Outright hostility characterizes the relationship between the United States and Iran for the past two decades. Indeed, short of war, no two nations on earth have had more acrimonious dealings during that time. In recent years, the two nations have taken tentative steps towards rapprochement. Nevertheless, the United States and Iran have diametrically opposed views of the world, which is reflected in their respective constitutions. This paper will examine those constitutions, highlighting the major differences and the few similarities, and analyzing the underlying tenets of Iran's Constitution.
The U.S. Constitution contains seven articles, plus 27 amendments. The document creates a tripartite system of government, with three branchesùlegislative, executive, and judicialùholding power. This system of ôchecks and balancesö insures that no branch becomes too powerful and possibly tyrannical. However, the exigencies of modern life and the nebulous definition of executive power mean that the President has become the leader of the American government, though his power is still checked by the other branches (Dallek, p. 126).
The amendments, however, are the heart of the U.S. Constitution; specifically, the first 10 amendments, which are called ôThe Bill of Rights.ö The seven articles grant immense power to the national government, with each branch limiting the power of the other. But who will protect the people from any or all branches of government? Many Americans asked that question in 1789, after the passage of the U.S. Constitution. To remedy that flaw, James Madison drafted the Bill of Rights (Kelly, Harbison & Belz, p. 168).
Without the Bill of Rights, the U.S. Constitution is a fatally flawed document that would not have lasted 20 years, much less 200. Thomas Jefferson, who urged Madison to adopt the Bill of Rights, recognized that majority rule could result in tyranny, and the checks of the Constitution wer...