Peace Proposal for the Republic of Israel and Palestine

[written July 11, 2010 - November 9, 2010]

Plan of Government for the Distinct Entities of the Region of Palestine

Draft 1

            This plan being presented shall be for the peace and stability of the two countries of Israel and Palestine and for the safety and well-being of the people that inhabit this disputed piece of land.  The new proposed approach that shall supplant the former order of things shall with the consent of both assemblies unite both parties under one government as the Republic of Israel and Palestine.  Both provinces shall be afforded equal footing in the eyes of the union and shall together defend the people of the planned nation from foreign and domestic enemies, protect their sacred rights, liberties, and property, and support their general well-being.

            These are the stipulations in which Israel shall comply: all Israeli troops shall evacuate the territories of West Bank, Gaza Strip, and East Jerusalem and shall relinquish control of them to the Palestinians; the territory of Golan Heights shall be ceded from the Northern District to Palestine; the City of Jerusalem (both East and West Jerusalem) shall be given to the federal government to establish a national seat of government; attacks of any kind against Palestinian territories shall not be tolerated; an attack on Palestine shall constitute military action by both provinces united; a republican provincial form of  government shall be mandatory; and compliance of this proposal shall be compulsory upon ratification.

            These are the stipulations in which Palestine must comply: East Jerusalem shall be given up to the federal government to establish a national seat of government; the Palestine Liberation Organization, Hamas, Fatah, and other Palestinian organizations shall be dissolved with the Palestinian National Authority or other legislative body and the executive authority being the sole power of provincial government; attacks of any kind against Israeli territories shall not be tolerated and no group with terror inclination against Israel or any other province or country shall be supported in any way; an attack on Israel shall constitute military action by both provinces united; a republican provincial form of government shall be mandatory; and compliance of this proposal shall be compulsory upon ratification.

Article 1: The Legislative Branch

Section 1: Parliament

            The federal government shall have a bicameral parliament consisting of the Provincial Senate and the Joint Representative Assembly.  Both houses shall together act as the legislative body for the Republic of Israel and Palestine and shall have the purpose of creating laws for the good of the people. 

Section 2: Provincial Senate

            The Senate shall comprise of six members from each province drawn up into six senatorial districts and one member from the City of Jerusalem.  The six political districts of Israel may each choose a representative for the Senate or new criteria for the six senatorial districts may be established, but every area of the province shall be included in one district without falling under more than one.  Palestine may draw up its six senatorial districts among the three territories, but shall also include every area in only one district.  Each Senator shall have been a citizen of the Republic of Israel and Palestine for at least four years, be a minimum of thirty years of age, and be elected for a four year term by direct, popular vote of the people.  Upon vacancies in the Senate or when a member becomes deceased or unable to perform his or her duties, the Knesset and the Palestinian National Authority may choose temporary representatives for their respective provinces; but in case of the latter, a special election shall be held as soon as possible for the district in which that member is a representative and the winning candidate shall replace the temporary representative until the following scheduled election.  The president shall vote only upon reaching a draw in the Senate (this can only occur when an odd number of vacancies are not filled).

Section 3: Joint Representative Assembly

            The Assembly shall consist of members representing various districts decided by both provinces.  There shall be one representative for every approximately two hundred thousand people and an assembly district may include areas of both Israel and Palestine (it is preferable if assembly districts include citizens of both provinces in order to better unite the two peoples).  Each representative shall have been a citizen of the Republic of Israel and Palestine for at least four years, be a minimum of thirty years of age, and be elected for a two year term by direct, popular vote of the people.  Upon vacancies in the Assembly or when a member becomes deceased or unable to perform his or her duties, the Knesset and the Palestinian National Authority may choose temporary representatives for their respective provinces; but in case of the latter, a special election shall be held as soon as possible for the district in which that member is a representative and the winning candidate shall replace the temporary representative until the following scheduled election.  When the Assembly shall reach an equal number of votes, the president shall choose.

            Upon ratification of this proposal, the Knesset and the Palestinian National Authority shall select a small committee with an equal number of people chosen from each assembly to conduct a census and map out the districts of the Joint Representative Assembly.  These districts shall be established before elections for any of the positions of the federal government may take place and before this proposal may take effect.  A census shall be taken every ten years to ensure the proper scale of representatives, and if necessary districts may be reconfigured.  The initial number of representatives shall be fifty-eight.

Section 4: Administrative Aspects

            Elections for Parliament shall take place at least two months prior to the first of the year, but specific dates may be established at a later time.  Once this proposal is ratified, the Knesset and the Palestinian National Authority may decide on initial elections and may prescribe their own dates for their provinces.  The senators and representatives shall assume their duties on the first day of the year and resume such until the last day of the year of their term, unless expelled by a two-thirds vote of their respective house.  The elections for both houses shall be for the individual candidates and not for political parties.  Each member of Parliament shall take an oath of allegiance to the people of the Republic of Israel and Palestine and to this proposal prior to assuming office. 

            Parliament shall convene at least one time every three months and both houses shall be present during that time.  These meetings shall take place in the seat of government (Jerusalem) and Parliament shall record and publish their activities from each one including the votes of each member. 

            Each house may decide on its own arrangements and implementation of the former two paragraphs as well as this one, discipline its members for violations of them and for the law, and shall ascertain the qualifications of its members.  Senators and representatives shall not hold any other public office of the Republic of Israel and Palestine during his or her term.  They shall also receive compensation for their duties and shall be exempt from arrest during their meetings and travel to and from the same. 

Section 5: Procedures of Parliament

            Proposals for laws may be initiated by either the prime minister or any member of Parliament.  Once written, the bill shall be presented to the house in which it originated for a vote, and if it shall pass that house it shall be brought to the other for a similar approach.  If the bill shall pass the latter house, it shall be sent to the prime minister for approval.  If the prime minister authorizes it, it shall become law, but if he or she disapproves it shall be brought back to the house originally presenting it for a revote along with a letter of reasons for the rejection.  It shall take a two-thirds vote in both houses to override the prime minister’s decision, but if it is reversed, it shall become a law.  If the prime minister does not make a decision on the bill when it is brought to him or her within one week, it shall become law. 

Section 6: Parliamentary Powers

            All powers and decisions of Parliament shall be presented as a bill and follow the above legislative procedures.  Parliament shall not abuse its authority in order to create powers not provided in this proposal.  Parliament may: 

1.         create laws that are essential to implement the subsequent powers that are not restricted in this plan;

2.         collect excise taxes, sales taxes, tariffs, and other such taxes provided they are equal across the provinces and are indirect in nature, and are used for the defense, payment of debts, and implementation of the subsequent powers specifically;

3.         standardize trade among the provinces and foreign countries;

4.         create rules for naturalization;

5.         establish a system of currency uniform to the provinces not regulated by an independent bank or institution and backed by gold, silver, and/or other precious metals, and penalize the counterfeiting of such currency;

6.         establish roads/highways connecting territories of different provinces using pre-existing roads with the provinces consenting to the whereabouts of the connections;

7.         create copyright/patent rules;

8.         punish treason, terrorist attacks, piracy, and illegal immigration occurring inside the provinces or against citizens outside the provinces;

9.         declare war, create rules for prisoners of war, and grant letters of marque and reprisal;

10.       create and maintain an armed forces consisting of an army, navy, and air force, and create rules governing them;

11.       call up and regulate the militaries of the provinces in time of invasion to assist the federal armed forces;

12.       purchase pre-existing military bases and facilities from the provinces or purchase land from them to construct new ones, and have authority over these bases and facilities; and

13.  impeach the president, prime minister, Supreme Court judges, and other federal officials by a two-thirds majority in both houses for abusing his or her power within the confines of this proposal; committing treason, murder, and other severe crimes; and for going against the best interest of the people of the Republic of Israel and Palestine and federal and local governments.

Section 7: Limits on Parliament

Parliament shall be limited to the above powers and those given to it in this proposal.  They shall only spend money that they create through accommodations made by law and shall produce public, written statements of the spending and debt of the nation every three months during its regular meetings; not have partiality of the airports, seaports, etc. or trade of one province over another to include taxation; and not allow any of its members to accept a position of official title or office of another country or province.  In addition, Parliament shall declare war when one or both provinces is/are attacked and assemble its armed forces for use by the prime minister (the prime minister may use the armed forces for such an attack without Parliamentary approval if Parliament is unable to assemble quickly enough; but Parliament shall assemble as quickly as possible even after the prime minister’s mobilization to discuss the appropriate steps for the war). 

Article 2: The Executive Branch

Section 1: The Prime Minister and the President

The federal government shall have a prime minister acting as the executive and federative powers with a president as the main advisor to the prime minister, tie-breaker in Parliament, and appointer of the prime minister.  The purpose of the prime minister shall be to put into execution the laws created by Parliament and to use the power of prerogative when required to act for the safety and well-being of the people.

Section 2: Election of the President and the Prime Minister

            People who decide to run for president/prime minister of the Republic of Israel and Palestine shall contact the executive head of his or her respective province who shall in turn submit all the names of the candidates to the respective legislature.  Each provincial legislature shall vote in accordance with provincial rules to chose up to three nominees.  People seeking the presidency from the City of Jerusalem shall appeal to either or both provinces to be selected.  The incumbent president shall also appeal to either or both provinces to be selected as one of the nominees and be considered for a second term.  The executive of the provinces shall then contact the current president of the Republic of Israel and Palestine, the prime minister, and Parliament simultaneously in order to provide its three nominees.  The current president shall present the nominees to both houses of Parliament for a vote and then the names of the winners of both houses shall be brought back to Parliament for a second vote.  If the same candidate wins both houses initially, his or her name shall only have to be brought back to Parliament for confirmation.  If there is a tie in one house for the same candidate, the current president shall decide.  Once the names have been brought to both houses for the second vote, a candidate shall need two-thirds of the total votes to win (both houses will vote separately but the votes will count together as one election; if there is only one candidate, the houses will vote yes or no and the same two-thirds rule shall apply).  If neither candidate nor a sole candidate receives a two-thirds majority, the Knesset and the Palestinian National Authority shall decide by simple majority with the legislature of the City of Jerusalem acting as the tie-breaker.  Upon ratification of this proposal, the presidents of Israel and Palestine shall cooperate together to present the nominees to the newly elected Parliament in order for the latter to vote on a federal president. 

            The newly elected president shall chose a nominee for prime minister from the list of five remaining names of the initial Parliament election for president after reviewing their histories for competency.  Once one of the five is chosen, his or her name shall be passed to Parliament for confirmation.  Confirmation shall take place by both houses on the same day at the same time and will require a two-thirds majority to approve the nominee.  If the nominee is approved, he or she shall become prime minister; but if he or she is not confirmed, the president shall choose a second nominee out of the remaining four to be confirmed.  If the second nominee fails to get the two-thirds majority, a third nominee shall be chosen out of the remaining three to be confirmed.  If the third nominee is not confirmed by Parliament, the Knesset and the Palestinian National Authority shall vote for the remaining two candidates and the winner of the total number of votes of both legislatures combined shall become prime minister.  If there is a tie, the legislature of the City of Jerusalem shall choose one of the two.

Section 3: Administrative Aspects

            Both the president and prime minister shall have been born in the Republic of Israel and Palestine as a citizen and have lived in the same for at least half of his or her life; and shall be at least forty years of age upon assuming the position.  The terms for both offices shall be five years and no president or prime minister shall exceed two terms.  Neither the president nor prime minister shall hold any other title or office of another country or province or any other official position of the federal government, and both shall be given compensation for their duties.             Elections for president shall take place at least two months prior to the first day of the year and take place in both houses of Parliament on the same day and time.  The confirmation (second vote) shall also take place at least two months prior to the first day of the year and by both houses simultaneously.  If the election is brought to the provincial legislatures, the winner shall be chosen no later than one month prior to the first day of the year.  The president shall assume office and take an oath of allegiance to the people of the Republic of Israel and Palestine and this proposal on the first day of the year, and shall also appoint his or her first nominee for prime minister.  Parliament shall vote on whether to confirm the nominee on the second day of the year.  If the nominee is not approved, the above procedures shall be implemented and the prime minister shall be chosen by no later than the fifteenth day of the year.  On the day the prime minister is chosen, he or she shall assume office and take an oath of allegiance to the people of the Republic of Israel and Palestine and this proposal.  The president shall hold his or her position from the first day of the year of the term he or she was elected until the last day of the fifth year.  The prime minister shall hold his or her position from the day he or she is approved by Parliament or the provincial legislatures until the day the new prime minister assumes the position five years later (sometime between the second and fifteenth days of the first month of the first year until the second to fifteenth day of the first month of the sixth year).

            The prime minister shall at least once per year make a live televised speech in Parliament highlighting the topics which he or she thinks is important for the upcoming year, giving a list of things he or she wishes Parliament to consider, and making an address to the people informing them of the future aims of the federal government. 

            If the prime minister becomes deceased, impeached, or unable to perform his or her duties, the president shall become acting prime minister until a new prime minister is appointed or the prime minister is able to resume his or her duties.  In case of death or impeachment, the president/acting prime minister shall choose one of the names from the original list for president and Parliament shall vote to confirm that nominee.  If that nominee receives a two-thirds majority, he or she shall become the new prime minister while the president/acting prime minister shall go back to fulfilling the presidency.  If that nominee fails to be confirmed, the president/acting prime minister shall draw forth one of the other names from the list to be confirmed.  If that nominee fails to get a two-thirds majority, a third nominee will be chosen and confirmed by Parliament.  If the third nominee is not confirmed, the Knesset and the Palestinian National Authority shall choose out of the remaining names on the list.  If there is a tie or an unclear winner, the legislature of the City of Jerusalem shall decide.  The new prime minister shall assume his or her duty upon confirmation by Parliament and taking the same oath the previous prime minister took, and shall remain in this position until the end of the five year term of the previous prime minister.  If the prime minister was temporarily unable to perform his or her duties, he or she shall resume the position upon appropriate competency.  This partial term shall not count as one of the two terms for being prime minister.

            If the president becomes deceased, impeached, or unable to perform his or her duties, the prime minister shall appoint a nominee from the original list for president and Parliament shall vote to confirm that nominee.   If that nominee receives a two-thirds majority, he or she shall become the new president.  If that nominee fails to be confirmed, the prime minister shall draw forth one of the other names from the list to be confirmed.  If that nominee fails to get a two-thirds majority, a third nominee will be chosen and confirmed by Parliament.  If the third nominee is not confirmed, the Knesset and the Palestinian National Authority shall choose out of the remaining names on the list.  If there is a tie or an unclear winner, the legislature of the City of Jerusalem shall decide.  The new president shall assume his or her duty upon confirmation and taking the same oath the previous president took, and shall remain in this position until the end of the five year term of the previous president or until the previous president is able to resume the office.  This partial term shall not count as one of the two terms for being president.

            If both the president and prime minister become deceased or unable to perform their duties, Parliament shall appoint two people to fulfill those positions in a manner of their choosing, but the members shall be confirmed by a two-thirds majority of both houses of Parliament.  In this case, Parliamentary procedures shall cease until both positions are filled and the executive heads of Israel and Palestine shall jointly act as the executive in cases of dire emergency.

Section 4: Powers of the Prime Minister

            The prime minister shall act as an independent executive and ensure that the laws passed by Parliament are being executed according to the original intention of the bill.  In doing this, he or she shall not violate this proposal or act independent from the will of the people; and shall perform his or her duties for the good of the same.  He or she shall have the power to: 

1.         organize and act as the civilian head of the armed forces (including the provincial militaries in time of invasion) and send them out only when Parliament declares war or creates a punitive policy against a terrorist organization, pirates, or illegal immigrants (the only exception shall be in times of invasion, rebellion, or terrorist attacks when there is no time for Parliament to declare war or issue a punitive statement; and this shall only be executed when such invasion, rebellion, or attack has started and the safety of the nation requires it);

2.         appoint advisors to head departments created by Parliament to aid in research and guidance for the well-being of the people and the nation (these departments shall not in any way be extensive and shall only serve for the purpose of advice and research);

3.         appoint ambassadors to foreign countries and judges of the Supreme Court provided there is a two-thirds majority for the nominee in both houses of Parliament;

4.         visit with foreign officials and ambassadors to discuss policies of both or several countries and to advocate diplomacy to prevent conflicts;

5.         assemble the houses of Parliament when he or she deems it essential to the best and urgent interest of the people (this shall only be used in rare occasions) and may urge Parliament to quickly pass a resolution in times of emergency;

6.         create treaties with foreign countries with a two-thirds majority in both houses of Parliament needed to ratify it; and

7.         pardon individuals for crimes committed against the Republic of Israel and Palestine except for cases of impeachment or expulsion from an office of the federal or provincial governments.

Article 3: The Judicial Branch

Section 1: The Supreme Court

            The federal government shall have a Supreme Court acting as the judicial power to hear cases of national importance and to protect the rights of the citizens. 

Section 2: Administration Aspects

            The prime minister of the Republic of Israel and Palestine shall appoint the members of the Supreme Court with a two-thirds majority confirmation in Parliament; but such individuals shall be at least forty years old; have served as a judge in a lower court, as a lawyer, and/or as a member of Parliament for at least ten years; and have been a citizen of the Republic of Israel and Palestine for the same.  Judges may serve until the age of seventy, or until resignation, death, or impeachment; at which time the president shall appoint another individual as a replacement.  Each judge shall receive compensation for his or her duties. 

            The Supreme Court shall consist of two members of both provinces and a fifth member chosen from the City of Jerusalem.  When the prime minister chooses a new member of the court, he or she shall do so from the same province (counting the City of Jerusalem) in which the previous judge belonged. 

Section 3: Powers of the Supreme Court

            The Supreme Court shall have the subsequent powers to hear cases of national importance of both original and appellate nature but shall be limited to the scope of this proposal.

The cases involving original jurisdiction shall include:

     1.    those pertaining to ambassadors, public ministers, or other federal officials that are not

            members of Parliament, the president, or the prime minister;

     2.    those in which one of the provinces is a party against a citizen(s) of the other province or

            a foreign country or citizen(s), or that province is a party against the other province; and

     3.    those in which the Republic of Israel and Palestine is a party against a citizen(s), one of         the two provinces, or a foreign country or citizen(s).

The cases involving appellate jurisdiction shall include:

     4.    those pertaining to citizens of two different provinces or citizens of the same province;

     5.    those in which a citizen(s) of a province felt one or more of his/her/their rights was/were

            violated by a government policy or law (either federal or local); and

     6.    those in which a province appeals to court over a law/actions by Parliament which it           believes violates this proposal.

            Laws/actions by Parliament shall not be nullified by the Supreme Court; but if the court shall find a violation of this proposal through one of its hearings, it shall assemble both provincial legislatures to vote on whether it does so.  If both provincial legislatures find a violation of this proposal, the law/action shall be nullified.  Appellate jurisdiction shall follow the chain of court and begin at the lowest court possible.  A provincial court shall be the minimum starting point for such cases. 

Article 4: The Provinces

Section 1: Israel and Palestine

            Israel and Palestine being both distinct entities with different people, cultures, and governments shall be granted autonomy within their own right provided they do not violate this proposal or the natural rights of the people.  Both provinces may enact local laws and improve their way of life within the confines of these few articles.

Section 2: Limits on the Provinces

             These are the things in which the provinces shall abide:

     1.   They shall not infringe on the inalienable rights of the people, the ensuing list of rights

            stated in Article 5, or any laws created by Parliament.

     2.    They shall not take away any of the people’s liberties or their properties without due

            process of law and shall grant everyone within its boundaries equality under its laws.

     3.    They shall not join or initiate any type of treaty, alliance, coalition, union, etc. with any

            foreign country, state, province, group, etc. and shall not be part of any conspiracy to

            bring down the federal government or the other province.

     4.    They shall not deploy, dispatch, ship, etc. their provincial militaries anywhere outside the

            province and shall not utilize them in any way except for training purposes, when called

            up by the federal government, or when actually attacked to defend its borders (riots and

            rebellions shall be quelled by district or municipal law enforcement unless such an event

            is so grave that action by the provincial military is necessary).  This shall also include

            letters of marque and reprisal.

     5.    They shall abide by the currency created by Parliament but may use their own provincial

            currency for local business and transactions.  For the purposes of taxation, trade with the

            opposite province or foreign country, or anything taking place with the federal

            government, the national currency shall be applied.

     6.    They shall not lay taxes on imports or exports that are intended for use by the federal             government, but may trade with foreign countries for the purpose of local commerce and

            may place taxes on such imports and exports.

     7.    If a person who commits a crime in one province flees for the other, the latter province

            shall transfer custody of that person to the former province upon request of the executive

            power of that province.

     8.   They shall sustain a form of government that is of republican nature; and shall only use as

            much power as they shall deem necessary for the good of the people.

Section 3: Powers of the Provinces

            Anything not stated as a power to the federal government or limited to the provinces by this proposal shall be granted to the provinces, or as delegated to the districts, sub districts, municipalities, or the people.

Section 4: Protection from Unconstitutional Laws/Actions

            If the legislature of one province in casting a vote decides that a law/action passed by Parliament violates this proposal or the rights of the people, the other province shall also have their legislature cast a vote on the subject.  If the latter province shall find a violation of this proposal or the rights of the people as well, the law/action shall be nullified. 

Article 5: Guaranteed Rights of the People

            These are the rights of the people that the federal government shall respect and not violate, however, other privileges may be added by law.  The list of rights is as followed:

    1. All immunities and privileges granted by Parliament for the citizens shall be uniform across the provinces.  All citizens shall be afforded equal protection of all these privileges and all  Parliamentary laws. 

    2. The right of life, liberty, and property of the people shall not taken without due process of law.

    3. No person shall in any way be held in a state of slavery, servitude, bondage, etc.

    4. Every person shall have the freedom of speech regardless of the nature, intent, and delivery of the message.  This shall include the press, books, newspapers, radio, internet, television, etc. 

    5. Every person shall have the right to protest, assemble, and petition the government in cases where the people feel the government should act pursuant to their needs and wants or any other case of discomfort or disagreement.

    6. Every person shall be free to worship or exercise any form of religion he or she wishes, and shall not be prohibited or limited from such activities.  No religion shall be made mandatory in either province or the City of Jerusalem nor shall a person or group of one religion be given privileges over a person or group of another.  A national religion shall not be established. 

    7. The right to bear arms shall be observed in order for self-defense from others and abuses by the government.

    8. Private land, houses, buildings, etc. shall not be taken except upon consent of the person or people of that property with recompense. 

    9. The property of the people to include: their person, houses, personal items, vehicles, internet searches, personal information, etc. shall not be searched or seized without a warrant administered by a judge or competent designated representative where there is a reasonable and genuine cause for apprehending or detaining the individual or individuals.  The warrant shall explain the nature of the crime, the place, person, or thing to be searched or seized; and it shall only be for the crime described on the warrant. 

    10. All crimes, including criminal accusations, war crimes, treason, serious offenses, etc. shall be tried by an impartial jury in the province or district where the crime took place.  Such a trial shall occur quickly and shall consist of adequate and objective evidence, and no person shall be held in any type of penitentiary or otherwise punished unless convicted in court.  Crimes taking place outside the jurisdiction of the Republic of Israel and Palestine to include cases involving prisoners of war shall be tried in the City of Jerusalem. 

    11. Upon arrest, the suspect shall be informed of the reason for the arrest and shall be given counsel unless declined.  Witnesses may be used for and against the suspect and he or she shall be given the opportunity to procure and confront such witnesses.  The suspect shall not be forced to be a witness against him or herself.  A person shall not be tried or accused of the same crime more than once.

    12. The right of Habeas Corpus shall not be infringed and no punishment shall be excessive or involve any form of torture.  Also bills of attainder shall not be permitted.

    13. Suffrage shall not be denied based on race, ethnic group, gender, religion, etc.

Article 6: Conclusion

            This proposal shall be ratified by the consent of both the Knesset and the Palestinian National Authority according to their own proceedings.

            Upon ratification of this proposal, all the above articles shall take effect at the agreement of the Knesset and the Palestinian National Authority.  Once the census has been made, the Assembly, Senate, president, prime minister, and Supreme Court judges have been chosen, and all other prerequisites have been made, implementation shall begin on the first day of the following year.  The Knesset, Palestinian National Authority, and the executives of both Israel and Palestine shall make sure that transition of this proposal moves smoothly and goes according to plan.

            Once implementation of this proposal begins, everything in it shall be supreme law of the proposed nation.  Anything contradicting it or the newly created laws passed by Parliament shall be dismissed and invalidated.    

            Amendments to this proposal may be presented by the prime minister, Parliament, or one of the provinces.  There shall be a two-thirds majority in both houses of Parliament and both provincial legislatures shall vote in the affirmative for the proposed amendment to be passed and implemented.

Draft 1 written: 11 July 2010-9 November 2010