Editor: Dr. Rachel Ehrenfeld, President, American Center for Democracy (ACD)
See the sources for this article and more research in the Additional Reading section.
The United States and Israel have been two of the most successful democracies in the world. Both believe in Life, Liberty, and the pursuit of Happiness. Both believe in the rule of law. Both believe in minority rights. Both have developed the most dynamic economies in the world. Both have created the highest rate of patent submissions in the world. Both have been the envy of the world. But all these achievements are now in danger. Why?
The political systems of both nations are facing threats from within. The political checks and balances of both countries are being undermined. Both are straying from their core constitutional values. Both are witnessing a Supreme Court that is turning activist, thus failing to rise to the challenge of protecting the balance of power within the government.
In the U.S., the legal system almost always prevents the Supreme Court from hearing any case before it has gone through the long process of hearings in the lower courts. In addition, its calendar for hearing and deciding cases is rigid, which limits the number of cases it can hear.
In Israel, the problem is just the opposite. The Supreme Court is free to “hear matters in which it deems it necessary to grant relief for the sake of justice and which are not within the jurisdiction of another court”. This court often reaches decisions too quickly and often bases them on political considerations.
We at Save The West think it is a good time to take a deeper look at both Supreme Courts.
1) The Court has been unwilling or unable to protect freedom of speech on a timely basis, which is continually infringed by the major social and mainstream media companies, and by the ‘cancel culture’ movement. All of these violators have been acting directly or indirectly, in collaboration with the Biden Administration.
2) The Court is unable to stop the Biden Administration from employing an illegal strategy to encourage an invasion of alien migrants, including criminals and terrorists, across the country’s southern border. Indeed, the administration is violating the Constitution, which says that the President is responsible for protecting the country from foreign invasion.
3) The Court has been unable to stop the federal government from taking over state rights issues, such as federalizing the electoral process. Similarly, the government has allowed unlimited numbers of illegal immigrants to pour across our southern border, and is then moving them to states throughout the country, without the consent or even the knowledge of those states.
4) The Court has been unwilling or unable to stop biological males from unfairly and unethically competing against female athletes.
5) The Court has been unable to stop the abuse of young girls, victims of female genital mutilation (FGM). It has also been unable to stop the practice of gender transition therapy that is being given to children below the age of eighteen, the legal age of consent.
6) The Court has been unable to prevent the election of Congressmen and Senators, such as the members of ‘The Squad’, who openly reject the Constitution and the Bill of Rights.
7) The Court has been slow to hear cases alleging discrimination against whites and Asians. It has ruled in favor of the separation of Church and State, but has been unable to stop the teaching of false religions such as Marxism and Islamism in our schools. It has also been unable to stop the application of Marxist ‘Critical Race Theory’, as well as the systematic discrimination against Jews, through BDS and other anti-Semitic movements.
8) The Court has been unable to prevent the Biden Administration from providing material support for terror entities, such as Iran, Hamas, the Palestinian Authority (PA), MS-13, and the Muslim Brotherhood.
9) The Court has been unable to facilitate the arrest of any of the 40-80 members of the illegal 2016 ‘deep-state’ coup against President Trump, led by rogue elements in the FBI, DOJ, State Department, and CIA.
10) The Court has been unwilling to uphold the integrity of U.S. election laws by refusing to hear cases in which local state officials were allowed to illegally thwart the will of state legislatures. It also refused to hear the cases of five swing states that were accused of miscounting the votes on the night of November 3, thereby infringing on the voting rights of all Americans throughout the nation.
Not surprisingly, Pew Research Center’s Spring 2021 Global Attitudes Survey found that the prevailing attitude among “sixteen nations and regions, most of them U.S. allies, is that democracy in the U.S. used to be a good example, but has not been in recent years.”
ISRAEL’S SUPREME COURT IS FAILING TO ENFORCE THE NATION’S BASIC LAWS, ISRAEL’S CONSTITUTION:
1) The Court failed to protect the country from the illegal invasion by African Muslims in the years 2003-2013 and then impeded their eviction.
2) The Court enforces strict building codes and permits for Jewish-owned structures. Arabs often encounter difficulty in gaining building permits, and therefore build illegally without permits, which the court has generally ignored. The Court allows the long-standing land-grabs by the Bedouins, and the resulting illegal building on those lands in the north and south of the country, but creates legal roadblocks for evictions.
4) The Court also deals harshly with Jews who try to protect themselves from Arab terrorists, but deals more leniently with Arabs, who have committed acts of terror against them, particularly in situations where no death is involved.
6) The Court insists that it has the right to override laws legitimately passed by the elected legislature (the Knesset).
7) The Court does not strongly support the police, who are on the front lines of fighting terrorism.
8) The Court illegally took control over the appointment of the Attorney General (AG) in 1997, from the Prime Minister (PM) who, by law, had the responsibility to appoint the AG, as is common in other democracies. It did not stop the over-zealous AG from organizing a witch-hunt against the PM that he didn’t like (Netanyahu).
9) The selection of Israel’s Supreme Court Justices are appointed by the President of Israel, upon nomination by the Judicial Selection Committee. The system is deficient because the choices are influenced by the political views of unelected officials and sitting Justices.
10) The Court did not intervene to stop an illegal coup against PM Netanyahu, by allowing an illegitimate government to form. Although it has a majority of 61 Knesset members, four of them represent the Arab Ra’am party, which rejects Israel’s Basic Laws. This party should not have been allowed into the Knesset in the first place.
In a perfect world, virtually all activist justices on both Supreme Courts would be forced to resign, and new justices would be appointed and sworn in, but with ironclad guarantees that they follow their respective Constitutional laws. They would be monitored by a new Constitutional watchdog.
In an imperfect world, commentators must shine a light on these two systemically political, and therefore legally corrupt, Supreme Courts.
The U.S. Supreme Court must fulfill its responsibility to enforce the law, particularly election laws. The Israeli Supreme Court must be restricted by the elected members of the Knesset to stop the court’s systemic overreach and discrimination against Jews.
In their current forms, both Supreme Courts represent the largest systemic threat to their respective democracies. The people of the United States and the people of Israel deserve far better!
Supreme Court’s Power Grab Greatest Threat to Israeli Democracy – Frontpagemag.com
Israel: Supreme Court Voids Law Legalizing Settlements Built on Unauthorized and Privately Owned Land in West Bank – Global Legal Monitor – LOC.gov
Supreme Court gives State until July 2021 to evacuate Bedouin encampment – IsraelNationalNews.com
MAP: Where feds are trying to relocate illegal border surgers – NumbersUSA.com
Dan Hannan: Why Israel is the second-most successful former British colony – WashingtonExaminer.com
Al Jazeera host calls Israel most successful project in 120 years; drama ensues – Times of Israel.com
Supreme Court Denial Of Election Cases Helps ‘Erode Voter Confidence’ – TheFederalist.com
INSIGHT: Supreme Court LGBT Ruling Leaves Sports Transgender Questions – BloombergLaw.com
Israel Studies An Anthology: Human Rights and the Supreme Court in Israel – JewishVirtualLibrary.org
Three cases that show what free speech means – Share.America.gov
The Liberal interpretation of the Constitution revealed – WashingtonTimes.com
Critical Race Theory About to See Its Day in Court – DailySignal.com
Court’s Collective Punishment of Israeli Jews – JewishPress.com
How to Reform Israel’s Runaway Supreme Court – FreeBeacon.com
Israel’s Supreme Court Limits Racial Profiling, but Loopholes Remain – TheMediaLine.org