Beyond the Cusp

June 25, 2016

Brexit Passes and Cameron Plans to Resign and Jo Cox Memorialized

 

All of the votes have been counted and it is official as 52% voted yes to Brexit and 48% voted to remain in the European Union (E. U.). Along with the Brexit yes vote comes news that Prime Minister Cameron will resign, as he stated, “But the British people made a very clear decision to take a different path and as such I think the country requires fresh leadership to take it in this direction. I will do everything I can as Prime Minister to steady the ship over the coming weeks and months. But I do not think it would be right for me to try and be the captain that steers our country to its next destination.” Well, he said the if vote went against his preference that he would pass the torch, and the good news is we will have another national vote for new leaders to give us a break from the Hillary and Donald catastrophe across the pond. Below is his entire talk from in front of 10 Downing Street to the media. He stated that he would like to see new leadership by October when the Conservative Party is holding their national conference. I can only assume he expects his Conservative Party to continue to lead the nation such that the new Prime Minister will also lead the party; and if they fail, then he can step forward to lead the nation in repealing the Brexit as I doubt he would change his stated view on E. U. membership.

 

 

Now we will see the rush for the door. Already France and the Netherlands have had public pressure for their own exit vote on their E. U. As we had stated earlier, with Brexit passing, and not by what should be considered anything but a fairly definitive vote, all right, landslide it wasn’t; but any politician would be very happy to have a 4% margin of victory which the media in any election would report that the people had made their decision known as if it was a really definitive vote. One has to further note that initially the “remain” vote was comfortably leading after the early vote count from London and other metropolitan cities where the population is younger and considered more erudite, but the rest of the country was definitively of a different mind. This was sort of reminiscent of the Dewey Defeats Truman headline which proved erroneous as the rural votes came in and Truman won the day. The vote was expected to be close with the older population favoring leaving while the youth desired to remain in the E. U.; so once again it fell to that favorite item of pollsters, the ever unpredictable middle. This time the middle was not the middle between conservatives and liberals but the middle aged people, those who may not have lived or only their childhood witnessed Britain before the E. U. but were raised by people who lived through both before E. U. membership and after joining E. U. From appearances this middle aged voting public really did not want to remain in the E. U. or they really wanted to remove Cameron, whichever, the vote is done and the British are free of the Brussels Bureaucracy and their dictatorial ultimatums.

 

Dewey Defeats Truman

Dewey Defeats Truman

 

It will be interesting to see which nations now have similar demands for being allowed to see whether their people desires remaining in the E. U. or demanding their government be empowered and freed from the restrictions and economic directives from Brussels. As noted, France and the Netherlands may already be heading for a vote and if there has been sufficient public outcry, we can expect they too will vote favorably for leaving the E. U. and in many ways the E. U. has brought this upon themselves with their slow but steady suffocation of individual sovereignty. The E. U. was supposedly a mostly economic and trade union and not supposed to replace the individual government’s dominion. But as time went the E. U. grew and assumed more and more power taking these decisions from the individual governments and supplanting them with the dictations and ultimatums from Brussels. They took control over immigration erasing borders between the separate nations. Further they began taking from the wealthier nations and giving to those faltering nations which are where the idea of central planning began to fail. There we are again with central planning being the difficulty, the causational problem. This had a dual effect which simply furthered the problems. The wealthier nations were put out for being made to cover these other nations which they regarded as slacker nations where the people did not have the same work ethic of say Germany or Britain and at the other end these faltering nations were being dictated on decisions which they refused to obey which caused further friction. Both the sides found the demands placed upon them by an unelected set of faceless bureaucrats to be onerous and distasteful. The E. U. will press the predictions that leaving their overseeing guidance as resulting in confusion, trade wars, and every problem conceivable as should the E. U. be disbanded these bureaucrats and the governing central planners will all be out of a job and with no prospects for future employment. What will these poor central planners do without the power of the E. U. charter, a document they have stretch beyond all recognition, to empower them and grant them powers, well, some of the powers they wield as some might be beyond the original intents the member nations originally agreed upon. Overreach can really be a downer that can lead to resentment followed by people actually doing something about being so dictated to.

 

Perhaps the lesson here is that when the representatives that the people elect are slowly but ever so steadily disempowered by an unelected group of central planners who have been overreaching and taking more and more power to themselves, well, you eventually get blowback. The decision to also allow thousands of refugees from Syria, Afghanistan and beyond into the E. U. may have been the final straw. Then there were the terror attacks which many blamed on the E. U. and their immigration policies. This was possibly brought to the fore last week with the horrible event where a Labor Party Minister of Parliament, Jo Cox, was murdered by a reportedly mentally unstable fanatic who was anti-refugee and believed to have been a white supremacist. We can only hope he gets treatment and remains incarcerated in a mental health institution or prison for the mentally unstable such that he never again has the opportunity to harm anyone. This crime did bring an end to the discussion a full week before the vote and was thought would suppress the voters favoring Brexit. If that was true then the Brexit was even more favored than the vote may have indicated though it is more likely that this crime had little if any effect.

 

Late Minister Jo Cox Refugee Advocate Killed by Anti-Refugee Fanatic

Late Minister Jo Cox
Refugee Advocate
Killed by Anti-Refugee Fanatic

 

This crime also deserves some investigation. Jo Cox was both shot and stabbed as was a 77-year-old man, who intervened to help Cox and sustained a serious injury to his abdomen and remains in stable condition in the hospital. Britain had gun laws which are amongst the strictest in the world and yet this unstable individual somehow came to possess and use a firearm in this criminal act of murder. This goes a long way in proving that if a person is determined to murder, there are no laws which will prevent them from attaining a firearm with which to commit their heinous crimes. As long as there are firearms, and that means as long as nations have armies, then people will find a way of attaining weapons. We don’t want to get into a gun control vs. gun rights argument beyond the understanding that anyone willing to commit a violent criminal act will never be deterred by laws about weapon possession or any other law as they are already committed to violating far more serious laws than possession laws or crossing the street outside a crosswalk or stalking or anything else on the books, period.

 

As far as we have been capable of determining, Jo Cox was a refugee advocate and had been quite vocal about the responsibility of the wealthier and peaceful nations of Europe to offer open doors and open arms to the refugees from the war torn areas of the Middle East and Africa. The man who murdered her in cold blood was an adamant and vehement opponent to immigration of those people he saw as from an inferior society and likely incapable of acting and interacting with Europeans and would be a disaster waiting to happen. He had a history of prescribing to white supremacist and apartheid organizations as well as other, according to police and media reports were “right-wing” and “extremist” groups. The Southern Poverty Law Center, a left-leaning United States ‘human rights and minority rights’ organization, has published what it says are documents showing that the suspected murderer, Mr. Mair, had a history of purchasing material from the National Alliance white supremacist organization based in the United States. They released copies of receipts and a 2013 subscription to the National Alliance’s publication, National Vanguard, as well as receipts from 1999 showing purchases for neo-Nazi book “Ich Kampfe,” the “Improvised Munitions Handbook” and other books and traced his activities back to his having also subscribed to a pro-apartheid group’s magazine in the 1980s. Thank you Southern Poverty Law Center for your timely research into this person’s history.

 

This person, Mr. Mair, had definite problems and if law enforcement or public health had known of his problems, it raises questions as to why he was still permitted to be outside of observation and managed care. There was a movement back in the late 1960s and through the 1970s and continuing to this day which operates under the misconception that people with mental difficulties benefit from living in the real world even if this means their missing taking necessary medications. The numbers of homeless living on the streets rose precipitously coinciding with the decisions that mental institutions were harming the people they cared for and that the monies wasted on such institution could be better used in outpatient services for these people. There were studies done subsequently which varied and conflicted with some reporting that many of the former institutionalized individuals were not receiving their medications and has missed appointments with counselors and had been removed from rolls and left on the street without getting the medical attentions they had received previous to being placed out in the world without any real assistance in adjusting. Others reported how many had obviously found a better life as living in the real world had filled them with and through interactions such that they were no longer in need of medication or counseling. One side of these results has to be horrifically missing the mark as they are opposites though their percentages are remarkably similar. So we have to believe that either there are a number of formerly institutionalized individuals who remarkably recovered or that an equal number of these people have fallen through the cracks and nobody really cares. How many of these people will end up on the wrong side of the law or are being abused by others also on the streets as many are likely easy marks. Either way, if there are even half of these people not receiving the medication and help they need, that is a calamity of tragic proportions. One of the victims of this experiment is now Minister of the British Parliament Jo Cox, and that too is a tragic price that British society has paid.

 

Our final note on Brexit, this is just the beginning and this story is about to take on a whole new and serious proportion as the rest of Europeans force their governments to allow them the same choice and we may soon have a free and independent new Europe free of the dictatorship in Brussels. This might be the start of a healthier Europe when each nation will determine their own trade and future and economically they will now be able to have a free and independent currency as each return to their own currency which then adjusts with their economic strength and needs. The ones who would benefit most from being independent from the E. U. would be Greece, Spain and other areas which have found the Euro to be inhibitive of their economic needs. Time will tell and we can hope that the people will get the freedom to decide for themselves and each nation does what is the best for their economies and people.

 

Beyond the Cusp

 

June 24, 2016

Venezuela is Just the Latest Example

 

Socialism is the greatest form of magic and it can work wonders under one small technicality; those in charge must be capable of predicting everything and every need weeks before they occur. There have been some great minds and some not so great minds which have attempted to master this simple little but key problem. They have never succeeded and likely until we have some extremely advanced artificial intelligence (AI) capable of figuring more computations and be inspired and intuitive as well, even AI will not save the day. Unfortunately for Venezuela they were relying on Hugo Chavez’s daughter and the rest of his crony socialists which has led to the riots in the streets because when the government gives everything and its fails, everything fails right along with it. The people are suffering as there is no food, no electricity, nothing, not even toilet paper. Venezuela is on the fast track to join that other socialist utopia, North Korea as that was the system they were emulating. What were they thinking? Anyone looking at North Korea and thinking, ‘hey, maybe we should try that total socialist thing and see how it works for us geniuses,’ is asking for ruin for their people. But what they saw in North Korea was the ruling elite who were living large and eating good and they looked no further than the feast served in the palatial grounds of the Kim family and thought, we can live large too. They didn’t look at the people who have been eating grass and the bark off of trees. North Koreans have it so good that they are trying to sneak into China where they see a world of plenty. Maybe China has found a secret to make socialism work as China is socialist, right?

 

So, since China might have found a secret, perhaps looking back at the socialist history and see what their magic bullet turned to be. Back when Mao Tse-tung initiated his socialist communist utopia of a planned production and state run farms and factories, they had such a failure that it is still unknown how many Chinese paid with their lives as a result of that first famine produced by crop and other farm failures. Estimates run from hundreds of thousands to tens of millions to hundreds of millions to unimaginable millions. The only Chinese who were safe from father Mao’s wonderful central planning were the peasants living in the furthest reaches of China in the remote farmlands who raised their own crops and were self-sufficient. Mao Tse-tung and his central planners then came up with a brilliant idea based on those remote peasants and allowed the farmers to work and plant as they saw fit and permitted them to keep sufficient food to feed their communities. But the factories still were under central planning because the communists understood the needs of the people. There were often shortages of particular items and sometimes unforeseen demands which were completely unexpected and there would be a lag time and waiting lists grew for such things as cars, televisions and other thought of luxury items. Housing became more sterile and stark as central planners placed a higher emphasis on quantity over quality and function and basics over appearance and luxury or even comfort. The people wanted more and knew about the rest of the world despite the attempt to control their news from the outside world. Mao Tse-tung gave in areas to the better minds but still retained much of the control centrally and thus restricting reactive production which led to continued waiting lists and production lagging demand sometimes by years. Mao died and the communists with time made a fateful decision as their economies could not meet their directive goals. They let loose of a degree of control and allowed for a select group of entrepreneurs, some free enterprise where industry owners were permitted to keep some of their profits providing they met the expectations and projections. This stimulated their economy and this led to meeting projections and industrial and economic growth beyond anything they had previously attempted. This led to economic growth rates sometimes surpassing 9% annual gains and brought the Chinese economy into the modern age and spawned the rise of a middle class, a new concept in socialist governance. But China was no longer a purely socialist system and it was the free enterprise which was permitted economic freedom which spawned the growth rates.

 

I can hear the questions asking what would happen if the growth rate slowed or even, heaven forbid, hit a recessive downturn. Well, that would be an easy one to answer with only one problem, the Chinese economy had been so repressive that the last decade plus, as they liberalized their economy and allowed more and more of the economy to be a semi-free demand economy with free enterprise, that they only recently finally reached a point where their gains slowed and failed to meet expectation and fell below their desired, if unreasonable, 9% per year and the initial signs are what some might call ominous. The central planners are showing signs of throwing out the baby with the bathwater as they are showing indications of returning to form and taking back the control over production planning thinking they can plan better than the profiteers as their decisions are empirical and not driven by guessing and risk taking. There is a positive side to this and that is we will see if after having witnessed the methods of for profit manufacturing and investment that the central planners might have an improved ability at decision making. Even if the central planning takes back sufficient control that the wait lists return and they end up where they were before their first experiment in free market economy, then their second experiment in free market economy will be the same inevitable success that they had the first time. The reason a free market economy works is that it is driven by greed, a vice which has never been vanquished from the human spirit and as long as there is greed, then profit based economy will work the best in satisfying the greed of the proletariat and the bourgeoisie as all gain from such a driven system. This could lead to a cyclical Chinese economy with it going in spits and starts as the free market produces growth until the inevitable recession. The central planners then clamp their control back over the economy and as that fails they resort to free market until it slows and back and forth and back and forth and eventually one will prevail. The likely winner, for the benefit of the Chinese people, will hopefully be free market and the central planners simply resort to governing wisely as we have always been taught the ancient Chinese rulers had managed when they were not fighting against one another in order to consolidate their control. The one thing that can be learned from the Chinese who found their way to allow for free market economy when central planning failed to meet the people’s demands is that even central planners can sometimes know when they have failed before it is too late.

 

Proletariat and the Bourgeoisie Lead to the Revolution

Proletariat and the Bourgeoisie
Lead to the Revolution

 

That is the problem with too many socialist governments, even those which are based on a free market economy but use socialist programs to redistribute wealth more evenly and to provide retirement income so nobody gets left out in the cold. When these programs reach a point where they outstrip the resources then either taxes need to be increased or other means of making the programs affordable even if they must cut back on their benefits. When the taxes are too high in order to presumably pay out welfare and retirement benefits the economy can still collapse into freefall such as was the case resulting from the 2008 economic downturn, bust if you insist, and Greece, Spain and others found themselves so deep in the hole that the economy was unable to recover. This was further exacerbated by the fact that they are on the Euro which receives much of its value based on the combined economies of the European Union which include Britain, Germany and other nations whose economic output is far greater than Greece thus Greece could also not support the value of the Euro which furthered their problem. The single currency may result in the end of the European Union if the nations being damaged by the single currency decide to leave so they can manage their own currency. Add into this the Brussels Eurocrats dictating immigration policies and forcing refugees into countries which feel threatened by the refugee situation. This will be a further demand on the economies of the nations taking in the refugees and you have another stress that will force more nations into economic difficulties. There is much to look at going forward and Europe is on the leading edge of the coming problems many which will result from the many and varied conflicts and other problems ongoing in the Middle East and North Africa, things we will most certainly cover here along with the other items of particular interest around the globe. In the meantime, let us hope that Venezuela figures out where they went wrong and change their economic means and systems to something which at least can feed and provide a few other necessities and even the luxury of toilet paper soon and the people can stop rioting and work and produce for their own enrichment and not just the enrichment of the central planners who apparently decided their wealth mattered more than the people and are now facing an ugly truth, they were wrong. We could hope for the people of North Korea as well, as their new leader, Kim Jung Un is apparently unbalanced and seems to believe if he is doing well the people should be happy enough by that knowledge even if they lack for virtually everything including decent food.

 

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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