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OpEdNews Op Eds    H3'ed 11/18/16

The President Elect

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Message Uri Avnery
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To a foreigner, this institution looks as obsolete as a dinosaur. It may have had its uses when the United States of America (in the plural) were really a federation of diverse and different local entities.

These days are long past. We now used the term "United States" in the singular. The US does. The US thinks. The US votes.

What is the profound difference between a voter in Arizona and a voter in Montana? Why should the vote of a citizen in Oregon weigh more than the vote of a citizen in New York or California?

The electoral college is undemocratic. It should have been done away with a long time ago. But political institutions die slowly, if at all. Somebody always profits from them. This time it is Trump.

A SIMILAR antiquated system is the appointing of Supreme Court judges.

The Supreme Court has immense power, cutting deep into the private life of every US citizen. Enough to mention abortions and same-sex marriages. It also influences international relations and much more.

Yet the power to appoint new judges rests solely in the hands of the president. A new president changes the composition of the court, and lo and behold, the entire legal and political situation changes.

In Israel, the very opposite prevails. Years ago, new judges were practically appointed by the old judges, "a friend brings a friend," as popular humor had it.

Later this system was changed a bit -- Supreme Court judges are now chosen by a committee of nine, three of which are sitting judges, two others are politicians from the Knesset (one each from the government coalition and from the opposition), two are government ministers and two represent the bar association.

Five of the members of the committee must be women. One of the judges on the committee is an Arab, appointed by seniority.

But the decisive point of the law is that any appointment must be made by a majority of seven members -- seven of nine. This means in practice that the three sitting judges on the committee have a veto power on any appointment. So have the politicians. A judge can only be appointed by compromise.

Until now, this system has worked very well. No complaints have been registered. But the new Minister of Justice, a rabid ultra-nationalist woman, wants to change the system: no more majority of seven, but a simple majority of five. This would give decisive power to the right-wing politicians and abolish the power of the three judges to block political appointments.

This proposal has aroused very strong opposition, and the debate is still going on.

HOW TO describe the incoming president, less than two weeks after his election?

The first word that springs to mind is: erratic.

We saw this during the election campaign. He would say two contradictory things in the same breath. Say something and deny it. Flatter one section of the voters and then their enemies.

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Uri Avnery is a longtime Israeli peace activist. Since 1948 has advocated the setting up of a Palestinian state alongside Israel. In 1974, Uri Avnery was the first Israeli to establish contact with PLO leadership. In 1982 he was the first Israeli ever to meet Yassir Arafat, after crossing the lines in besieged Beirut. He served three terms in the (more...)
 

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