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

 

May 30, 2016

And You Blame Israeli Governance

 

Israel recently made a few adjustments incorporating Yisrael Beitenu into the ruling coalition permitting a more stable government, as the former coalition stood on the whims of as small as a single Minister changing sides. There was the assigning of a pair of Ministerial special assignments one of which granted the Defense Minister position to Avigdor Lieberman replacing Moshe Ya’alon who had been somewhat of a disappointment and had fomented mistrust of the leadership in the governing coalition and there were rumblings in Washington DC. There were the echoes of the whining made by the opposition here in Israel in the halls of the White House. We understand that you wish to destroy the Israeli Prime Minister simply because Bibi Netanyahu had the guts to oppose your gifting nuclear weapons to Iran, a regime which regularly threatens to wipe our nation from the map. Further, there are those in Iran who wish to remove the Jewish presence from the annals of history by murdering every last Jew on the planet, including Bernie Sanders, even with his opposition to anything Israel, that would not save him. These threats from Iran would also include your friends and anti-Zionist allies J-Street and a great number of donors to Democrat Party coffers every election cycle. You slander Minister Lieberman with claims that he is an extreme right wing crazy who only desires war when he has screamed for the opportunity to make peace at any reasonable cost. Then again, you continue to fund Hamas which also calls for the murder of every last Jewish man, woman and child on the planet, not just those in Israel. You back Mahmoud Abbas as our partner for peace despite his refusing your every request for him to take a meaningless step of just saying that Israel is the State for the Jews or give any other signal that there was even a crack of light shining through the door proving that peace was possible. Abbas all but spelled it out for you that the only deal he will accept is for all of Israel to disappear and the Jews dead. But you claim regularly as does the highest people working in the Department of State that Israel is the source of all the problems in the Middle East, Asia and Africa and that they are not sure but also in Europe and the Americas. About the only accusation which has not been leveled against Israel is that we are waging a war or causing one against the Emperors in Antarctica as if these Emperors are all penguins.

 

Bernie Sanders or Hillary Clinton vs Donald Trump What a Choice This Will be for the American People

Bernie Sanders or Hillary Clinton vs Donald Trump
What a Choice This Will be for the American People

 

We understand President Obama and Secretary of State Kerry that you hold a great amount of animus towards Israel and even though nobody in our government would be so bold, we can demand that you end your maneuvering against the ruling coalition in Israel. We do not call for your replacement and never, despite your wild accusations and claims, did we even endorse candidates running against you when you ran for President in 2008 or when you ran for reelection in 2012 like so many including those in your Cabinet and advisors in the White House and even alluded to by you yourself. Israel, unlike the United Stated where the Democrat Party has regularly provided entire campaign specialists, companies and organizers to run the campaigns of the opposition to the current government as you did with the entire Presidential campaign specialists V-2015 headed by Jeremy Bird, the man responsible for your reelection campaign’s success. They were to assemble a door to door grassroots campaign mirroring your campaign success here in Israel and denying Netanyahu any hope for victory. Politics in Israel do not fit well with deceitful practices and your meddling may have actually assisted Netanyahu by giving many a reason to vote against outside meddling in Israeli affairs. But we are used to such as Bill Clinton dispatched James Carville and company to run another campaign which got Netanyahu defeated, a similar move to what you were attempting. Despite your campaign pointing that Israel was working to defeat you, Bibi did not even state a preference for you or Mr. Romney in the last election.

 

One last item we can bring up even if those sitting in the ruling coalition are too polite to mention, please just give your anti-Zionism and anti-Israelism a rest as you will be out of office soon and you do not even have the support of Congress when you try to act against Israel. There are likely officers throughout the United States military that if ordered to wage an attack on Israel would simply retire their commission and probably any number of troops who would face prosecution under General Courts Martial or at least an Article 15 for refusal to obey a lawful order rather than fire a single round at an IDF soldier. Do not feel dismayed when these would become verified by the members of your Joint Chiefs of Staff and the Pentagon as we have the same types of soldiers here who would never raise a weapon against the United States. Actually, if you ever wished to make a documentary on Israeli views of the United States you would find that the United States is loved here in Israel. The average Israeli believes the United States is the cream of the crop and Israel’s greatest ally, even after all you have done we still feel that way. When your name is brought up many will claim that anything you did denouncing or working against Israel must have had a great reason but that we were not privileged enough to have all the information. Then there are some who are not wearing blinders and know you, Mr. President and soon to be citizen Obama, for exactly what and who you are and know that you hold a special place for Israel in your heart and that is as long as that heart beats you will back anything which would destroy Israel. We know that there are many in the State Department and Foreign Service who would go to any length to hurt or cripple Israel. We know that when you or Secretary Kerry discusses Israel it is with the intended goal of its demise by any means. This may have, in part, made your granting Iran a path to nuclear weaponry, as long as they wait for six months after you leave office to announce their first test, with the intent on using them to destroy Israel. We understand and will celebrate your leaving office and know that even Hillary Clinton cannot do as much to damage the special relationship between the Israeli and American publics.

 

As far as your Democrat Party and the fact that compared to the Republican Party the Democrats are the enemies of Israel, the majority of Jews are leftists liberals first and Jewish somewhere further down the line and totally unsupportive of Israel in a large part. We remember at the last Presidential Democratic Convention that they voted down a motion to include friendship with Israel and that Jerusalem be her Capital City or the mention of Hashem, though you were going to use a more Christian name, in the Democrat Party Platform and it was only included because the chair declared the motion passed despite the obvious refusal by the floor. The proof is below for anybody to hear and bear witness with the video below makes obvious. We understand the soft spot you hold in your heart for Islam made obvious by your reference that the Muslim evening call to prayer as the prettiest sound you have ever heard and that much of that stems from your childhood in the Far East and your earliest education in a Muslim Madrassa. We understand your solid opposition to almost anything Israel which was also framed well by your relations over a twenty year span with the Reverend Jeremiah Wright and your friendship with the Minister Farrakhan and too numerous a list of your personal advisors and friendships. We even understand your otherworldly view of the United States and the evils performed by Western Colonialism and that you view Islamic colonialism as simply the natural order of the world and ignore the almost fifteen centuries of Muslim expansionism and colonialism as they have conquered and held much of the Middle East and across all of North Africa and are now making threats and moves to take over Europe by infiltration and use of their democratic governance to simply populate them out of existence. We understand there are leftists who back this Islamic takeover and that they are fools who believe that they will share power with the Islamic influences. They are as deadly wrong as any in the past who has had similar delusions. We also know that it will be up to the individual European citizen to awaken and save their continent or they will go the way of the Dodo bird.

 

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There may be little that Israel can do as long as we are so opposed and maligned by the President sitting in the White House and many here recognize that should the next election produce a President Hillary that we in Israel will be facing four more years of your foreign policy regarding Israel. We understand that Bernie Sanders’s first appointment to the Platform committee on his way to providing the five people he has been allotted was James Zogby, a recognized, open, adamant and ferocious pro-Palestinian, pro-Islam and Israel hating individual who has called for the destruction of Israel. We understand that the Democrat Party which for so long has supported Israel is drifting away from that point and is soon going to completely go over to the other side. Despite this, there will be legions of leftist American Jews for whom Israel is more an annoyance than an issue for their support and that is their right and choice. What we also realize is that the Republican Party will continue on as the friend of Israel and that a large portion of their Christian supporters are also the best friends Israel could hope to have. Their advocacy has outshone many leftist Jewish organizations in supporting Israel. There are still some here in Israel who treat these Christians with some trepidation as they suspect that they have ideas of converting Jews to Christianity, let that be as it may. We should also know that the average Israeli is strong enough in our faith that such is not a real threat and for those who fear such apparently need to have a little more faith and confidence in their fellow Jews to stay the course as we have for close to three thousand years. After all, there may not be quite as many Jews as we have averaged throughout our history but we are still here as a testament to the love and power of Hashem and know that any apparent difficulty allowed to befall us was likely deserved as the Prophets had foretold of every single calamity and even our eventual return here to our ancestral lands a final time, and we are here to build a future that is the blessing of Hashem and we will tend Hashem’s garden here in Israel as we are meant to do. Our faith and Torah are all we need to survive even the worst possible events in America and hope that our mutual friendship will remain a central theme in both of our societies. That would please the vast majority of Israelis greatly and their desires in this area could prove to be a blessing for both nations and both peoples. We wish America well and will also watch, not meddle but watch the American elections this fall with great amounts of hopes and fears just as so many others around the world. The interesting thing is the Israeli society is split amongst the candidates and much of the discussions here are identical to those being carried in the United States. This can be proven by simply reading the English versions of Israeli media and very quickly such becomes evident which is another reason why the two nations were made to be allies. The last bit of interest is that the Founding Fathers of America admittedly used portions of Torah when crafting the Declaration of Independence and the Constitution including the limiting the power of a President such that they serve the people over other interests. May that become the watchword for the next administration as that too would serve both peoples and nations well.

 

Beyond the Cusp

 

May 14, 2016

How Democracy Dies in Israel

 

Though we had discussed thoughts of this nature we could only obliquely refer to our suspicions but thanks to Caroline B. Glick for her article which is the meat of our commentary and worth reading as her manner and ability to cut to the bone and serve the meat on any subject is particularly poignant and we would feel as if we had deprived our readers of every morsel and fact within her article The Fruits of Subversion which we read in Jewish World Review which is one of many places where Carolyn Glick can be found. The discussion we will attempt will be to delve into some of the ramifications; both the potential, and the other simply dread and hopefully never come to pass. Needless to point out, adding to a Caroline B. Glick article is not a task for the queasy and in this endeavor failure is not only an option but even a probability. I guess by now we can simply assume that Caroline B. Glick is a reporter and editorialist extraordinaire whom we hold in high esteem. Now let us proceed and try and tackle this not so simple task and hope for the best.

 

There has been a shadow government operating in concert with the administration of a foreign power, that of President Barack Obama and the United States Department of State. This government has taken upon itself the pursuit of an agenda which is completely the opposite of that of the elected government. These individuals have taken upon themselves to assist the aims of President Barack Obama and report to the State department, administration appointees and even the Secretary of State or the Director of Central Intelligence Agency any deviations from the presumptive and United States approved policy potentially taken or in the plans of the government in Israel. Examples from the article included reporting the plans for a strike on the Iranian nuclear sites and we might discern that other such treasonous revelations granted the United States and Obama Administration would include any objections or arguments which Prime Minister Netanyahu might have regarding any peace and concessions and any resistance to of President Obama’s carefully laid out agenda which he and his tools in Israel believed to be superior and a better path for Israel going into the future and against the will of the voters and their elected governance. The problem is that this infection had spread throughout much of the highest ranks including the general staff as well as the intelligence community. Caroline Glick mentioned some names but we suspect, as does she more than likely, that the disease is rotting through many institutions who see their job description to include preserving the democracy their politics support, the people be damned, as what do the people know about the realities of the world and the best of paths for the state of Israel. Another place where this rot had held sway since the beginning of the state of Israel and through the same process of self-appointing replacements and choosing those of identical political philosophies while punishing those who hold contrary opinions even to the point of demotions or forced retirement from serving the country is the Supreme Court and likely the entire legal and judicial system.

 

Perhaps this might be a good time to confess that we did not vote for Likud and much of the reasoning was a dislike and distrust of Prime Minister Netanyahu and wished that there was some way of either limiting the number of total years or terms a Prime Minister is permitted to serve and after that set period of time they would need to set aside their leadership of the nation and allow another to be the representative of their party as Prime Minister even if they continued to lead the party. Such an example might be that Prime Minister Netanyahu after serving, say, a decade holding the office of Prime Minister he would need appoint another from the party, or better yet, have the party choose the new Prime Minister designate to represent that position for example it might be Gilad Erdan, Yuli Edelstein, Yerael Kats or any other Likud member in good standing. Perhaps with such a limitation allowing for fresh leadership even if the same party remains as leading the government year after year after year which might prevent the self-appointed demi-gods from perverting the elective process and the choices of the people and destroying the democracy in order, in their minds, to preserve the democracy.

 

Part of the problem, as we estimate the situation, is that due to sclerotic and often paralytic political power structure which retains a small group of leadership holding all of the positions including Prime Minister and his Cabinet that stresses the top positions in the military, courts, intelligence and other political and security positions which are not elected directly or indirectly by the people into using their privileged positions and access to the decisions, plans and other intelligence including both external, internal and even secretive plans which only the very highest military position and heads of intelligence have privilege to acquire and who are trusted by the people not to overstep their boundaries and serve the people and its government. What is even more disturbing is the seeming support these paragons of perfect knowledge, or at least self-perceived as such, have abused their positions and forfeited the trust of the people and the government they are presumably serving have been celebrated and even granted privileged acceptance and praises from their political allies who are leaning on these people of rank to allow for their political goals and views to be implemented through abuse of force and forfeiting the votes of millions of their nation’s citizenry. The actions of the previous Director of the Mossad, Maj. Gen. Meir Dagan, and commanders such as Deputy Chief of General Staff Maj.-Gen. Yair Gola, compared Israeli society to the Nazis on Holocaust Remembrance Day; the General Staff’s vilification of Sgt. Elor Azaria, for killing a wounded terrorist in Hebron; and the drumming from his position as a commander of an Infantry Company of Lt. Col. Shalom Eisner for striking a European leftist instigator who had earlier broken a number of Eisner’s fingers and caused other equally painful injuries which required medical treatment.

 

Ya'alon and General Staff

Ya’alon and General Staff

 

The general policy being empowered by these paragons of democracy, well, at least in their own minds, and that of the extreme leftists, the defeatists, the leftist media which is to say the majority of the mainstream media, the European Union, United Nations, European government and media, and worst of all the anti-Zionist, anti-Israeli Administration of President Barack Obama is one duly leftist in its approach to all policies and completely placating and forgiving empowering the Arab Palestinians and the terror infrastructure and support systems all in the name of peace at any price even to include the complete compromise of the freedom and identity of Israel as the Jewish State. The obvious question is why these generals are not simply forced from service and replaced with other senior officers who hold more reasonable understandings of the power and responsibility of the military to serve the governance elected by the people. One reason is that it is very likely that the Supreme Court would intervene and return these general staff officers and likely find some choice names of officers who are approaching senior positions and blame them for attempting to overthrow the general staff and they themselves would find themselves drummed from service and potentially incarcerated, thus is the established leftist shadow governance. As far as removing such generals from the IDF, such a move would necessarily require the support of the Defense Minister and MK Ya’alon leans left himself and would likely defend these generals and may be partly the reason that Ya’alon was chosen for the position such as to have a person who could work with the generals the IDF offered and not one to shake things up and rock the boat. The entirety of the system of unelected policy experts who are pursuing their own agenda is an echo chamber which amplifies the problem which will take a brave and ready to fall on their political swords for the nation and its people.

 

The final item we will attempt to cover is why it may be time to find a new Prime Minister to replace Netanyahu, from Likud if necessary. The nation needs a bold leader who is willing to take whatever steps are required to enforce the will of the people. Such a person would be, by necessity, somebody with an almost careless outlook and one who does not prefer the limelight and instead simply desires sacrificing to serve the nation and its people. Unfortunately such a person is unlikely as a parliamentary system is not usually capable of taking dire steps even when many see it as necessary. A Parliamentary system most often places a party functionary who has the right pedigree often the result of years of steady service to the party as a dedicated soldier. This is how Ya’alon became Defense Minister as did the rest of the Prime Minister’s inner cabinet. One of the complaints we have often heard was that there was such a seeming dearth of politicians who would be worthy of being the next Prime Minister. Even when other parties are added to the discussion with their presumed additional candidates there are still very few if any additional candidates who might excite the people, or at least none of us here. We did have one we would have hoped would offer themselves as a challenger for the office of Prime Minister as the lead of their party but they made a couple of defeatist comments, one in particular which displayed a serious deficiency which displayed they were not ready for prime time, let alone Prime Minister. If anyone has any ideas on a viable challenger, please encourage them as Israel cannot long survive these closed systems and their ruinous effect acting against the will of the people. The leaders in the legal systems, military, intelligence and law enforcement systems are presumed and designed to serve the people and the government and to implement the desires and policies of same, not take it upon themselves to be gods and rule taking power upon themselves simply because they see themselves as superior to the elected governance. Such is a closed system free of outside forces for change thus not reflecting the will of the people as they serve and should not be placing themselves above the people and their welfare, which is also against Torah.

 

Thank you all,

 

Beyond the Cusp

 

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