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Special-Majority Referendum on territorial concessions

A special-majority referendum constitutes an acceptable procedure in Western democracies, when faced with exceptional – and sometimes irreversible – decisions, such as territorial concessions in the Golan Heights and in Judea and Samaria.

 

Contrary to opponents of a special-majority referendum – as a prerequisite for territorial concessions – such a procedure protects individual rights, national security and democracy, which are threatened by hasty decisions made under the influence of domestic and international pressure, impacted by exceptionally emotional developments and supported by a slim, tenuous majority, which could be transformed summarily into a minority. Special-majority referendums check an imperial executive branch of government, which wishes to dominate the legislature and to ignore public opinion.

 

For example, the “Evian Accords” which led to France’s withdrawal from Algeria, were approved by two referendums in April and June 1962. President de Gaulle, who initiated the withdrawal, insisted that such an exceptional decision required a special majority, in order to prevent an internal rupture. De Gaulle insisted that a regular-majority could represent a minority of eligible voters, forge a sizeable disgruntled opposition and cause a collapse of democracy.

 

Charles de Gaulle understood the threat to democracy – under exceptional circumstances – if the special-majority referendum was dismissed. In 1946, the 53% majority which approved the constitution of the Fourth French Republic amounted to a mere 36% minority of eligible voters.  Under such results, France deteriorated to the verge of a civil war in 1958.

 

Article 4, Section 3 of the US Constitution stipulates a double-majority – by Congress and by State legislatures – for any change in the territory of individual States. Article 2, Section 2 requires a 2/3 Senate majority to ratify international treaties. Article 5 mandates a 2/3 majority in both Congressional Chambers and a simple majority in 3/4 of the legislatures of the 50 States for the ratification of amendments to the Constitution. A 2/3 majority in the House and Senate, in Washington, DC, is necessary to override a presidential veto, and a similar Senate majority is necessary to impeach a president, Cabinet secretary, judge or legislator. And, a 60% Senate majority is essential to initiate a debate on any controversial legislation. 

 

According to Article 38 of the 1982 Canadian Constitution, any amendment to the Constitution – including territorial changes – requires a double-majority: 2/3 of the legislatures of the 10 Canadian Provinces and a simple majority of both chambers of Parliament in Ottawa. In August 1998, Canada’s Supreme Court ruled in favor of a special-majority referendum, proclaiming that “Democracy is more than just an ordinary majority.”

 

The Constitutions of Norway (Article 1), Italy (article 5), Spain (Article 2), Portugal (Article 3), Singapore (Article 6), Turkey (Articles 3-4) and Venezuela (Article 8) preclude any territorial concession. And, according to the 53rd Section of the French Constitution, no territory should be conceded – or exchanged – without the consent of the people.

 

The late Professor Daniel Elazar, a world renowned expert on Western constitutions, refuted the claim that the intent of a special-majority referendum would aim at diluting the political weight of Israel’s Arab minority. In 1995, he wrote that special-majority referenda were conducted almost everywhere – when exceptional decisions were debated – including in the most homogenous societies, where race and ethnicity were not relevant. 

 

A vote on ordinary issues calls for an ordinary majority.  But, a special-majority referendum is appropriate when a vote is conducted on an inordinate, dramatic, fateful, fundamental and irreversible (territorial) change in the status quo, a change in basic values that heavily impact the security, territorial and the constitutional future of a democratic society.

 

A special-majority referendum – under exceptional circumstances – advances the institution of checks and balances, which constitutes a prerequisite for a genuine democracy based on the centrality of the constituent, separation of powers and prevention of tyranny.

 

A special-majority referendumon territorial issues – enhances public debate, requires wide support, accords advantage to reason over emotions, neutralizes the influence of radical elements and public opinion volatility and minimizes the danger of the disintegration of democratic institutions. A special-majority referendum is an obstacle to “Peace in our time,” “Peace at any price.” It is a catalyst to national security and long-term genuine peace.   

 




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US-sponsored anti-Israel UN Security Council statement – acumen

*The US’ co-sponsorship of an anti-Israel UN Security Council Statement reflects the return of the State Department’s worldview to the center stage of US foreign policy-making. This was the first time, in six years, that the US enabled the UN Security Council to act against Israel.

*This is not merely a worldview, which is highly critical of Israel, as has been the case since 1948, when Foggy Bottom led the charge against the re-establishment of the Jewish State.

This worldview has systematically undermined US interests, by subordinating the unilateral, independent US national security policy (on Iran’s Ayatollahs, the Muslim Brotherhood, the Palestinian issue, etc.) to a multilateral common denominator with the anti-US and anti-Israel UN and international organizations, as well as the vacillating and terrorists-appeasing Europe.

*It has sacrificed Middle East reality on the altar of wishful-thinking, assuming that the establishment of a Palestinian state would fulfill Palestinian aspirations, advance the cause of peace, reduce terrorism and regional instability; thus, enhancing US interests.

*However, the reality of the Middle East and Jordan and the rogue Palestinian track record lend credence to the assumption that a Palestinian state west of the Jordan River would doom the pro-US Hashemite regime east of the River, yielding traumatic ripple effects, regionally and globally:

^Replace the relatively-moderate Hashemite regime with either a rogue Palestinian regime, a Muslim Brotherhood regime, or other rogue regimes;
^Transform Jordan into a chaotic state, similar to Libya, Syria, Iraq and Yemen, which would be leveraged by Iran’s Ayatollahs to intensify their encirclement of the pro-US Saudi regime;
^Convert Jordan into a major arena of regional and global Islamic terrorism;
^Trigger a domino scenario into the Arabian Peninsula, which could topple all pro-US, oil-producing Arab regimes;
^Imperil the supply of Persian Gulf oil, which would be held hostage by anti-US entities, catapulting the price at the pump;
^Jeopardize major naval routes of global trade between Asia and Europe through the Indian Ocean, the Red Sea and the Suez Canal;
^Intensify epicenters of regional and global terrorism and drug trafficking;
^Generate a robust tailwind to US’ adversaries (Russia and China) and enemies (Iran’s Ayatollahs, the Muslim Brotherhood and ISIS) and a powerful headwind to US economic and national security interests.

*The State Department assumes that Palestinian terrorism – just like Islamic terrorism – is driven by despair, ignoring the fact that Palestinian terrorism has been driven (for the last 100 years) by the vision to erase the “infidel” Jewish entity from “the abode of Islam,” as stated by the charters of Fatah (1959) and the PLO (1964), 8 and 3 years before the Jewish State reunited Jerusalem and reasserted itself in Judea and Samaria (the West Bank).

*Aspiring for a Palestinian state, and viewing Israel’s control of Judea and Samaria as an obstacle to peace, ignores the Arab view of the Palestinians as a role model of intra-Arab subversion, terrorism, corruption and treachery. Moreover, the State Department has held the view that the Palestinian issue is the crux of the Arab-Israeli conflict and a central to Arab interests, which has been refuted by the Abraham Accords. The latter ignored the State Department, sidestepped the Palestinian issue and therefore came to fruition.

*The State Department overlooks the centrality of the Palestinian Authority’s hate education, which has become the most effective production-line of terrorists, and the most authentic reflection of the Palestinian Authority’s worldview and vision.

*The State Department has also taken lightly the Palestinian Authority’s mosque incitement, public glorification of terrorists and monthly allowances to families of terrorists, which have documented its rogue and terroristic nature (walk), notwithstanding its peaceful diplomatic rhetoric (talk).

*The State Department’s eagerness to welcome the Palestinian issue in a “red carpet” manner – contrary to the “shabby doormat” extended to Palestinians by Arabs – and its determination to promote the establishment of a Palestinian state, along with its embrace of Iran’s Ayatollahs and the Muslim Brotherhood, have been interpreted by rogue regimes and organizations as weakness.

Experience suggests that weakness invites the wolves, including wolves which aim to bring “The Great Satan” to submission throughout the world as well as the US mainland.

Support Appreciated

 




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