By Prof. Paul Eidelberg
Part I
The great philosopher-mathematician Alfred North Whitehead said, “The Jews are the first people that refused to worship the State.” This suggests that the Jews are the first people to recognize a “Higher Law,” one that transcends the laws of the State.
The idea of a Higher Law, one that transcends the acts of parliaments and kings inspired America’s Founding Fathers and justified their Revolution against Britain in 1776. Christian America is therefore spiritually indebted to the Jewish people.
America’s Declaration of Independence affirms that the “Laws of Nature and of Nature’s God” constitute the ultimate standard of whether laws enacted by the State are just or unjust, hence whether the State merits obedience.
The Declaration speaks of “government by the consent of the governed.” Consent is a rational as well as a volitional concept: we speak of a young person reaching the age of consent. The Declaration thus envisions a rational form of popular government. Not all popular governments are rational.
That the Declaration says all men are created equal only means that men are equal in their natural rights to Life, Liberty, and the pursuit of Happiness. It does not mean that one man’s opinion of what is just or unjust is as valid as another’s. God is neither a moral relativist nor a normless Democrat. The term “democracy” is not mentioned in the Declaration.
The teachings of the Founding Fathers and of various eighteenth-century university presidents indicate that America became a great Christian nation because it was founded very much on Jewish principles. Alas, I cannot say this of the present State of Israel, which was founded on non-Jewish principles, including the non-Jewish principle that the State is the highest law—the meaning of Statism. It’s no accident that whereas America’s Declaration of Independence mentions “God,” the “Supreme Judge,” and “Divine Providence,” no such language is found in Israel’s 1948 Declaration of Independence. Let’s be clear about this.
In Judaism, rulers are subordinate to the laws of the Torah. The Jerusalem Talmud (Rosh Hashana 1:3a) teaches that God Himself is bound to observe the laws of the Torah. In Israel today the State is sovereign. This Statism is evident in a 1948 Israel statute: “No act of legislation shall diminish the rights of the State, or impose upon it any obligation, unless explicitly stated” (Law and Administration Ordinance, Section 42, Explanatory Note.) This statist law verges on fascism, except that Israel rejects a single party state. We have in Israel the veneer of democracy—periodic multiparty elections. However, what is really operative here is the east European tendency of top-down leadership, no institutional checks and balances, and no political accountability. Welcome to the Islamic Middle East!
Proof? Ponder Israel’s Expulsion Law of October 2004. That law was enacted by a Government headed by the Likud Party which brazenly implemented Labor’s “unilateral disengagement” policy—a policy rejected by a vast majority of the voters in the January 2003 election as well as by Israel’s highest defense officials. That law was not based on reason. The people were right; their Likud Government was wrong—indeed, perfidious. And to its ever-lasting shame, that democratically elected government ordered Israeli soldiers and police to expel 10,000 law-abiding Jews from Gaza and northern Samaria, destroyed their homes, their schools and synagogues, their factories and vineyards—flourishing communities (which I visited and will never forget). This destruction was a blatant display of statism, to put it mildly.
Politically and morally speaking, that Likud Government was illegitimate. Its devious prime minister betrayed the will of the people. And now another Likud government, headed by Benjamin Netanyahu, is ready to yield Judea and Samaria to the Palestinian Arabs. Only now Israel’s leading charlatan would have the people believe that these Arabs, given economic prosperity, will trash their Quran and metamorphose into bourgeois democrats!
Part II
Mr. Netanyahu’s decision to endorse an Arab state in Judea and Samaria was taken without public or Knesset debate—quite a democracy! The 300,000 Jewish residents of Judea and Samaria are now threatened by the fate suffered by the Jews expelled from Gaza. Assuming soldiers will be used to expel these Jews, what will be the consequences of this ethnic cleansing?
I will not dwell on the traumatic impact on the Jewish victims or on the ruinous consequences for the nation’s economy. Nor will I discuss the demoralization of the people of Israel, their confidence in Israel’s future. I leave to others to discuss how the expulsion will affect aliyah, the rate of emigration, the Jewish birthrate, the demographic balance between Jews and Arabs in the country as well as in the Knesset and the Government.
I want to focus on an existential dilemma. Suppose Israel’s rabbis, for reasons based on Jewish law, exhort soldiers to disobey orders to expel the Jewish residents of Judea and Samaria; and suppose a significant percentage of soldiers—religious or not—ignore the expulsion orders. Let’s admit that this insubordination could undermine the discipline required of any effective army and therefore endanger the existence of the State. But let us also admit, for reasons already indicated, that the mass expulsion Jews from Judea and Samaria could also endanger the State’s existence. Evident here is an existential dilemma of the first magnitude.
This dilemma was latent in the secular founding of the Jewish State. As I have often pointed out, the very concept of the “Jewish State” is an oxymoron. The “state” is the highest authority as to what is just or unjust, lawful or unlawful; whence it follows that Jewish law is subordinate to the laws of the State. In other words, there is no “Higher Law” than the laws of the State. Some would say this is fascist doctrine, but let’s call it only “Statism.” Yes, but this is a reflection on the wisdom of the founders of this State, who, note well, enacted the unJewish law that “No act of legislation shall diminish the rights of the State, or impose upon it any obligation, unless explicitly stated.”
Yes, countless people are confused about this State. The primary cause of this confusion is the myth of Israeli democracy. Israel’s ruling elites—politicians and judges, academics and journalists—have a vested interest in perpetuating this myth, for as I have often said, this myth is precisely what endows the Government with legitimacy and the ruling class with respectability.
I will mention only one of several anti-democratic characteristics of Israel’s political system: members of the Knesset are not individually accountable to the voters in constituency elections—the practice of almost all of the 88 countries classified as democracies. It is this fact that enabled 23 Likud MKs to violate with impunity their pledge to the nation by passing the Expulsion Law. Gaza is now ruled by Iran’s proxy, Hamas. Those who enacted and implemented that expulsion law are arguably guilty of treason.
I realize that what I am saying will strike many people as offensive if not subversive. But this is no time for milk-and-toast political analysis or “political correctness, “the tendency even of acute pundits. Despite its amazing prosperity, Israel has been destroying itself, thanks to its corrupt system of government and feckless and unfaithful ruling class.
This State has thus become the enemy of the Jewish people. The pusillanimity and self-aggrandizement of its ruling class stand in striking contrast to the poorly equipped Americans of 1776, who rebelled not merely against a particular law of the British parliament, but against a system of government that violated the Laws of Nature and of Nature’s God. One does not have to be Jewish to recognize that a government that expels law-abiding citizens from their homes violates their God-given rights and forfeits its legitimacy.
The people of Israel must therefore take steps to establish a new form of government, one that upholds their God-given rights to Life, Liberty, and the pursuit of Happiness. There is no point in toppling the Netanyahu Government unless it is replaced by one that respects the Torah, because no government that deems itself superior to the laws of God can overcome Israel’s existential dilemma.
If it be said this is no time for “regime change,” I answer: Time can be made by men when they attune themselves to Time’s Creator.
Ted, put an end to this. Is Kendraa Peskin or a just of the same ilk?
Lets play a game of stupid!
Narvey vs HWSNBN, and the winner is? Narvey!! He gets the stupid prize. Ok stupid is harsh, lets say Obtuse Prize.
Kendraa, a sober comment is not necessarily a wise comment.
You are right on a number of points: ie. the U.S. supports Israel’s security and to that end has provided aid and military assistance to Israel.
You are very wrong however, to suggest or imply that:
1. Israel owes her entire existence to the U.S. Israel’s self sufficiency is growing. Whereas American aid at one point amounted to about 25% of Israel’s GDP, it is now I believe about 5%;
2. Only Israel benefits from her relationship with the U.S. In fact, the U.S. has received fair value for the aid given Israel, much in the way of valuable strategic intelligence Israel provides America. You also fail to consider that the U.S. pumps tons of aid and money into various Muslim Middle East states and the Palestinians and for what? More resentful rancour and thumbs in the eye?
America does it out of fear that if they do not shower the Muslim nations with the monies and false praise as they do, even greater Arab/Palestinian mistrust and anger with America will result and America will have an even tougher time of it in protecting and advancing her interests in the Middle East.
What is going on with America’s generosity towards the Arabs/Palestinians is a highly sophisticated form of Middle Eastern baksheesh, ie. bribery, payoffs and protection money.
3. Israel must shape their policy to accord with American policy or Israel will be rightly characterized as an ingrate and liability to the U.S. It is for Israel to determine her security needs and not America.
4. Israel has failed to credibly pursue peace with her neighbors. That is so outrageously flying in the face of history and facts as to not be worthy of responding.
Kendraa, I don’t know who you are or whether you are part of the left wing looney or less then looney camp or just one who gets off on playing devil’s advocate. Regardless, if you want to play that game you are going to need to bring your A game and do so with cleverness, intelligence and a respect for history and facts.
rongrand: Your response to my very sober comment is completely out of line. Can you not address your reply to content rather than making it a personal attack?
Kendraa, listen you little flake, get lost. This site is not for reprobates. You can’t hide and you better cover your butt.
Your whereabouts are known. Sleep tight.
Rongrand:
Rather than YOU and g-d protect Israel, There is a higher power with a much better track record in protecting Israel(with conditions).
Uncle, I pray each day and ask G-d to bless and protect Israel. I am trying my best to repay.
Seems like the world is bent on wiping out the debt without repayment.
The whole world is indebted to the Jewish people. God is the God of Abraham, Isaac, and Jacob. The only Holy City is Jerusalem,not Rome or Mecca and Medina.
Sorry, Rongrand, the tap water is just fine in my Jerusalem neighborhood.
All of your 101 lessons are anathema to Jews who have tossed away their inheritance or view Judaism as nothing more than a cultural costume of old to bring to class for show and tell.
This is a no no. Just another Ground Zero effort by the PA. The Israeli government has to come to their senses.
I am beginning to think the leftist in Israel are treating the drinking water in order to assimilate the Zionist Jews to secularism.
Judaism basic 101 – G-d gathers the Jews throughout the world to assemble them in Israel, the Holy Land, the land He willed them.
Judaism basic 101 – Israel is a Jewish State, not secular.
Judaism basic 101 – The national flag “The Star of David” is not secular.
Judaism basic 101 – A Jewish State should have a constitution based on the Torah
Am I all wet??
See the following
http://www.israelnationalnews.com/News/News.aspx/139306
A contractor, who may be part of the PA, or lionked to the PA (the report does not make clear) to take over the work on Joseph´s Tomb, listed as the third most important Judaic shrine
Link to Ground Zero Mosque…
.
Sam, how did they get this power and how do you dismantle it? This is not a good picture.
These leftists Jews don’t belong in Israel, that’s for sure.
Again as I see it, it’s the secular progressive movement and they are bent on destroying the real purpose G-d led the Jews back to the Holy Land. Cannot let this happen or go on.
Time for Zionist Jews to take hold of their country before it’s too late, otherwise Israel will be swallowed up by the Muslims.
Israel needs a constitution based on the Torah, especially since this is a Jewish State.
Have to get Yamit (Uncle Nahum) involved in this.
Israel’s Jewish and democratic judiciary:
Israel was established by leftists who were embarrassed about being Jewish, and pitied Jews who were so “backward” that they still believed in G-d.
Part of the leftist plan to keep power forever was to set up an Israeli judiciary composed of hard core leftists.
The leftist judiciary was given absolute power in Israel. Israel has no constitution, so the judiciary makes up its laws as it goes along. There are no checks and balances: a ruling by the Israeli Supreme Court is final, and overrides laws made by the Knesset, as well as rules made by the military. And to top it off, the judiciary gets to choose its own successors, ensuring permanent leftist domination.
Two rulings made today:
1) Jew-hating Israeli muslims get to import unlimited spouses from the west bank and gaza, who end up as permanent residents of Jewish Israel entitled to Jewish welfare. This ruling overrode a Knesset law. As a result, the palestinians don’t even need a formal right of return. They just need all Israeli muslims to marry a west banker or gazan and bring them into “Jewish” Israel.
2) In the west bank, the muslims are deliberately building mosques, with minarets and loudpeakers, placed illegaly on Israeli land directly adjacent to Jewish settlements. The Israeli court ruled that, although these mosques are “illegal” and should be demolished “eventually”, it cannot be done while the political state of affairs remains so “sensitive”. In other words, the mosques stay.
Israeli leftists despise Judaism, and hate religious Jews so strongly, that they are working to destroy Jewish Israel from within, and hand it over to the muslims, rather than let religious Jews take control of “Jewish” Israel.