Why Israel Needs the Nation-State Bill

April 6 2015

Moshe Koppel drafted an early version of the bill before the Knesset that would grant constitutional status to Israel’s identity as the “nation-state of the Jewish people.” Arguments against the bill, he writes, boil down to the complaint that it is “too Jewish.” They are wrong:

[T]he state should serve as a framework in which the majority of citizens already committed to some form of Jewish identity are able to manifest that identity in the public sphere. Specifically, what the bill demands is that this Jewish identity be given expression in Israel’s choice of language, symbols, calendar, immigration policy, and so on. . . . All these are sufficiently fundamental that they should be anchored in a basic law. In fact, I suspect that most innocent observers of Israel would be surprised to hear that they aren’t already anchored in a basic law. . . .

Just as judges must adjudicate between conflicting civil and human rights—say, my right to free speech versus your right to privacy, or your freedom of movement versus my property rights—so too they must adjudicate between the collective right of the majority to self-definition and other rights that might conflict with this collective right. This does not mean that being a Jewish nation-state is incompatible with being a democracy any more than that free speech is incompatible with the right to privacy; rights and values bump up against each other and from time to time they need to be adjudicated. . . .

In short, the law is necessary for restoring a lost balance between national rights and individual rights in Israeli law. It is necessary also for the purpose of clarifying to ourselves and to others what we mean — and, no less significantly, what we do not mean—when we assert our right to a Jewish nation-state.

Read more at Marginalia

More about: Basic Law, Israel & Zionism, Law, Nationalism, Supreme Court of Israel

Why Israel Has Returned to Fighting in Gaza

March 19 2025

Robert Clark explains why the resumption of hostilities is both just and necessary:

These latest Israeli strikes come after weeks of consistent Palestinian provocation; they have repeatedly broken the terms of the cease-fire which they claimed they were so desperate for. There have been numerous [unsuccessful] bus bombings near Tel Aviv and Palestinian-instigated clashes in the West Bank. Fifty-nine Israeli hostages are still held in captivity.

In fact, Hamas and their Palestinian supporters . . . have always known that they can sit back, parade dead Israeli hostages live on social media, and receive hundreds of their own convicted terrorists and murderers back in return. They believed they could get away with the October 7 pogrom.

One hopes Hamas’s leaders will get the message. Meanwhile, many inside and outside Israel seem to believe that, by resuming the fighting, Jerusalem has given up on rescuing the remaining hostages. But, writes Ron Ben-Yishai, this assertion misunderstands the goals of the present campaign. “Experience within the IDF and Israeli intelligence,” Ben-Yishai writes, “has shown that such pressure is the most effective way to push Hamas toward flexibility.” He outlines two other aims:

The second objective was to signal to Hamas that Israel is not only targeting its military wing—the terror army that was the focus of previous phases of the war up until the last cease-fire—but also its governance structure. This was demonstrated by the targeted elimination of five senior officials from Hamas’s political and civilian administration. . . . The strikes also served as a message to mediators, particularly Egypt, that Israel opposes Hamas remaining in any governing or military capacity in post-war Gaza.

The third objective was to create intense military pressure, coordinated with the U.S., on all remaining elements of the Shiite “axis of resistance,” including Yemen’s Houthis, Hamas, and Iran.

Read more at Ynet

More about: Gaza War 2023, Hamas, Israeli Security