Beyond the Cusp

January 1, 2017

The Only Way Out of Current Impasse

 

Recognize Gaza as the Palestinian State and annex Judea and Samaria. That is the solution in a nutshell. Simply allow the next attempted coup by Hamas, as allowing it to survive for just short of a week, say five days, as in five days any credible coup will remove the hierarchy of Fatah, decapitating the Palestinian Authority (PA). This would be the start of a bloodbath of fighting with much of the PA Security Forces, the same forces, which though trained by United States General Dayton and his cadre in Jordan, lost to Hamas in Gaza in just under a couple of weeks, resulting in their losing badly again. Any decently planned Hamas coup attempt would likely place one third of the PA Security forces against another third of the PA Security Forces while the remaining third would run to Jordan seeking asylum. The hue and cry from those selfsame United Nations Security Council which just passed a resolution all but demanding that Israel flee back from Judea and Samaria, if not jump straight into the Mediterranean Sea, would be blaming Israel for the Arab on Arab fighting and demanding that Israel dispense sufficient IDF force to save the Arabs from the other Arabs. This is where Israel points out their solving this problem, which will have all the appearances of Syria redux, comes with a price, Judea and Samaria, and that the world had best find someplace for these newly made refugees to be taken in and coddled, perhaps around Turtle Bay in New York.

 

The first step Israel should take when such a scenario of a Hamas coup explodes in Nablus would be to secure Area C and make sure everybody knows Israel is simply following through on providing security and protection for all people residing in Area C as per the Oslo Accords. Israeli leadership could produce numerous copies of the agreement if the world demands so and it will reveal that Area C security, both militarily and politically, falls to Israel and Israel alone while Area A is purely PA security and Area B is shared when necessary. On that note make sure to inform the world that Israel is carefully overseeing the security potential for problems in Area B and if the PA proves not to be up to the task that there are contingencies for the IDF to provide security in Area B as per the Oslo Accords. Israel would need to issue Hamas a stern warning that Israel takes a very dim and critical view of their activities in this coup and as Israel remains powerless to aid the PA, Israel will not allow any actions against Israeli forces, citizens or lands to go unchallenged and no such actions will be ignored. All this in place, Israel should monitor the situation, offer to secure Area B if the PA would so request and otherwise wish the PA well with their electoral problems and pretend they are finally holding those long overdue elections.

 

As the world begins to press Israel about the fighting in Nablus and much of Area A, Israel should simply point out that the world just demanded Israel honor its commitments to the Palestinian people and their government and that is exactly what Israel intends to do. We should invite the United Nations to send peacekeepers if they feel such is required in Area A but warn that once peace is restored that Israel expects to be included in any further governance other than the PA being reinstalled. If Hamas performs anywhere near to their past history, reinstalling the PA would necessitate new leadership and potentially the parties who should have had the power all along, the ruling clans who have lived under dire threat with the PA in charge, would regain their positions. With each town and village ruled by their clan elders things can become manageable and perhaps a peace could be forged. Of course, again, there would be a price for permitting these clans to have some form of autonomy where they could expect to rule without terrorist groups cutting the heads of leadership of the public body, both figuratively and actually. Israel could simply make a deal where the IDF rules the area keeping the boogie men at bay allowing semi-autonomous rule of the Arab enclaves by the local Arab clans with the international and national security provided by Israel. In exchange these clans would permit all of Area C, the Jordan Valley and the overlooking Heights to be annexed by Israel to further facilitate providing complete security for these clan leaders.

 

This ends the claims of from the river to the sea all Jews must be eradicated and in its place implants Arab rule over Arab peoples and room for both to expand and Israeli sovereignty over all of Israel as defined by countless conferences, treaties, articles in charters, white papers and just about every conceivable form of Internationally recognized legal proceedings. These clan leaders will also submit that their education system can be either handled completely by themselves with their curricula supervised to remove any instigation, they could hand the entire responsibility to Israel who would then run the necessary schools within their area for a reasonable fee or the two could collaborate and form a partnership. The final compromise would likely serve well and Israel taking their school system and incorporating it into the regular Israeli system would provide a high level of education and a promising opportunity for these students. The most difficult task will be the deprogramming of those swayed or involved with terrorism and those deepest in its clutches may require a deprogramming followed by an intense reeducation experience required to give them maximum normal education in an extremely abbreviated timeframe.

 

Many will claim that this is completely unfeasible because the PA is too powerful for any inferior Hamas force to contend against. If this is so, then the PA will continue, possibly wounded, but continue and things will only affect Area C which will still be locked down under the demands of the Oslo accords. If the world is going to pretend that the Green Line is the result of the Oslo Accords, then perhaps Israel should act exactly as demanded by the Oslo Accords and secure Area C. Such security would preclude any building by the European Union or any European government or NGO. When we speak of Area C we are speaking of the general areas defined within Area C and not any of the roadways beyond those required for access to and from Israel and Jerusalem. Securing the areas which the Oslo Accords favored Israeli retention of lands, Area C, and offering and potentially securing the shared responsibility and lands where the debate over who owned what was presumed to be negotiated, Area B, Israel will have reinstated the realities of the Oslo Accords. Should the debate by AK-47 in Area A between Hamas and the PA devolve into a Syria-like mire of horrific levels of hell on earth, Israel should offer to protect the areas which the world, especially the Western World, hold dear such as Hevron, Bethlehem, Jericho and other special religious sites which include but are not limited to Joseph’s Tomb, Rachel’s Tomb and all locations within the city of Jerusalem and immediate suburbs (see map below). There would therefore be some alterations but should the PA accept such terms, even after any coup attempt, these could be the final peace. The understanding would be that absolutely no terror activity which could be traced to PA instigation or having received rewards or special recognition by the PA and all such activity would not be tolerated. This must be an absolute sworn to before the world as witness and thus enforceable by both parties. Be assured that Israel does not desire to rule over Arab parties who desire semi-autonomous self-rule. These areas would be given sufficient autonomy to police their own areas, collect taxes, limit entrance if desired, and run their own governmental agencies. The understanding is that the IDF and Israeli security forces would be permitted to operate within these areas in order to combat terror and to secure the lands from outside threats, a duty taken over completely by Israel. Any electricity, water, sewage treatment and other necessary utilities would be provided by Israel if desired but must be paid for as received or face termination of service as would any other customer. As a part of being semi-autonomous such utilities could also be billed as is done in Israel but once again bills must be paid for continued service.

 

Map of Proposal for Peace with Palestinian Authority

Map of Proposal for Peace with Palestinian Authority

 

After any coup destroyed the local governance and after Hamas is defeated, then the Arabs residing in Areas A and B will be granted an opportunity to choose whether they desire local rule by chosen clan leaders or other tribal means, attempted inclusion within Israel after meeting a series of educations and understandings, or a return to rule by the PA or by Hamas. These choices will take place as voted under Israeli and outside observers from the United Nations, European Union and the United States along with other interested parties. Should the majority choose self-rule in semi-autonomous clanship ruled enclaves, then the PA will be dissolved and such governance as chosen will be set by another election held soon thereafter. This would result in a two state solution with Gaza as the second state ruled by Hamas, at least for now. What the lying political appointees and elected officials claiming to favor a two state solution are either making the choice for a three state solution with one under Hamas rule and the other under PA, unless they are admitting that they are already aware that should the PA be granted any form of governance, it would inevitably provide Hamas the high ground overlooking the Israeli center and the major developed lands both industrial and residential after they once again would route the PA in a mano-a-mano fight. Israel cannot and will not allow Hamas such ground with which to destroy the heart of Israel, and as such, Israel will never surrender our holiest sites to further ruin as has been the case with such sites in Syria and already perpetrated on our holiest grounds, the Temple Mount. As difficult as it might be for the world to admit, placing the Palestinian Arab people under clan and tribal rule would improve their lives immeasurably and far improve their opportunities for advancement. It would also remove from their shoulders the yoke of PA leadership’s embezzlement and oppressive and borderline criminal rule and the crony system by which a select few get unfathomably rewarded and the poorest find providing their family with food difficult.

 

What the world has proven through their actions supporting the PA kleptocracy and refusing the Palestinian Arabs honest governance by their own representatives and chosen local leaders in favor of the homicidal maniacs instigating a horrific injustice by instigating terror, is they support the destruction of Israel and the Jewish State even if the Palestinian Arab areas must suffer depravations only exceeded by Syria. This terror war is spreading now beyond Israeli shores into Europe, America, the Middle East, Africa, Asia and virtually every place on earth with the exception, thus far, of Antarctica. France has been heavily struck as has Germany with both nations facing climbing criminal complaints with an unbelievable increase in sexual assaults. These increases can be directly tied to the social shock of attempting to incorporate one culture into an existing older order which one has a differing sense of order and moral behavior while the newer system believes in taking any woman who is not protected by law or criminal enterprise. Their governance has been largely corrupt and could not care less about their rights. In these mixtures, not all lives are created equal and the power appears to rest with the few at the top and the rest make do however they are capable. Such is a poor excuse for governance, especially when one realizes the last held election was approaching past a decade ago and that Abbas has been serving a four year term since 2005. There is no representation of the people or their interests within the PA. The PA operates for the special treatment of the select few and their armed protectors and in return the protectors provide the security in the same manner as the power is distributed. The entirety of the PA is as corrupt as one can imagine and is under the sway of the Iranians. As such it should be viewed with suspicion that they are working towards the destruction of Israel through subversion. Once routed out this time, it will be necessary to keep them out permanently. That is the sole path to peace.

 

Beyond the Cusp 

 

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July 17, 2016

Turkish Coup Second Guessing Begins

 

We will hear any number of theories about the “failed coup” in Turkey. Due to any number of uninteresting and technical points such as why was internet left running and why were not more of group ‘a’ through ‘z’ not neutralized at the onset and others and the reasons why it failed or if it was an Erdogan run rouse to allow him to remove even more opposition, the realities are the same. Anybody known to be at all important in any Mustafa Kemal Ataturk associated group would do well to become invisible and leave Turkey by any means necessary. Recep Tayyip Erdogan will use this coup as his license to remove all opposition especially from the upper officer class making his position safe for the foreseeable future. How far he might take things will depend on how assured he is that he holds absolute majority. Erdogan made sure of that with a second election after invalidating one where he would have required a coalition and thus not absolute power. Now Erdogan can use this coup in order to cement all power in the President, change the Constitution so as to prevent any further coup attempts such that the sitting President must be voted down by a majority of the people in an election where he runs unopposed and as long as he wins over any negative votes, the election would be Erdogan or full elections, then he would remain and no elections would be required. As Erdogan is supported by the Muslim Brotherhood he would easily win such a vote by such an amount he would appear to be their savior. He could even declare himself Caliph and by doing so challenge al-Baghdadi of the Islamic State as in the end there can be only one Caliph, surprise, surprise.

 

We cannot think of any means by which Erdogan could extend his clearing of the senior and mid-level officer corps and possibly even the non-commissioned officer corps of anybody not known to be somebody he knows is reliable thus permitting him at any future point using the military to enforce his views. Say Erdogan was to lose an election. With his current power he could easily claim it to be another insurrection just like the coup and claim deep seated voter manipulation and other irregularities and then have another election six months later after a similar removal of key opponents and viola, a reelected Erdogan. The real question is what can we expect in the coming days and weeks.

 

The elimination of any and all coup plotters is obvious and even if this was crafted by Erdogan and the Muslim Brotherhood, there would still be those officers who willingly signed on to the initial plan and who were betrayed. They will pay dearly. Some of the soldiers who may have simply been obeying the orders of higher ranking officers will also be made an example of. The critical question will be how many media types; bloggers and other civilians from within and outside of the government will face punishment. Bear in mind, for most punishment will be execution or life in prison with few getting lesser punishments. Being charged with being on the wrong side of things will be really, really bad as torture for confessions and other names will likely be part of the investigatory methodology. I would not like to be a blogger within Turkey right now as even my small slights against Erdogan would be sufficient and my support of Israel would be sufficient for suspicions, it may be that deep reaching.

 

Turkey was originally steered away from Islam and more to a secular democratic state with equality by Mustafa Kemal Ataturk, as he saw that as the only path to modernity. Any hope whatsoever of Turkey returning to a true democratic society, with equal rights, what Turkey had been since Ataturk gave her their Constitution, is now lost possibly forever. If there is to be hope for Turkey it now rests with Islam having a reformation, something many Quranic scholars and others who study Islam and the Middle East believe is next to impossible. As the situation now exists, Erdogan will be placing Turkey on the express to Sharia. Once Sharia has been installed in a society elections are meaningless as the old Stalin definition of how to hold elections takes over where it does not matter who votes and for what but matters who counts those votes. Elections in Sharia states, if any hold them; can announce their results three weeks before the people go to the polls to vote. Candidates running against strict Islam will be duly watched and scrutiny in such states almost always leads to prison and death or worse, and there is worse.

 

Anybody who might look to recent events in Egypt and point out that the Muslim Brotherhood President Morsi was overthrown and President Sisi, a brave man who we can only hopes succeeds in his efforts to bring a reformation to Islam allowing it to coexist with other religions and forms of governance, replaced him after a second election in less than a year are hoping against hope. Erdogan has been in power since the early 2000’s and has steadily taken Turkey to the dark side and Sharia. One might ask if I have something against Sharia and the answer is only that it enslaves a population removing all need or ability to question the government as the government is religiously installed by the will of Allah thus questioning the chosen leadership is punishable as is apostasy, death. There is no personal freedom and the Quran becomes the only book to study and the Quran and Hadiths are the beginning and end-all of all knowledge. Any study outside of these requires the approval of an Imam and then can only be pursued so as to serve Allah. Perhaps this is what stirred Winston Churchill to write his scathing commentary on Islam in which he said the following; (The below-quoted passage did appear in The River War when it was first published as a two-volume set in 1899, but the selection was removed when the book was condensed into one volume and republished in 1902.):

 

Churchill gated stride impugning the morning about to tackle the world and all its problems

Churchill gated stride impugning the morning about to tackle the world and all its problems

 

How dreadful are the curses which Mohammedanism lays on its votaries! Besides the fanatical frenzy, which is as dangerous in a man as hydrophobia in a dog, there is this fearful fatalistic apathy. The effects are apparent in many countries, improvident habits, slovenly systems of agriculture, sluggish methods of commerce, and insecurity of property exist wherever the followers of the Prophet rule or.

 

A degraded sensualism deprives this life of its grace and refinement, the next of its dignity and sanctity. The fact that in Mohammedan law every woman must belong to some man as his absolute property, either as a child, a wife, or a concubine, must delay the final extinction of slavery until the faith of Islam has ceased to be a great power among men.

 

Individual Muslims may show splendid qualities, but the influence of the religion paralyses the social development of those who follow it. No stronger retrograde force exists in the world. Far from being moribund, Mohammedanism is a militant and proselytizing faith. It has already spread throughout Central Africa, raising fearless warriors at every step; and were it not that Christianity is sheltered in the strong arms of science, the science against which it had vainly struggled, the civilization of modern Europe might fall, as fell the civilization of ancient Rome.

 

We can only hope and pray that such does not befall Turkey as it has modern cities and a well developed intelligent urban communities. The rural areas of Turkey are less developed and in some locations literally still living as they had hundreds of years past. It is in these rural areas where Islam rules their everyday activities and where Sharia is not an imposition, it is their way. Turkey has a population fairly balanced between these two societies with a slight edge towards the urban communities. The difficulty extends from the strong minority of urban citizens who are first generation and remain firmly attached to their Islamic roots. Had Turkey not had the rise of Erdogan and the regimentation and collective awakening brought on by concerted efforts by the Muslim Brotherhood, within the coming century Turkey would have crossed the threshold never to turn back and easily merged with the developed world. This may still come to fruition as the urban population continues to gain and with time perhaps a majority will find an Islamically acceptable leader who still believes firmly in Islam but, like President Sisi of Egypt, desires not to have Turkey pose a direct threat to the non-Islamic world but rather join and forge a new and more acceptive Islam. As things in Islam now stand there can be only one of three outcomes; Islam is defeated and expunged from the face of the earth, Islam conquers all the nations forming a world Caliphate which becomes Allah only knows, or Islam goes through a reformation and declares the Mecca Quranic writings as superseding the Medina Quranic writings (click for a brief explanation of the differences and reasons with links provided by other readers in the comments). Odd as it may seem, that is all that is required for Islam to become as any other religion preaching acceptance and coexistence. The sticking point is that at some point, many claim stated by Mohammad just before he died while others claim this was added at a later date to cement Islam as a religion of conquest, is one of the final Surah states that the Medina verses, the later verses, supersede the Mecca verses, the earlier verses. As with all too many things, time will tell and we can only hope our prayers are favorably received by Hashem.

 

Beyond the Cusp

 

June 9, 2016

Israel is the Nation in Need of a Constitution

 

Israel is not going to change all that soon as the thirty to fifty people who run the nation are quite happy to fiddle while things slowly burn down. Part of the problem, and it is a large share, is that over half of those who run the government are not elected but all but self-appointed. There are the Justices who sit on the Supreme Court and the Attorney General, The Supreme Court selection for replacing a retiring Justice is one of, if not the, item which should top the list of systems which require change. Currently the Supreme Court Justices are chosen by a committee consisting of nine members. These are the Justice Minister who acts as the Chairman, a Cabinet Member chosen by the Cabinet, a Pair of Knesset Ministers usually one from the coalition and one from the opposition, two members of the Bar Association and finally the Chief Justice and two other Supreme Court Justices who are often chosen due to seniority. This starts to look like a conspiracy to continue the same policies with no real ability to alter the path when one additionally looks at the committee for selection of the Attorney General which consists of five members; a retired Supreme Court Judge, a former Justice Minister or Attorney General, a Knesset Minister tapped by the Constitutional Affairs committee of the Knesset, an attorney chosen by the Israeli Bar Association, and one legal expert chosen in the subjects of civil and criminal law chosen by the heads of the university law schools in Israel. When all it takes to select a Supreme Court Judge is five votes and three are cast by current Justices, one vote from the current Attorney General who is themselves appointed on the advice partly of a retired Supreme Court Judge, a former Justice Minister and an attorney from the Bar Association and you have what can be conveniently called an echo chamber and it becomes sufficiently evident why the Supreme Court votes almost to the Justice exactly the same as the Supreme Court has since its inception. Add to that the interpretation of the law such that the Justices operate under the auspices of the concept that everything and anything may be brought before the Supreme Court for a final decision.

 

One interesting thing is the Israeli Supreme Court consists of fifteen Justices where one could fairly say that the majority, vast majority, are left leaning or so far left the middle ground cannot be seen through the fog and rose colored glasses. The Supreme Court may appoint any number of judges to hear cases often with as few as three to as many as all fifteen for the most serious of cases brought to the court. Further, for the decade from 2000 through 2010 the Israeli Supreme court heard over 11,000 cases each year. The Israeli Supreme Court can be petitioned directly to hear a case without having it first heard in a lower court. This process is abused by NGOs, often NGOs registered in Israel but primarily funded by foreign governments. Quite often if an NGO states as its aim to serve the support and importance of human rights and/or the rights of minority and oppressed peoples, then you can bet that NGO is financed by the European Union, European governments and foreign NGOs so as to conceal their actual financiers. In any other Western Democratic or Republic such NGOs are required by law to be registered as foreign agents and are not granted official standing as an NGO representing that nation. Israel has twice passed such legislation only to have these very same NGOs bring suit in the Supreme Court where the laws were shot down and nullified. One need keep in mind that the Knesset input in selecting Supreme Court Judges is minimal when one remembers that should the opposition Knesset Minister vote with the Chief Justice and two other Supreme Court Justices and any one of the Bar Association lawyers that makes five votes and the judge has been appointed. The Prime Minister gets no real input and the Knesset does not need to ratify the choice, or simply put, the people have little if any influence on the Justices sitting on a court which has ruled that it can strike down any law, rewrite any law and all but, and possibly including, write laws they feel are necessary or would further empower the Judiciary over the remainder of the government and the people. We have also seen instances where the heads of the Police forces have banned people from visiting areas of the country including the currently extended ban forbidding Ministers of the Knesset from ascending to the Temple Mount. There was a recent case where the Security Shin Bet under the guise of investigating a crime rounded up teens and young men as young as twelve and held them without legal counsel at a secretive location refusing to allow their parents information about their child and used what in many nations would be considered at the least coercive measures and at the extreme torture to try a force confessions from youths they knew were innocent but whose suspected political leanings were not to the head of the Shin Bet’s liking.

 

One young man was held for almost ten months, refused to be permitted to attend his first son’s birth, ritual bris (circumcision), and whose major crime was supporting the Hilltop Youth, a group of youths who support nationalist and Zionist policies and desire a return to Davidic Rule, have never committed an act against the government, most serious offense they commit is camping out and building rudimentary outposts on hilltops overlooking trouble spots which are less dangerous when being surveyed by these youths. The young man in question though had committed a grievous crime, Meir Ettinger committed the crime of being the grandson of Rabbi Meir Kahane, a Zionist and Nationalist Rabbi who argued for his causes and predicted the future extremely accurately before being struck down in New York City after giving a talk. His murderer was acquitted as his act of assassination was seen by the Jury as justifiable as the Rabbi had “extremist views” deserving of being shot. These “extremist views” were best expressed as “Am Yisroel Chai” (עם ישראל חי) , the People of Israel Are Alive, and he also continued the cry of “Never Again” which is a chanting that means the Jews will not go silently to their deaths ever again and murdering Jews will have a price. As was known by even the average Israeli who pays attention to anything political, Meir Ettinger and his friends in the Hilltop Youth were innocent of any wrongdoing and they were hauled in, denied council, denied parental access, held in a secretive location, arranged orders to allow stressful interrogation and extreme interrogation techniques and were sleep deprived for up to three days until their bodies shut down from exhaustion, placed in uncomfortable position, stripped of clothing and made to sit in metal chairs and even denied to have showers or change of undergarments. This was beyond anything used on actual terrorists who when denying and refusing to cooperate have been released for lack of evidence while here their evidence was they knew these kids were guilty of something even if it was not what was being investigated.

 

Another problem are the Basic Laws, laws passed by a simple majority just as any other legislation but deemed special and thus take their place as part of an ever growing excuse for a Constitution. Most of the Basic Laws were passed from 1948 through the early 1960s when Israel was an agricultural socialist society with many Israelis residing on communal farms. These Basic Laws have their place but as they can be amended, refuted, and new ones passed should the Knesset decide any law passed belongs incorporated into the Basic Laws such that they tend to lose their importance and meaning as they can be rescinded by a simple majority vote. Then there is the problem that the Supreme Court can also decide which ones can be amended, removed, added, deleted, twisted, beaded, braded, twisted, spindled and mutilated at will by a majority vote of the Knesset or orders from the Supreme Court. This again placed the judges of the Supreme Court as the ultimate rulers of the land and the Supreme Court had granted the Supreme Court absolute authority over all parts of everyday life including silencing us if they so choose to do so as it was Supreme Court Chief Justice Aharon Barak (August 13, 1995 to September 14, 2006) stated that all things are in his writings some of the following:

 

Aharon Barak, “Judicial Philosophy,” pp. 477 and 485

In my eyes, the world is filled with law. Every human behavior is subject to a legal norm. Even when a certain type of activity-such as friendship or subjective thoughts-is ruled by the autonomy of the individual will, this autonomy exists, because it is recognized by the law…. Wherever there are living human beings, law is there. There are no areas in life which are outside of law.

 

Barak, “The Constitutional Revolution,” p. 30

The basic values of Judaism are the basic values of the state. I mean the values of love of man, the sanctity of life, social justice, doing what is good and just, protecting human dignity, the rule of law over the legislator and the like, values which Judaism bequeathed to the whole world. Reference to those values is on their universal level of abstraction, which suits Israel’s democratic character, thus one should not identify the values of the state of Israel as a Jewish state with the traditional Jewish civil law. It should not be forgotten that in Israel there is a considerable non-Jewish minority. Indeed, the values of the State of Israel as a Jewish state are those universal values common to members of democratic society, which grew from Jewish tradition and history.

 

Barak, “Basic Law: Freedom of Occupation,” p. 208

When the attempt fails, and the values of the State of Israel as a Jewish state cannot be reconciled with its values as a democratic state, there is no escape from the need to decide. This decision must be made, in my opinion, according to the views of the enlightened community in Israel. This is an objective test, which refers the judge to the full set of values which shape the character of the modern Israeli.

 

Barak, “The Constitutional Revolution,” p. 34

If up until now judges were given “conventional weapons” to deal with legislation by way of interpretation and the creation of Israeli common law, now judges have been given “nonconventional weapons,” which allow nullification of legislation which does not observe the Basic Laws’ criteria.

 

This was a definitive part of Aharon Barak’s judicial philosophy which devolved, not developed, as his tenure on the courts and in practice where he gained contempt for the Zionistic, nationalist conservative swing the people of Israel took over his lifetime. The gaining of a distinct and traditional Jewish, and in many cases Israelite, determination and movement from secularist to a religious Zionistic populace where he saw the only way to salvage the utopian leftist dream was for ultimate power to be vested in the Judges which by their manner of selection remained stuck in 1958 Israel with its collectivist society and socialist governance could be maintained even if that required the judges to decide on each law if it should stand or be struck down or even rewrote to the judicial review standards which precluded change. His view of such is further described as we continue.

 

United Mizrahi Bank, p. 352

With legislation of [the new Basic Laws] a substantial change occurred in the status of human rights in Israel. They have turned into constitutional rights. They have been given supra-legal constitutional status. A “regular” law of the Knesset cannot change them. Regular legislation cannot infringe a protected human right unless the demands set out in the Basic Laws are met. Nonobservance of the constitutional demands turns the regular statute into an unconstitutional statute. This is a statute which bears a constitutional flaw. The court can declare its invalidity.

 

There is this infamous quote often attributed to Barak is that “everything is adjudicable,” which was often presumably the motivation and empowering ideal through which the meaning was taken that the High Court should be able to rule on any matter, including cases involving Israeli military activity in Judea and Samaria and breaches of civil liberties, and not just on issues relating to national laws. Even if Aharon Barak had not stated such, the courts in Israel today, and especially the Supreme Court, are acting as such and seldom refuse a case where they are the sole practitioner of whether legislation passed duly by the representatives of the people who instructed the members of the Knesset with their support to produce legislation as an unwritten contract bound in the ballot box now sits beneath the raised gavel which determines whether or not the people and their elected officials are capable of self-governing or are they merely children who have no right to address the issues of the day as they see fit. This is why it is long past time for the Knesset to appoint a select committee, they may wish to make sure the Supreme Court does not get wind of this as they would strike down the committee as a threat to the state and its omnipotent judiciary, and direct them to draft a Constitution based on the theories of limiting the power for a King such that he collects no amassed wealth and must serve the people faithfully and beyond their best abilities. A solid Constitution which places all before the people’s elected officials to decide and limits judges except in the most drastic and obvious of errant departures into forbidden grounds protected by the constitution and not the will of the adjudicator, are left to apply the law faithfully and with the intents of the people. A Constitution which places the police, military and secret services under civilian control and where any officers or enlistee speaks out defaming the state or its elected and appointed individuals which are empowered by the people is punished under codes of proper conduct for military personnel in uniform or representing the State. The Knesset should remain as the house which appoints the Prime Minister but the second half of the legislature should be directly elected by the people. The nation of Israel could be divided into proper districts. These Israeli Voting Precincts for Upper House might be considered as the Negev, Jerusalem & Area, Coastal Plain & Dead Sea, Tel Aviv, Sharon Valley, Western Galilee & Mt. Carmel, Sea of Galilee & Valleys, and Upper Galilee & Golan with each receiving with Five Seats Each for forty seats plus, Three Super Districts; The North (Western Galilee & Mt. Carmel, Sea of Galilee & Valleys, and Upper Galilee & Golan), Central (Jerusalem, Sharon Valley and Tel Aviv), and the South (, Coastal Plain & Dead Sea with the Negev) with Five Seats Each for a Total of Fifty Five.

 

Israeli Voting Precincts for Upper House Totaling Fifty-Five

Israeli Voting Precincts for Upper House Totaling Fifty-Five

 

The Upper House described above, let’s call it the New Sanhedrin, will ratify appointments to the cabinet and senior appellate judges including the Supreme Court. The Knesset (lower House) as stated will appoint the Prime Minister. This method allows the Parties to make their coalition and the Knesset would run exactly as it does now with elections when their term ends after four years while the New Sanhedrin terms will not be dissolved should the Knesset coalition crash and burn, they will serve three year terms with the vote being taken every three years on a set date on the Hebrew Calendar. With the Prime Minister who was appointed as the leader of the coalition and was initially tapped by the President, who will remain being chosen as they are now, after all, we would not want to end the good old party people never change ever and the same problem people show up just in a different Cabinet Ministerial location so that the incompetence gets spread through all of the government. That is why the small adjustment where the Cabinet Ministerial position first have to be validated by both houses thus there will be less if any invent a cabinet post to make this one feel important and receive additional pay while preening around. Then the people placed in these positions must be approved by the New Sanhedrin upper legislature. Hopefully this will lead to placing people from outside the Knesset body into Cabinet posts such that the person responsible for an area of the government actually knows something about the work the department actually performs.

 

The shuffling of the deck chairs on the HMS Knestitanic sailing the icy-waters of incompetent Ministerial appointments will come to an abrupt end. One example is the leader of Yisrael Beiteinu, Avigdor Lieberman, who during his career thus far he has held Minister of National Infrastructure, Minister of Transport, Deputy Prime Minister, Minister of Strategic Affairs, Minister of Foreign Affairs and currently is Minister of Defense. Either Avigdor Lieberman is one of the most intelligent and diversely capable or he had to be ill-prepared in at least one of his positions. Ehud Barak is another regular Minister having been elected not only to hold many varied positions but also served in cooperation or as a member of a number of parties. Israeli politics can confuse even those familiar with parliamentary systems as politicians make new parties, merge parties and change parties sometimes like they change socks. Tzipi Livni has headed two parties while serving in four, where one was a merged pair of parties. Her Career began and appeared steady and content with Likud but then Ms. Livni got the idea that she was destined for greater things and saw her opportunity with Ariel Sharon and his breakaway party from Likud forming Kadima which has a mixture of numerous Ministers from other parties across the political spectrum from Likud to Labor. Kadima started to fail after Ariel Sharon fell into a coma eventually passing. Rather than bite the bullet and join a party Tzipi Livni founded her very own party with some of the remnants from Kadima and a few others who believed there was opportunity as the signs were right, well, almost. Her party was called Hatnuah, meaning “The Movement.” Then she saw this party sinking fast and she made herself an opportunity to share the Prime Minister position with Labor Leader Isaac Herzog. Then problems began as it was noted she was not bringing the numbers of voters hoped and the Labor rank and file felt they were sacrificing too much to gain too little and the Zionist Union, the merger of Labor and Hatnua which the media wanted to defeat Likud that there found Zionist Union defeating Likud going into election day by a margin of 24 to 21 on average. The election result was slightly different with Likud garnering 30 seats while Zionist Union did receive their 24 but obviously insufficient to lead a coalition. This bode poorly for Livni who if she desires a future may have to simply swallow hard and join Labor and hope to rank sufficiently well enough to gain a seat in the Knesset. Tzipi Livni has been Leader of the Opposition for which she is eminently qualified as she has spent much time opposing everything while sitting in the opposition or in the government. Her other positions is a list of many positions including Minister of Regional Cooperation, Minister Without Portfolio (for which she is eminently qualified), Minister of Agriculture, Minister of Immigrant Absorption, Minister of Housing and Construction, Minister of Foreign Affairs and Minister of Justice. She must be a very capable person. The advantage of having a bicameral legislature which divides responsibilities and a Constitution which defines every branch of government with specific capabilities, responsibilities and limitations, and it is the limitations which often are the most important. The described government arrangement for Israel with a bicameral legislature with the Knesset remaining as currently configured but with the courts made at least indirectly controlled by the people rather than controlling the people and everything else it desires while all but replacing its Judges all but by themselves without any limiting factor within the control of the people. The arrangement was just an idea for the sake of offering and starting the discussion and not a serious suggestion unless the Israelis, my fellow Israelis, read and decide that the framework described has potential as an idea with which to start a national conversation. The described system also would encourage the Prime Minister to find some ministers from outside the government or assure that those chosen from within the government actually are competent and not just blindly pretending to manage something they actually do not understand. The real reason for this discussion is to limit the judges, especially the Supreme Court which even cancelled the financial agreement made on order to start production of the offshore gas fields demanding that the profits be invested in welfare and other socialist, virtually communist, programs because the people who invested in the drilling and took all the chances and took the risks should not reap benefit from their venture, not when foreign funded HGOs can petition the Supreme Court to spread the wealth making sure they get a share with which to further attempt to destroy Israel. That should have been the straw that broke the camel’s back.

 

Beyond the Cusp

 

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