federation of Israel and Palestine

Constitution and Governance Design:


The Eretz-Ard Political Framework is a proposal to resolve the Israeli Palestinian Conflict by means of a Federal Political model. This solution is meant to provide full equality for both the Jewish and Palestinian people on both individual and collective levels. The key principles are unity of the land and recognition of the connection of both peoples’ historic and cultural ties to the entire land, while providing cultural autonomy for both people within a Federal Political Framework.

The Framework refers to this proposal as “The United Federation of Israel and Palestine” for the purpose of the model. However, the name is not a critical aspect of the proposal. We offer suggested names in both Arabic and Hebrew: Itihad il Muqadas lil Filasteen U’Israil and Ihud Hakodesh l’Israel U’Filasteen, respectively. These are potential examples for the model subject to debate. Within the framework of the proposal any person may refer to the entire country as either Israel or Palestine.

Preamble:

The Jewish and Palestinian people believe that the fundamental principles of justice, equality and peace are the birthright of all humankind; it is our destiny to share these sacred values with all people. We believe that all people can and deserve to have all their hopes and aspirations for themselves, their nation, culture and heritage fulfilled in a fair and equitable way. We must set an example demonstrating how two peoples with different cultures, languages and histories can share one land and one future together as brothers and sisters. For this we embark to establish the United Federation of Israel and Palestine in the land of Israel-Palestine.

We the People of the United Federation of Israel and Palestine, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United Federation of Israel and Palestine.

Article 1 – Structure of the Federation

  1. The United Federation of Israel and Palestine, or the Federation, is a single and united country on all the lands of Israel-Palestine, herein comprising the lands of the former British Mandate of Palestine and the Golan Heights. The future status of the Golan Heights will be resolved in negotiations between the Federation, Syria and Lebanon.  
  2. The people of Israel-Palestine are composed of two National Groups, The Jewish and Palestinian peoples, as well as any legal citizen of the Federation regardless of origin. The Jewish and Palestinian people will both be considered National Collectives that are native and Indigenous to all of Israel-Palestine with all due National Indigenous Rights. These rights include self determination, preservation of culture and all other rights ascribed to them in the Bill of Rights for Israel-Palestine. 
  3. The official languages of the Federation are Hebrew and Arabic.
  4. The Federation is composed of independently ruled subdivisions of the land of Israel-Palestine herein referred to as States. The States will have legislative and judicial powers as laid out in this constitution. Each State will send representatives to the Federal Government elected by the people of that State. The Federal government will be able to pass laws binding on the entire federation so long as they are in accordance with their powers as described in this constitution.
  5. Each National Group will have its own National Council that will be the body of representation for the National Collectives to the Federal and State Governments. These bodies will be elected in accordance to the will of the people of each National Group and in accordance with their traditional cultures.

This constitution will describe the Federation in the form of sixteen states. The State of Jerusalem will contain the united city of Jerusalem which serves as the undivided capital of the Federation and the seat of the Federal Government. The members of the Senate will be elected as representatives from these states. 

The United Federation of Israel and Palestine: States

Blue: 5 Jewish Majority Home States – Current Population Above 80% Jewish

Haifa – Zevulun
Tel Aviv – Dan
Ashdod
Safed – Naftali (may include Golan Heights pending negotiations)
Arava

Green: 5 Palestinian Majority Home States – Current Population Above 80% Palestinian/Arab

Gaza – Qatan
Hebron – Yehuda
Jericho – Jordan Valley
Nablus – Efraim
Jenin – Menashe

Light Green: 2 Palestinian Majority Mixed States – Current Population Above 60% Palestinian/Arab

Nabaot – Shimon
Ramallah – Binyamin

Light Blue: 2 Jewish Majority Mixed States – Current Population Above 60% Jewish

Nazareth – Issachar
Be’er Sheva – Qedar

Yellow: 2 Mixed States – Current population close to 60:40 

Jerusalem – Al Quds (Capital of the Federation) – Current Jewish Majority
Akka – Asher – Current Palestinian Majority

United Federation of Israel and Palestine 3C2

The States will consist of Districts in order to provide representation of each National Group within each State, consequently providing democratic representation by population to the Federal Government. The members of the House of Representatives will be elected as representatives from these Districts. 

The United Federation of Israel and Palestine: Districts

Blue: Jewish Majority Districts

Green: Palestinian Majority Districts

Light Blue: Jewish Majority Mixed Districts

Light Green: Palestinian Majority Mixed Districts

Purple: Druze Majority Districts

Red: Maronite Christian Majority Mixed District

Yellow: Mixed Districts
Mixed Districts have either a mixed population of Jews and Palestinians or have little to no population and can be used to create new mixed areas in the future. 

Districts of United Federation of Israel and Palestine  3C2

Article 2 – the States

  1. The States are sovereign entities to the extent that their sovereignty is not limited by Federal law. Each State will have its own constitution created by the people of that state in accordance with Federal Law. They will have a government consisting of a legislature, an executive, police and courts. The following powers will be exclusively granted to the Federal Government: the armed forces, currency, postal service, telecommunications, immigration into the country as a whole, granting asylum, conducting foreign relations with sovereign states, Federal civil and criminal law, weights and measures, and customs duties as described in this constitution. All other activities are the jurisdiction of the State Governments so long as they do not contradict federal law. 
  2. Each State will have the responsibility for creating its own democratic State Constitution in accordance with federal law, providing for full democratic representation of all legal residents of the State. The Constitution of a State requires the approval of the people of the State and can be revised upon the request of the majority of those eligible to vote in that State.
  3. The State Government will have ownership of all public land in the State in accordance with federal law, be responsible for collecting property taxes and tariffs in the State, be responsible for education, policing, local law enforcement, adjudication of local law and providing basic services to all residents of the State. 
  4. Citizens may only exercise political rights in their state of residence and in no more than one State at a time.
  5. Freedom of movement within and between all states is guaranteed for all citizens and legal residents of the Federation. Immigration into a State for permanent residency will be done as follows with cooperation between the States and the Federal Government.

Article 2.2 – Immigration to a State

  1. Any person who has been a citizen of the Federation for at least five years will be considered a Veteran Citizen. Anyone who was a citizen of the State of Israel, a permanent resident in the State of Israel or a permanent resident of the Palestinian territories prior to the founding of the Federation will also be considered a Verteran citizen. All Veteran Citizens are free to live in any State of the federation of their choosing and receive all due rights immediately. At any time veteran citizens may move to another State and immediately be considered a resident of that State. 
  2. Any person immigrating to the Federation either under the Laws of Return, described as Hoq Il Awda and Aliya in the Bill of Rights for the Federation will be considered a New Immigrant for the term of five years, after which time they will be considered a Veteran Citizen. 
  3. Each State, in agreement with the Federal Government and Federal law, has the authority to control the Immigration to their State of a fair number of New Immigrants from each National Group for a given year. A New Immigrant must register with a State that they wish to reside in in addition to the Federal Government. States may create their own list of criteria for acceptance within the limits of this constitution and Federal law.
  4. A New Immigrant living in one state that wishes to move to another state must apply to immigrate to the state which they wish to move to and will be subject to a similar approval process as any other new immigrant. 
  5. A Home State may limit the number of New Immigrants they accept from each National Group such that their National group may attempt to maintain a significant demographic majority in that State. A Mixed State with a particular majority may limit the number of New Immigrants they accept from each National Group such that their National group may attempt to maintain a minor demographic majority in that State. The Mixed States of Jerusalem-Al Quds and Akka-Asher may limit the number of New Immigrants they accept from each National Group such that they accept a similar number of New Immigrants from each National Group on an annual basis.  
  6. A State may by public referendum of the people of that State in which at least two thirds of the population voting in favor of the motion have the option to remove the regulations of Immigration to a State and thereby allow any New Immigrant to the Federation the right to immediately move to that State and immediately be considered a resident of that State.
  7. These rights may in no way be construed to give the States any power to discriminate in any way against any Veteran Citizen of the Federation or any New Immigrant or Permanent Resident lawfully residing in their State. 

Article 2.3 – Number of States and Territory of the States

  1. The Federation shall protect the existence and territory of the States.
  2. Any change in the number of States requires the consent of the citizens and the governments of the States concerned as well as with the approval of the Federal Government.
  3. The number and boundaries of States shall be arranged and delineated in a manner that preserves an equity of representation between the two National Groups in the Federal Government.  
  4. Any change in territory between States requires the consent of both the governments of the States concerned as well as the approval of the Federal Government in the form of a Federal Decree.

Article 2.4 – Limitations of State Power

  1. No State shall enter into any Treaty, Alliance, or Confederation with a foreign state; declare war or reprisal; coin or print Money; emit Bills of Credit; make anything but gold and silver coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
  2. No State shall, without the Consent of the Federal Government, lay any Taxes or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Taxes, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the Federation; and all such Laws shall be subject to the Revision and Control of the Federal Government.
  3. No State shall, without the Consent of The Federal Government, keep Troops, or machinery of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not allow for delay.

Article 3 – Immigration to the Federation

  1. Immigration law in the Federation will be determined in collaboration between the States and the Federal Government.
  2. The Federal Government will ensure that overall immigration laws allow for the preservation of relative parity between the two National Groups.  
  3. Overall limits on immigration on a yearly basis will be set for persons of each National Group such that a similar number of persons from each National Group will be allowed to immigrate under the Laws of Return, Alliya and Hok Il Awda, each year. 
  4. The Federal Government will regulate the number of immigrants from any origin besides one of the two National Groups on a yearly basis for the purpose of preserving the Self Determination of the National Groups.  
  5. Exceptions to the previous two clauses can be made in extenuating circumstances such as the physical danger or persecution of any group or member of a one of the National Groups in any region of the world without prejudice.  

Article 4 – Legislative Branch of the Federation – The Federal Government

All legislative Powers granted here shall be vested in The Federal Government, the Legislative Branch of which shall consist of a Senate and House of Representatives. The Legislative Branch, in addition to the Judicial and the Executive Branches will comprise the Federal Government.

Article 4.1 – The Senate

  1. The Senate of the Federation shall be composed of four Senators from each State. Senators will be elected by the citizens of the Federation lawfully residing in that State for six year year terms. Each Senator shall have one Vote in the Senate.
  2. The senators shall be assembled following the first election and sorted into three groups. The seats of the Senators of the first group shall be vacated at the end of the second year, of the second group at the end of the fourth Year, and of the third group at the end of the sixth year. This system will result in one third of the Senators being chosen every second Year. If vacancies arise by resignation, or otherwise, during the recess of the legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacancies.
  3. No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been Five Years a Citizen of the Federation or a citizen at the time of the founding of the Federation, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
  4. The Chairman of the Federation shall be President of the Senate, but shall have no Vote, unless they are equally divided.
  5. The Senate shall choose their other Officers, and also an alternative President, in the Absence of the Chairman, or when the Chairman shall exercise the Office of President of the Federation.
  6. The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the Federation is tried, the Chief Justice shall preside: And no Person shall be convicted without the agreement of two thirds of the Members present.
  7. Judgment in Cases of impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the Federation: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Article 4.2 – The House of Representatives

  1. The House of Representatives shall be composed of Members chosen every second Year by the People of each State.
  2. No Person shall be a Representative who shall not have attained to the Age of 25 Years, and been Five Years a Citizen of the Federation or a citizen at the time of the founding of the Federation, and who shall not, when elected, be an Inhabitant of that State in which he was chosen.
  3. Representatives are elected based on electoral districts that are found within a State, the boundaries of these districts will be proposed by the state legislature in accordance with federal law and then confirmed by the Federal Government. 
  4. A Representative will be granted to each state to be elected by the districts and will be granted for every 100,000 people who reside within each State, States will be granted one additional representative for a minimum of 10,000 persons over the number of people in the State that is divisible by 100,000. Each State will receive a minimum of one representative even if they have less than 100,000 persons within their State. These districts will be drawn up in such a way that will give representation to significant minority groups within a State as well as the majority group in that State in relative proportion to its population and status as either a Home or Mixed State. 
  5. The Federal Government at a time of its choosing may choose to set a total and fixed number of House of Representative members for the Federation with support of two thirds of the votes in both the Senate and House of Representatives. After which the distribution of seats in the House of Representatives to the states will be determined by dividing the total population of residents in the Federation by the number of seats in the House of Representatives and this number becomes the new Representative Threshold Number.
  6. If a district has less than 100,000 persons, or less than the Representative Threshold Number of persons, residing within it two or more districts of the same type, either Jewish Majority, Palestinian Majority, Druze Majority or Mixed can vote together to elect a Representative for them. 
  7. If one of the National groups in a State does not have at least 100,000 people or less than the Representative Threshold Number of people in that state then they can have one representative for all of their Districts, either Mixed or otherwise, combined provided that the majority National Group in that state also has at least one Representative as well out of the number of Representatives provided for that State within the laws of this Constitution.
  8. A State can request and recommend a redistricting of the districts within the State at any time subject to approval by the Federal Government. 
  9. The Distribution of the seats in the House of Representatives given to each District within a State will be proposed by the state legislature representing a fair and even distribution of the seats and will be subject to approval by the Federal Government.  
  10. A State may by public referendum of the people of that State in which at least two thirds of the population voting in favor of the motion have the option to vote at large for members of the House of Representatives whereby all Representatives will be elected by popular vote in a statewide election.
  11. In districts with only one representative, if no representative candidate wins a clear majority then a runoff election will be held between the top two candidates. 
  12. When vacancies happen in the Representation from any State, the Executive Authority thereof shall call an Election to fill the Vacancies.
  13. The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.

Article 4.3 – Functioning of the Federal Government

  1. The Times, Places and Manner of holding Elections for Senators and Representatives, shall be determined in each State by the Legislature thereof; but the Federal Government may at any time by Law make or alter such Regulations.
  2. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
  3. Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the agreement of two thirds, expel a Member.
  4. Each House shall keep a record of its Proceedings, and from time to time publish these records and the votes of the Members of either House on any question shall be entered in the Journal.
  5. Neither House, during the Session of Federal Government, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
  6. The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the Federation. 
  7. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
  8. No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the Federation, which shall have been created, or the employee of such an office shall have been and no Person holding any Office of the Federation, shall be a Member of either House during his time in Office.
  9. Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the Federation; If they approve they shall sign it and it will become law, but if not they shall return it, with their Objections to that House in which it shall have originated, who shall enter the Objections at large on their records, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by votes for and against, and the Names of the Persons voting for and against the Bill shall be entered in the records of each House respectively. If any Bill shall not be returned by the President within ten working Days after it shall have been presented to him, the Same shall be a Law.
  10. Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the Federation; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.
  11. The Federal Government, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of at least two thirds of the States, shall call a Convention for proposing Amendments.
  12. Any amendments to this constitution or removal or adjustments to any right in the Bill of Rights for Israel-Palestine will require approval by four fifths of both houses and shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the States, 
  13. Federal laws and generally binding federal decrees must be  submitted to the people for approval or rejection if 250,000 Federation citizens that are entitled to vote, or if five State Governments, so demand.

Article 4.4 – Powers of the Federal Government

  1. The Federal Government shall have Power To lay and collect Taxes, Duties, Fees and Excises, to pay the Debts and provide for the common Defense and general Welfare of the Federation; but all Duties, Taxes and Excises shall be uniform throughout the Federation;
  2. To borrow Money on the credit of the Federation;
  3. To regulate Commerce with foreign Nations, and among the States,
  4. To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the Federation;
  5. To coin Money, regulate the Value thereof, and of foreign currency, and fix the Standard of Weights and Measures;
  6. To provide for the Punishment of counterfeiting the Securities and current currency of the Federation;
  7. To establish Post Offices and postal services;
  8. To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
  9. To constitute Tribunals inferior to the supreme Court;
  10. To define and punish Piracies and Felonies committed on the high Seas and other places and Offenses against the Law of Nations;
  11. To declare War in self defense or defense of an allied country, grant Letters of Reprisal, and make Rules concerning Captures on Land and Water;
  12. To raise and support a unified military for the Federation.
  13. To provide and maintain a Navy and Airforce;
  14. To make Rules for the Government and Regulation of the land and naval Forces;
  15. To suppress Insurrections and repel Invasions;
  16. To make all Laws which shall be necessary and proper for carrying into Execution the Powers vested by this Constitution in the Government of the Federation, or in any Department or Officer thereof
  17. To appoint the members of the Supreme Court and the Justice Minister, who will be chosen by the Senate by a two thirds majority and then be approved by the House of Representatives by two thirds majority and finally subjected to veto power of both the Executive Representatives and of both of the National Councils.  
  18. To appoint the Minister of Immigration and Integration, who will be chosen by the Senate by a two thirds majority and then be approved by the House of Representatives by two thirds majority and finally subjected to veto power of both the Executive Representatives.  
  19. To appoint the Minister of Religious Affairs and Sacred Sites who will be chosen by the Senate by a two thirds majority and then be approved by the House of Representatives by two thirds majority and finally subjected to veto power of both the Executive Representatives. And who will work along with a council of representative from the Regions of the people of Israel-Palestine to safeguard the sanctity of their faiths and sacred sites, especially, but not limited to those sacred sites that are common to the Religions of the both National Groups, including but not limited to the Haram Al Sharif – Temple Mount, The Western wall – Al Buraq, The Maarat Hamakhpelah – al-Haram al-Ibrahimi and Josef’s Tomb – Kabr Yusuf. 

Article 4.5 – Limitations of the Power of the Federal Government

  1. The Privilege of the Writ of Habeas Corpus shall not be suspended, unless in Cases of Rebellion or Invasion and the public Safety may require it.
  2. No law that discriminates against any group, be they a National Group of the Federation, a religion, a gender or any other type of prejudice or ex post facto Law shall be passed.
  3. No Tax or Duty shall be laid on Articles exported from any State.
  4. No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
  5. No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published.
  6. No Title of Nobility shall be granted by the Federation: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Federal Government, accept any present, financial benefit, Office, or Title, of any kind whatsoever, from any foreign State.
  7. No new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Federal Government with four fifths majority in both houses being required for confirmation.

Article 4.6 – Relations between States and the Federal Government

  1. Full access shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Federal Government may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be confirmed
  2. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the Federation.
  3. A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
  4. No Person held in incarceration, house-arrest or community service in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such incarceration, house-arrest or community service, but shall be delivered up on Claim of the State to whom such incarceration, house-arrest or community service may be due.
  5. The Federal Government shall guarantee to every State in the Federation a Democratic Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Article 5 – Prior Debts, National Supremacy and, Oaths of Office

  1. All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the Federation under this Constitution, as under the Laws of the State of Israel or the Palestinian Authority.
  2. This Constitution, and the Laws of the Federation which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the Federation, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
  3. The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the Federation and of the States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the Federation.

Article 6 – Judicial Branch of the Federal Government

Article 6.1 – Courts

  1. The judicial Power of the Federation, shall be vested in one supreme Court, and in such inferior Courts as the Federal Government may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Article 6.2 Judicial Power

  1. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the Federation, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the Federation shall be a Party;—to Controversies between two or more States and between a State and Citizens of another State; —between Citizens of different States, —between Citizens of the same States claiming Lands under Grants of different State, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
  2. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a Stateshall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellateJurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
  3. The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Federal Government may by Law have directed.

Article 6.3 – Treason

  1. Treason against the Federation, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
  2. The Federal Government shall have Power to declare the Punishment of Treason, but no assumptions of Treason shall be passed onto relatives or others, or Forfeiture except during the Life of the Person convicted of Treason.

Article 7 – Executive Branch of the Federal Government – The Executive Representatives

Article 7.1 – The Executive Representatives

  1. The Executive Power shall be vested in The Executive Representatives of the Federal Government, a  President and the Chairman of the United Federation of Israel and Palestine. They shall hold his Office during the Term of four Years, and, they will rotate after two year which one is the President and which one is the Chairman, and be elected, as follows
  2. Each State shall Receive a fair Number of Electoral votes for the Executive Representatives, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Federal Government.
  3. The Citizens of each State by direct Democratic Election shall vote for pairs of President and Chairman that will run together as a combined ticket, together; the Executive Representatives. Their votes will be distributed and reflected into the number of electoral votes that are allotted to their State.  
  4. The election officials appointed by each State Government shall faithfully report the outcomes of the election for the Executive Representatives. And they shall make a List of all the Persons voted for, and of the Number of Votes for each based on the percentage of total votes received for each pair of Executive Representatives, a list which they shall sign and certify, and transmit to the Seat of the Government of the Federation, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, Read out all the Votes, and the Votes shall then be counted. The pair of Executive Representatives having the greatest Number of Votes shall be the elected Pair of Executive Representatives, if such Number be a Majority of the whole Number of Votes; 
  5. And if there are more than one who have such Majority, then the Senate shall immediately choose by Ballot from among these two most highest voted for pairs; one of these for the Pair of Executive Representatives.
  6. And if no Pair has a Majority, then from the three highest on the List of candidates the Senate shall in like Manner choose the pair of Executive Representatives. In every Case, after the Choice of the pair of Executive Representatives, the Persons having the greatest Number of Votes of the Senators shall be the pair of Executive Representatives. But if there should remain two or more who have equal Votes, the Senate shall choose from them by Ballot the pair of Executive Representatives. 
  7. No Person except a natural born Citizen, or a Citizen of the Federation, at the time of the Adoption of this Constitution, or a member of one of the National Groups, shall be eligible to the Office of President or Chairman; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been 13 Years a Resident of the Federation or Israel-Palestine prior to the founding of the Federation.
  8. In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Chairman will become the President and a New Chairman will be appointed by them. 
  9. In Case of the Removal of the Chairman from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the President will appoint a New Chairman.
  10. In the case of the Removal of both the President and the Chairman from Office, or of Their Deaths, Resignations, or Inability to discharge the Powers and Duties of the said Offices, the Speaker of the House will become the President and will appoint a New Chairman.
  11. The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Compensation from the Federation, or any State.
  12. Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:—“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United Federation of Israel and Palestine, and will to the best of my Ability, preserve, protect and defend the Constitution of the United Federation of Israel and Palestine.”
  13. No Person can Serve in either the Office of President or Chairman for more than 8 years, or two terms for a pair of Executive Representatives. 

Article 7.2 Executive Representative Powers

  1. The President shall be Commander in Chief of the Army, Airforce and Navy of the Federation, he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offenses against the Federation, except in Cases of Impeachment.
  2. The President will have the Authority to appoint a Defense Minister, the Finance Minister, the Minister of the Economy, the Minister of Tourism, the Minister of Science and Technology, the Minister of Culture and the Foreign Minister, will consult with them regularly and will have the rights to dismiss any of them and replace them. 
  3. The Chairman will have the Authority to appoint an Interior Minister, The Minister of Public Security, the Health Minister, the Minister of Education, The Minister of Transportation, the Minister of Agriculture, the Minister of Environmental Protection, the Minister of Communications and the Ministry of Construction and Housing, will consult with them regularly and will have the rights to dismiss any of them and replace them.
  4. The President shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, and all other Officers of the Federation, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Federal Government may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
  5. The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session, at which point all the recess appointments made will have to be vetted by the Senate with a two thirds majority required for said person to retain said post. 

Article 7.3 – Reporting to the Federal Government

  1. The President shall from time to time give to the Congress Information of the State of the Federation, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the Federation.

Article 7.4 – Removal from office

  1. The President, the Chairman and all civil Officers of the Federation, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Article 8 – The Bill of Rights for Israel-Palestine

Article 8.1 – Rights of the Individual

  1. The Federal Government shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
  2. The right of the people to 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.
  3. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the military, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
  4. 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, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
  5. Personal security is guaranteed by the constitution. No one may be arrested, searched, detained, or restricted in his freedom in any way except by a judicial order applying the provisions of the law. The law shall define the conditions of provisional detention.
  6. The accused my not be subject to any coercion or torture. The accused must be treated as innocent until his guilt has been proven in a fair trial granting him the guarantees of self-defense and the assistance of an attorney.
  7. Capital punishment shall be banned.
  8. A convict deprived of his freedom must be treated humanely and appropriately.
  9. There shall be neither crime nor punishment except as stipulated by law. There shall be no punishment except for deeds committed after a law comes into effect. In non-criminal matters, it may be stipulated otherwise in a law that is approved by a majority of all the members of the Legislative Branch.
  10. Punishment is individual; collective punishment is forbidden
  11. In suits at common law, where the value in controversy shall exceed 1,000 Shekels, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the Federation.
  12. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
  13. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
  14. The powers not delegated to the Federation by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
  15. Natural resources in Israel-Palestine are the property of the people of Israel-Palestine. They shall exercise their sovereignty over them and do not permit their monopolization. Their exploitation shall be governed by law.
  16. The economic order in Israel-Palestine shall be established on the basis of free market principles. The law shall regulate its supervision in order to protect free economic activity and to preserve the rights of groups in need of care. The state may establish public companies regulated by law.
  17. The state shall strive to realize the social, economic, and cultural development of the people on the basis of social justice.
  18. A clean and sustainable environment is a human right. It shall be a societal and official responsibility to preserve and protect the environment for present and future generations.
  19. The people shall be equal before the law. They shall enjoy rights and incur duties equally without discrimination for any cause except those constitutionally legitimated
  20. Citizenship in the Federation is secure and permanent for any citizen. It is transmitted from parent to child. It endures and is not canceled by the passage of time. The law shall determine the ways of gaining and losing it and the rights and duties of multinational citizens.
  21. The constitution guarantees the civil, political, social, cultural, and economic rights and freedoms of all citizens, which they enjoy on the basis of equality and equal opportunity.
  22. Human rights and basic freedoms according to international laws, charters, and treaties that become part of domestic law are binding and must be respected.
  23. Every person has the right to life and to the protection of his rights, freedoms, and well being in accordance with the provisions of the constitution, the laws issued in application thereof, and the principles of justice.
  24. Life shall not be subject to scientific or medical experimentation. No one shall be subject to medical treatment without his consent. Exceptional circumstances shall be regulated by law. Organ transplants and other innovations of scientific progress for legitimate humanitarian purposes shall be regulated by law.
  25. People have the right of protection from injury, harsh treatment, and subjugation to torture or inhumane and undignified punishment.
  26. The constitution guarantees to every citizen freedom of movement within the state, abroad, and returning to it.
  27. No citizens may be extradited for political crimes and no political refugee may be extradited.
  28. No person may be deprived of legal competence, citizenship, or reputation for political reasons.
  29. The freedom to practice religion and arrive to places of worship shall be guaranteed insofar as it does not disturb the public order or defame the religions of the People of Israel-Palestine
  30. Residences shall be inviolable. Search and entry shall not be permitted except according to judicial order given for cause, during the day, and in accordance with the provisions of law.
  31. Freedom of thought and expression, in speech or writing or other means, shall be guaranteed. The law shall regulate it to guarantee the equal respect for the rights of others.
  32. Freedom of the press, printing, publishing, and media shall be protected by the constitution. It is not permitted to suspend them except by judicial decision in application of the law. It is not permitted to subject them to censorship. The law regulating these shall guarantee their integrity, the expression of different opinions, encourage scientific, artistic, and literary creativity, and guarantee the freedom of academic opinion.
  33. The constitution shall protect the confidentiality and freedom of correspondence and communication. They may not be infringed except in circumstances defined by law.
  34. Public property shall be regulated by law in order to protect it and so that it serves the interest of the people. Private property is protected. It shall be disposed of in a matter that does not conflict with the public interest. It may not be seized or appropriated except for the public benefit, by virtue of law, and in return for just compensation. It may not be confiscated except by judicial decision. Public confiscation of the right of ownership shall be forbidden.
  35. The state shall protect the private economic activity of individuals in order to realize economic growth and social justice.
  36. Each citizen has the right to work. The constitution shall guarantee the freedom to form work-related associations.
  37. Slave labor shall be prohibited. The law shall regulate compulsory labor in cases of executing judicial decisions.
  38. The right to protest and strike shall be exercised in a way that does not violate the law. Strikes are forbidden in the army and policy sectors. The law shall regulate the relations of work in order to guarantee justice for all parties and provide for the protection and security of workers.
  39. Every citizen has equal right to public positions on the basis of merit and aptitude, in accordance with the law regulating public employment.
  40. The Federation shall guarantee social insurance services, pensions for the disabled and aged, care for orphans, and care for those wounded and injured. This shall be done to guarantee them training, education, and health and social insurance.
  41. The Federation shall guarantee health insurance as an individual right and a public interest. It shall guarantee basic health care for those financially unable.
  42. Education has freedom provided it does not disturb the public order and decency or offend the religions of Israel-Palestine. It is a right of every citizen and is supervised by the state. The state shall guarantee education until the secondary level. It is compulsory until the end of the tenth grade.
  43. Private education has freedom provided it does not violate the public order and public decency or offend the religions and cultures of the people. The law shall regulate the supervision of the state over its organization and curricula.
  44. The state shall provide assistance to students who are financially unable. It shall support the outstanding.
  45. The constitution shall protect the independence of institutions with scientific goals and universities in a manner defined by law in order to guarantee the freedom of scientific research and encourage it.
  46. The state and the society shall protect motherhood and childhood. The rights of the child, the mother, and the family shall be regulated by law.
  47. Men and women have equal rights. The law shall ensure their equality, both in law and in practice, most particularly in the family, in education, and in the workplace. Men and women have the right to equal pay for work of equal value.
  48.  The law shall provide for the elimination of inequalities that affect persons with disabilities.
  49. Children and young people have the right to the special protection of their integrity and to the encouragement of their development. They may personally exercise their rights to the extent that their power of judgment allows.
  50. Every person has the right to privacy in their private and family life and in their home, and in relation to their mail and telecommunications. Every person has the right to be protected against the misuse of their personal data.
  51. The right to marry and to have a family is guaranteed.
  52. Freedom of religion and conscience is guaranteed. Every person has the right to choose freely their religion or their philosophical convictions, and to profess them alone or in community with others. Every person has the right to join or to belong to a religious community, and to follow religious teachings. No person may be forced to join or belong to a religious community, to participate in a religious act, or to follow religious teachings.
  53. Freedom of expression and of information is guaranteed. Every person has the right freely to form, express, and impart their opinions. Every person has the right freely to receive information to gather it from generally accessible sources and to disseminate it.
  54. Freedom of the press, radio and television and of other forms of dissemination of features and information by means of public telecommunications is guaranteed. Censorship is prohibited. The protection of sources is guaranteed.
  55. The freedom to use any language is guaranteed.
  56. Each citizen has public, civil, and political rights and freedoms, which shall be guaranteed by the constitution and regulated by law. Specifically, he has the following rights: Direct participation in political life.The right to election and nomination in representation of the people. The right to contribute to political activities, form or join a political party, adopt the platform of a legally established party, idea, or political choices and support them peacefully. The freedom to gather and demonstrate with others peacefully and without weapons. The freedom to form public associations according to the legal procedures. The right to present petitions and complaints.
  57. The suspension of any right or freedom among the rights and freedoms is not permitted in any circumstance. The law shall regulate the rights and freedoms that may be restricted temporarily in exceptional circumstances.
  58. Any violation of the basic rights and freedoms of the individual guaranteed by the constitution shall be a crime for which the resulting civil and criminal lawsuits shall have no statute of limitations.

Article 8.2 – Collective rights for the National Groups – National Indigenous Rights

  1. The National Indigenous Rights are the rights afforded to the Jewish and Palestinian people in all the land of Israel-Palestine by virtue of their historic, ancestral, cultural and religious ties to the land of Israel-Palestine, the Federation will do all in its power under to the law to see these rights protected and the aspirations of both National Groups are fulfilled in a just manner, these rights include the following:   
  2. The right of the National Groups, the Jewish and Palestinian people, to return to the homeland of Israel-Palestine is sacred and eternal and is to be actualized by the Federation as a top priority in accordance with the law. These rights will be known as Hoq Il Awda and Aliya respectively. 
  3. The National Groups have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
  4. The National Groups, in exercising their right to self-determination, have the right to autonomy or self-government via their National Councils in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.
  5. The National Groups have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, in the political, economic, social and cultural life of the State
  6. The National Groups have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group or forcibly removing them from their lands and territories.
  7. The National Groups and individuals have the right not to be subjected to forced assimilation or destruction of their culture.
  8. The National Groups have the right to practice and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archeological and historical sites, artifacts, designs, ceremonies, technologies and visual and performing arts and literature.
  9. The National Groups have the right to manifest, practice, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains.
  10. The National Groups have the right to revitalize, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own names for communities, places and persons.
  11. The National Groups have the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning.
  12. The Federation shall, in conjunction with The National Groups, take effective measures, in order for individuals, particularly children, including those living outside their communities, to have access, when possible, to an education in their own culture and provided in their own language.
  13. The National Groups have the right to the dignity and diversity of their cultures, traditions, histories and aspirations which shall be appropriately reflected in education and public information.
  14. The Federation shall take effective measures, in consultation and cooperation with the National Groups concerned, to combat prejudice and eliminate discrimination and to promote tolerance, understanding and good relations among the National Groups and all other segments of society.
  15. The National Groups have the right to establish their own media in their own languages and to have access to all forms of non-indigenous media without discrimination.
  16. The Federation shall take effective measures to ensure that government-owned media duly reflect the cultural diversity of the National Groups. And without prejudice to ensuring full freedom of expression, they should encourage privately owned media to adequately reflect cultural diversity.
  17. The National Groups have the right to participate in decision-making in matters which would affect their rights, through the States or other representatives chosen by themselves in accordance with the law, as well as to maintain and develop their own unique decision-making institutions.
  18. The Federation shall consult and cooperate in good faith with the National Groups concerned through the States or through their own representative institutions and National Councils in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.
  19. The National Groups have the right to maintain and develop their social systems or institutions and to engage freely in all their traditional activities.
  20. The National Groups have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.
  21. National groups have the right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired, in accordance with the law of the Federation. 
  22. The Federation shall establish and implement, in conjunction with the National Groups, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples’ laws, traditions, customs and land tenure systems, to recognize and adjudicate the rights of National Groups pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. 
  23. The National Groups in cooperation with the Federation have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources  or of monetary compensation or other appropriate redress in accordance with the law.
  24. The National Groups have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.
  25. The National Groups have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources in accordance with the law. 
  26. The Federation shall consult and cooperate in good faith with the National Groups concerned through their States or other representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources.
  27. The National Groups have the right to determine their own identity or membership in accordance with their customs and traditions.
  28. The National Groups have the right to determine the structures and to select the membership of their institutions in accordance with their own procedures.
  29. The National Groups have the right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with the law and international human rights standards.
  30. The National Groups have the right to determine the responsibilities of individuals to their communities.
  31. The National Groups, whose members span the globe, divided by international borders, have the right to maintain and develop contacts, relations and cooperation, including activities for spiritual, cultural, political, economic and social purposes, with their own members as well as other peoples across borders.
  32. The Federation, in consultation and cooperation with the Jewish and Palestinian peoples and their National Councils, shall take effective measures to facilitate the exercise and ensure the implementation of all of these rights.
  33. Should the National Council of either the Jewish or Palestinian people determine that any Federal Law passed violates their individual or Collective Rights they may request this law to be redressed by the Supreme Court of the Federation.

For more information please contact Rafi Gassel, rtgassel@hotmail.com