Beyond the Cusp

March 19, 2018

Europe Has a Big Silent Secret

 

Europe still keeps statistics on crime, even violent crimes, and they show that violent crimes are continuing to trend downwards. Murders are decreasing. Robberies are decreasing. Sexual assaults are decreasing. Well, that is amongst the normative communities. Many European police departments have started keeping two sets of books. One set of books is about normative crime committed by normal, multigenerational Europeans. That book is the one that is reported to the people in Europe and is being used as a tranquilizing agent. The statistics generated by this set of books a calming, soothing and oh so very optimistic. These statistics and crime reports are for those who desire to continue on believing that Europe is on the verge of a wonderful and bright future. These optimists are dependent upon good news reports on statistical improvement of Europe and the advancement of European society and governance and all that goes with this. These are the people who read all the right papers which only cover the flowers and smiles unless something so overwhelmingly evil and immense, such that it becomes impossible to ignore, then it is reported and sterilized as much as possible with any hint that it might be part of a greater area of criminal acts and violence ongoing yet uncovered.

 

This is where the other set of books come in play. These are the books which report about the unspoken crimes which are taking place. These are the hidden-crime books which do not even begin to cover the full extent of these crimes and they only really matter if they manage to also get into the other set of books that they really matter. There are crimes which go completely unreported in either book as the police can only report those crimes of which they are aware. If there are communities where the police treat as no-go zones, then crimes within that community do not exist officially. What if a crime is committed, never reported to the authorities presumably responsible for where it occurred, instead handled by the neighborhood in which it occurred, if and only if they consider it a crime and not if they do not believe it is a crime even if there are laws against the act in the outside world, and no state official at any level is ever involved or even knowledgeable about said crime. Is that really a crime or is it an uncrime? This crime is not in the official general crimes kept book and not in the unofficial other than general crimes book. It may have been brought to the attention of the local unofficial authority within this community or to the head of the family and never goes any further. The community authority, family head or some level of authority decides that this is not to go further, they decide guilt, innocence or if anything wrong even occurred. This becomes an uncrime. But there is a greater form of what is best described as other-crime. Other-crime is what the other set of books report and they are the crimes which the police find out about or have reported from the immigrant controlled areas where the police rarely tread except on necessity and then only in force. Some of these crimes become known to the police and authorities when they are called upon to escort an ambulance into these closed communities. These books also cover another kind of crime which would be best called by the name of quieted-crime. Quieted-crime are those crimes where immigrant community members interact with the other Europeans and the police are able to prevent any repercussions outside of the police who took the report and the European is convinced to remain quiet and not make any big deal and to simply accept that the police will do what they can but there really is not that much that can possibly be done. This includes numerous cases of sexual attacks and other similar criminal acts such as the events during New Year’s Eve in Germany reported by Sueddeutsche Zeitung. This is a small crack allowing a small view of the hidden-crime books which escaped and is going to be downplayed once again until this report is forgotten.

 

Europe by National Flag

Europe by National Flag

 

The reality of crime diminishing must be preserved and the influx of immigrants has had no deleterious effects must be preserved at all costs. Political careers are completely dependent upon immigrations never becoming a contentious issue. Europe cannot continue to have unhindered immigration with completely open borders allowing as many “Asian” immigrants from the Middle East, North Africa and the Horn of Africa if the hidden-crime books were to become completely public. But that is the whole reason why there are two sets of books covering criminal actions. Do not for a minute think that the politicians are not aware of the existence of both books. They are completely aware of the facts and that they are risking the entirety of European society by their actions but they are trapped by their own past performance. Some of these politicians have been around for much of the influx of the immigrants and a few have even been around since the start of the breakdown of European society. European society has changed dramatically since World War II and as time passed since that war, the changes have gained speed and the consequences have snowballed. One of the results of the changes in Europe was a decreasing population rate. This has been the result of what is referred to as the “me generation” and their interest in chasing their own enjoyment and sacrificing having families, or at least children, as families and responsibility steal the freedom to have life as one continuous party. When you stop having children, this creates a problem for those who govern, namely how to have sufficient workers to provide for the aging populations. This drove the need for immigrants, bodies who could be put to work to provide the taxes to pay for the retirees which were soon to come as the post-war generation retired. The idea was to allow a free flow of immigrants to fill jobs in order to pay for government and the future. The economies did not produce sufficient jobs and the 2008 crash turned many immigrants into unemployed immigrants. When the immigrant society got a taste of the unemployed life and the social safety net of payments provided by European governments, they realized that they could live a relatively comfortable life well above what they had in their home nation by simply living in groups and collecting government handouts. This has led to the immigrants producing an even more serious financial problem as they began to collect more funds than they produced in taxes. That led many of the politicians doubling down on allowing immigrants in hoping to get ahead of the collapse. They are not going to be able to prevent the coming failure of Europe.

 

The crime remaining unreported is just half of the problem which is snowballing. The economic problems are now a runaway train with its throttle wide open and nobody at the controls. There will always be hopes that the immigrants will find that taking jobs provide a better life than government handouts or the governments will find that they are forced by financial troubles to end many of their handouts and this might force the immigrant communities to seek employment or return home. Then Europe will simply have to seek some way other than immigrants to solve their financial difficulties. But there may be something in the not too distant future which could turn everything around. There is always that old favorite of Europe when economies are stagnant, everything is looking like a really sorry future financially, there appears to be no easily enacted means of solving the problem, taxes have been exhausted and all else appears bleak, there is always a great war to reset the economic scales and starting over from scratch with a society to rebuild offering jobs for all. What solution from Europe’s past, when facing economic difficulties, is it to which we are referring? It is everyone declaring war on one another and fighting until all resources are exhausted. One would hope that the Europeans might have progressed beyond that solution. But then again, there is nothing like tried and true methods perfected by thousands of years of history. Perhaps it is the perfecting of warfare which would make such a solution being unimaginable, but that solution should not be completely ruled out.

 

Fortunately, there is another solution on the horizon and we can only hope it does not come too late to save Europe. That solution is the end of economies, as we have always known them. Social economics have always been predicated on workers and spending to provide the employment for the workers. But what if workers did not require being paid and designing products also did not require paychecks, and the entire workforce was automated and people only had jobs if they desired to have them. People who worked would receive additional buying power allowing them to have a more extravagant lifestyle. They would have access to nicer pad, nicer digs, sweeter ride (which would be actually having a ride) and better seats at the restaurant, opera (performed by robotic Artificial Intelligence (AI) actors) and generally more variety in entertainment. Still, with all production and design generally provided by robotic entities as well as AIs and government has found a means of providing buying power without actually using money. The government should be capable of allowing certain levels of purchasing, government provided housing, and everything desired by the people freely as long as the production and other desired needs are provided by AI and robotics with a small workforce who receives compensation advantages in purchasing as purchasing is money free. Purchasing will be provided through personal card, kind of a credit card with the credit set by the government. This also would allow providing people who work a larger spending capability. All Europe need do is make it to the point where the AIs and robots are running our societies. Once the developed world is run by AIs and robots, they will have reached a point where the main drive from their world should, if they really hope to live in peace, spreading their economic abilities and life of ease to the remainder of the world. Then the sole item which would need to be guarded against would be any violent actions from any of the nations which are being transformed for inclusion in the advanced societal structure developed. The one item which might be required for the developed world to provide safety would be automated AI law enforcement which would prevent warfare from any point on the planet. This would also require the most difficult of all things, allowing the AIs to also become the government. How can we get politicians to surrender their fat cat easy lives of excess through insider trading to allow themselves to be replaced by a supercomputer? Perhaps by doing away with the stocks which provide them the trade advantage. The real challenge for the world is to get to that future before we annihilate ourselves in one huge exchange of nuclear weapons enveloping the entirety of the globe such that even Antarctica melts in the exchange. Anyone care to take bets on this?

 

Beyond the Cusp

 

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April 20, 2017

Which World Controls the Future?

 

There are basically two worlds, the technological, industrialized, computer, information, advanced world and the world still back far enough in development that world conquest is their big challenge. That is the face of the complexities in today’s world and it is very uncertain which world will prove to be the more solid and most able to survive persevering over the other one. One is sending robotized scientific probes to the planets, their moons, asteroids, comets, studying the Sun and searching the vast cosmos for other inhabitable planets close enough to Earth-like that they could serve as a second home for mankind and other interests. The other is planning on how they will conquer the entire world and force everyone to follow their religious rules and follow the customs of Islam serving Allah and basing their entire society on the Quran and likely Sharia as the law for all the Earth. These two worlds could not be any more opposite in the future they see for humankind. One is reaching for the cosmos and beyond while taking medicine into new frontiers conquering ageing and making discoveries that will feed the planet and make previously undrinkable water safe for consumption. The other places science aside except in how it can produce more efficient weapons with an emphasis on advance weapons systems, nuclear warheads and the missiles on which to mount them to target the Great Satan, the United States as well as the capitals of Europe and Israel. The contest between these two worlds may come down to the developed world actually understanding the aims of the other world and understanding that they really and honestly believe that conquest of the world and subjecting to Islam is not only possible but their raison d’etre. Where will the future take us?

 

Expansion of Islam Across MENA and threaten Europe before Ottoman Rule

Expansion of Islam Across MENA and threaten Europe before Ottoman Rule

 

The idea of world conquest by Islam is nowhere near a new idea. This had been the idea since Muhammad gathered his armies in Medina taking that city and followed it with the conquest of Mecca. Muhammad initiated the expansion of Islam and the Arab Empire, which has made them, the greatest colonialists in all of human history (see map above). Their expansion was finally halted in the battle of Tours by Charles “The Hammer” Martel in October 741 A.D., a mere hundred and twenty years after Muhammad began his conquests in the Arabian Peninsula ending the westward conquest in Europe. On the eastern fronts, Islam ran into three forces, which prevented their conquering further lands. At the eastern end of Europe was Constantinople which initially came under attack in the year 330 A.D. and held the Islamic forces in check eventually falling when the Muslims used siege cannons which finally gave the following Ottoman Empire the ability to break through the massive and all but impregnable walls in 1453 (see picture below). The Islamic forces were also stopped after their conquest of approximately one-third of India on their initial thrusts and then over the next eight-hundred years the Islamic forces pillaged their way across all of India into Burma destroying entire cities razing them to the ground slaughtering the entire populations. The conquests in Asia reached their peak until in 1255 when the Mongol Great Khan Mongke placed his brother Hulagu Khan in charge of an army whose goals were to conquer Persia, Syria, and Egypt, as well as to destroy the Abbasid Caliphate. This began the great attacks by the Mongols, which took a heavy toll on the Muslim Empire. In the end, the Muslim faith took roots in the Mongol society, which finally ended their warfare.

 

Great Turkish Bombard Siege Cannon Utilized by Mehmed II in his Siege and Breaking of the Impenetrable Great Walls of Constantinople

Great Turkish Bombard Siege Cannon
Utilized by Mehmed II in his Siege
and Breaking of the Impenetrable
Great Walls of Constantinople

 

The second assault on Europe was made after the conquest of Constantinople by the Ottomans who ran into difficulties in virtually every front. In Rumania, they faced Vlad the Impaler, Vlad Dracula. He was a ruthless foe who would impale prisoners on pikes along the roadway, which the Muslims would be forced to utilize and other measures of brutality which spread fear within the Islamic ranks. It was rumored that even one of the Islamic leading generals refused to attack Romania claiming that Vlad the Impaler was far too insane and brutal and he would not place his men in danger of such brutalities. The Ottomans were turned back twice at the gates of Vienna. The more famous of these battles had the Polish King Jan III Sobieski reach an agreement where his neighbors would respect his borders while he and his entire military relieved the siege of Vienna. The Grand Vizer Merzifonlu Kara Mustafa Pasha began a siege of Vienna on July 14, 1683, and Polish King Jan III Sobieski led the largest cavalry charge in history: 20,000 mounted Poles, Germans and Austrians and Sobieski himself led the charge with 3,000 Polish Hussars relieving the sieged city of Vienna on September 12, 1683. World War I brought an end to the Ottoman Empire as they allied with Germany and Austria-Hungarian Empire against the Allied Powers consisting of Britain, France, Russia, Japan, Belgium, Serbia, Greece, Montenegro, Portugal and Romania. Late in the war, the United States joined the war making an immediate impact assisting in facilitating a quicker end to the conflict. The European Allied nations took control for a period of the nations across the Ottoman Empire that stretched across the Middle East to Iran and across Northern Africa. These lands were divided into individual nations by the European victors using rather arbitrary determinations, which have contributed to many of the problems in these countries today. (The nation that controlled each of these new nations and the dates in which they left are on the map below.) The Muslims are feeling that they were cheated of their proper empire and currently there are different leaders who view themselves as the proper leader who should lead the new Caliphate.

 

Dates that the MENA nations received their independence after colonial rule many since the times of the Persians or even earlier

Dates that the MENA nations received their independence after colonial rule many since the times of the Persians or even earlier

 

The Saudi Royals, Turkey President Erdogan, Iranian Supreme Leader Ayatollah Seyyed Ali Khamenei all believe they should be the next leader of the Islamic Caliphate. Then there is another issue, whether Iran and Shia Islam should be the true Islam for the future or whether Sunni Islam will prove superior as it has the greatest numbers at eighty to ninety percent. Then inside Sunni Islam, there are different types with the Wahhabis in Saudi Arabia, the Muslim Brotherhood that includes Turkey President Erdogan and most of the Imams at the Al-Azhar University in Cairo, Egypt. Finally, there is the Islamic State and their leader, Abu Bakr al-Baghdadi, who claims that he is the rightful Caliph. Saddam Hussein also had claimed he was the new leader and finally there is some claiming they are the Twelfth Imam known as Muhammad al-Mahdi. The one thing that will slow Islam is their inability to settle on a singular leader or even a single version of Islam. Currently, the Iranians are working towards becoming a hegemonic power in the Middle East and extending Shia Islam into Saudi Arabia where the north eastern and oil rich areas of Saudi Arabia already has a Shia majority population. The Sunni-Shia divides by some of the nations are; Turkey 80% Sunni and 20% Shia; Lebanon Sunni 24.5% Shia 47% with Christian and other 22%; Syria (before war) Sunni 73% Shia 14.7% Christian 9.3%; Saudi Arabia Sunni 52%, Shia 25%, Wahhabi 23%; Iraq Sunni 32.5%, Shia 63%, Christian and other 4.5%; Iran Sunni 11%, Shia 87%, Christian and other 2.5%; Egypt Sunni 87%, Shia 3%, Christian 10.25%; and Kuwait Sunni 61%, Shia 39%. The truth is that there are subsects beyond the more basic and simple Sunni and Shia divide which mostly what comes under discussions in the West, but the entirety of the complications of Islam are far more complicated. This may be the redeeming feature as witnessed in Syria. The initial divide is between Bashir al-Assad who is Alawite, which is basically a form of Shia and thus supported by Iran, the preeminent power of Shia Islam, and through Iran, Hezballah, the Shia terror groups from Lebanon, which has recently become the Lebanese military. Then there are the Kurds who despite being Sunni are targeted by all forms of Islam, especially Turkey and President Erdogan. The Kurds defend their area as best they are able and have had success against the Islamic State. There is the Islamic State which is Sunni, then the al-Qaeda aligned groups who are also Sunni and these two groups are enemies as they swear allegiance to different leaders and who you follow is the second level amongst Islamic forces. The Sunni are far more fractured than are the Shia, which actually may serve to permit Shia to slowly make gains and become dominant; especially should Iran become a nuclear power and through this become dominant. Should Iran actually use nuclear weapons, they may turn many Sunnis to switch and choose to join Shia Islam as in Islam you follow the strong horse and such acts would make Iran the strongest horse. As far as their target, it could be anything from Saudi Arabia to Egypt to Israel or the United States.

 

Interstellar Ship Made with Smart Metals

Interstellar Ship Made with Smart Metals

 

All this leads to some commentary about the developed world and what will be required for it to remain the dominant force in the world. First and foremost, the United States will be required to be a force in the world and Europe will need to change direction and find their core beliefs to prevent their perishing under a swarm from Islamic immigrants. Their scientific progress must continue and even accelerate and then be used to raise the standard of living throughout the rest of the world. They will need to set aside more funding for their militaries as only through strength can they avoid Islamic efforts. The remainder of the Christian world needs to take assistance, learn about good governance from the more successful Christian nations, and thus strengthen the Judeo-Christian ethic throughout the world. Space need become a dedicated and central effort with efforts to place permanent bases first on the Moon and soon thereafter Mars and ever further throughout the Solar System. Space is the high ground, which cannot be argued over as whoever holds space holds the highest of mountaintops. Technology is the developed world’s greatest weapon and sharing all of these technologies would be foolish. Once Islam has found a leader brave enough to actually return them to the original Quranic verses from Mecca and away from the verses written as a warlord in Medina, then with Islam taking a form where it is willing to coexist with other religions and not insist on being the superior and only religion, then the world might be capable of finally coming together. There are a fair number of Muslims who currently are working toward just such a goal with one being Egyptian President Sisi. These efforts should be supported when and where possible while the supremacist forms of Islam need be opposed and eventually eradicated if all Islam insist that they must rule the world and force all to do their bidding.

 

Coexistence is the key. The basis of this coexistence would be built upon a new material, which will be forged biological entities, to cooperate; otherwise they are separated and kept aside from all others until they are willing to coexist. The material, which makes sure that all people are willing to coexist and work together, is a living metal which will isolate any supremacist entities which refuse to cooperate with all others. These are the enforcement of coexistence and the enforcers of practical coexistence. Anything uncooperative will be sanctioned by this material until it learns cooperation and coexistence. In this society, the materials themselves will be the police and the enforcers of proper behavior.

 

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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