Israel Has Dodged a Constitutional Crisis, but Only Temporarily

Two weeks ago, then-Speaker of the Knesset Yuli Edelstein refused to hold a vote for his replacement, insisting that, in keeping with precedent, the new speaker should only be chosen after a governing coalition has been formed. As his move prevented the newly installed Israeli parliament from resuming its normal business, the Supreme Court tried to break the impasse with two unprecedented interventions into the legislative branch. To Evelyn Gordon, Edelstein acted out of a “genuine and serious concern” about constitutionally questionable moves by his opponents, even if the court was justified in its order that elections for the new speaker take place.

But then the court took things one step further by taking it upon itself to name a temporary speaker to oversee the election of Edelstein’s replacement:

It’s impossible to overstate how outrageous this is. First, the ruling flagrantly violated the Basic Law [concerning the operations of the Knesset], which the court itself deems constitutional legislation. This law mandates a single Knesset speaker, but the court created two speakers serving simultaneously: Edelstein, who [by this point had resigned but] by law retained full powers [for two days] until his resignation took effect, and the temporary speaker, whose authority would be limited to holding a vote on a new speaker.

Anyone who cares about democracy should be appalled by this. And the fact that leftists overwhelmingly supported it shows that their professed concern for “democracy” is mere camouflage; what they want is a judicial dictatorship.

Just before the conflict between the legislative and judicial branches came to a head, Benny Gantz intervened by announcing that he and Benjamin Netanyahu would form a unity government, thus diffusing crisis. But, Gordon continues, the constitutional questions will undoubtedly resurface:

[I]f rightists were angry at the High Court before, they’re furious now. Whenever the next election is, this will be a voting issue. If the right wins, it will pass legislation to restrain the court. And since the court won’t let its excessive power be curbed without a fight, it will undoubtedly retaliate by declaring the legislation unconstitutional.

In other words, the constitutional crisis has merely been postponed, not resolved. And it’s likely to get very ugly before it’s over.

Read more at JNS

More about: Benjamin Netanyahu, Benny Gantz, Israeli politics, Israeli Supreme Court, Knesset

For the Sake of Gaza, Defeat Hamas Soon

For some time, opponents of U.S support for Israel have been urging the White House to end the war in Gaza, or simply calling for a ceasefire. Douglas Feith and Lewis Libby consider what such a result would actually entail:

Ending the war immediately would allow Hamas to survive and retain military and governing power. Leaving it in the area containing the Sinai-Gaza smuggling routes would ensure that Hamas can rearm. This is why Hamas leaders now plead for a ceasefire. A ceasefire will provide some relief for Gazans today, but a prolonged ceasefire will preserve Hamas’s bloody oppression of Gaza and make future wars with Israel inevitable.

For most Gazans, even when there is no hot war, Hamas’s dictatorship is a nightmarish tyranny. Hamas rule features the torture and murder of regime opponents, official corruption, extremist indoctrination of children, and misery for the population in general. Hamas diverts foreign aid and other resources from proper uses; instead of improving life for the mass of the people, it uses the funds to fight against Palestinians and Israelis.

Moreover, a Hamas-affiliated website warned Gazans last month against cooperating with Israel in securing and delivering the truckloads of aid flowing into the Strip. It promised to deal with those who do with “an iron fist.” In other words, if Hamas remains in power, it will begin torturing, imprisoning, or murdering those it deems collaborators the moment the war ends. Thereafter, Hamas will begin planning its next attack on Israel:

Hamas’s goals are to overshadow the Palestinian Authority, win control of the West Bank, and establish Hamas leadership over the Palestinian revolution. Hamas’s ultimate aim is to spark a regional war to obliterate Israel and, as Hamas leaders steadfastly maintain, fulfill a Quranic vision of killing all Jews.

Hamas planned for corpses of Palestinian babies and mothers to serve as the mainspring of its October 7 war plan. Hamas calculated it could survive a war against a superior Israeli force and energize enemies of Israel around the world. The key to both aims was arranging for grievous Palestinian civilian losses. . . . That element of Hamas’s war plan is working impressively.

Read more at Commentary

More about: Gaza War 2023, Hamas, Joseph Biden