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‘The gun is on the table’: Both sides of Israel’s debate say that a constitutional crisis is coming
(JTA) — In a country that is deeply divided, where attending anti-government protests has become a weekly ritual for many, at least one idea still unites the right and left: Israel appears to be hurtling toward a constitutional crisis.
The crisis — which Prime Minister Benjamin Netanyahu termed a “governmental breakdown” during a recent visit to Germany — would flow from legislation Netanyahu is pushing that would overhaul Israel’s judiciary. The proposal — which critics say threatens Israel’s democratic character — would increase the coalition’s control over the appointment of Supreme Court judges, and would enable Israel’s parliament, the Knesset, to override court decisions with a simple majority.
A constitutional crisis occurs when a country faces an unsolvable dispute between competing branches of government. Countries have recovered from constitutional crises in the past — the United States has had several over the centuries, including multiple ones related to the leadup to the Civil War and its aftermath — but the process can be difficult, and mistrust long-lasting.
In Israel’s case, what happens if the Knesset passes the judicial legislation, the Supreme Court strikes it down, and the Knesset doesn’t abide by that decision? Does the court or Knesset hold final authority?
However that question is answered, just getting to that point would represent a dramatic breakdown in a 75-year-old democracy. “The very idea that the government might not comply, might ignore the Supreme Court’s decision, would be an unprecedented crisis,” said Michal Saliternik, a law professor at Netanya Academic College.
In that dangerous moment, some Israelis see opportunity. In a perhaps ironic twist, Israel is on the precipice of a constitutional crisis but doesn’t actually have a constitution. It’s a risky bet, but a battle between the court and the coalition, said international law scholar Tamar Megiddo, might just force Israel into the long and arduous process of writing a governing document and figuring out how to balance the country’s competing authorities.
“The entire constitutional system here is held together by duct tape,” said Megiddo, who teaches at the College of Law and Business outside Tel Aviv. “It’s ridiculous. We have no protection of our constitutional regime, no protection of our separation of powers, no protection of checks and balances and no protection of human rights. The only reason this functioned for the past 75 years is because there was good faith.”
She added, “I think a lot of people view the current constitutional moment, or the realistically likely constitutional crisis, as also an opportunity for fixing everything that’s broken in the system.”
When asked how a clash between the government and courts could come to a head, those scholars and others all individually sketched out versions of the same scenario: The government passes a law giving itself control over judicial appointments, the court strikes down the law — and the government appoints new judges anyway. When those judges arrive for their first day of work, should the security guards let them in? Who should the guards obey — the government that appointed the judges, or the courts that declared their appointment illegal?
While that question is being debated, the courts may not be able to hear cases at all.
“At the end of the day, the state needs to function,” Saliternik said. “The courts have work to do. If the judges can’t enter their chambers, it will definitely impact everyone. It’ll be like a third world country in which institutions don’t function.”
The law on judicial appointments may be passed next week, and for rank-and-file Israelis, both Saliternik and Megiddo said, this question would hardly be theoretical. If Israel’s system of government descends into crisis, it could lead to a downgrade in the country’s credit rating and an economic downturn that ordinary citizens feel in their pockets. And given how invested Israelis have become in the face of the judicial reform — protesting in the streets by the hundreds of thousands — it’s unlikely they’ll ignore what ensues if and when it passes. Israeli President Isaac Herzog, who has a reputation for congeniality, gave a pained speech last week warning of the potential for civil war.
“If the court issues a ruling and the government does not comply, then the Israeli public will say, ‘This is the ultimate proof that this is not a democracy anymore,’” Saliternik said. “I say this with trepidation, but if there’s an open battle between the Supreme Court and the Knesset, it could result in street violence.”
Megiddo said that even the possibility of such a crisis has normalized tactics that were once on the fringe, such as refusal to perform military service, a duty seen as sacrosanct across much of Jewish Israeli society. Israeli Defense Minister Yoav Gallant reportedly warned that the possibility of mass refusal to serve could cause him to leave his post. On Tuesday, a group of military reservists said they plan to recruit tens of thousands more who will pledge to shirk reserve duty if the legislation goes through.
“People who refuse service were considered, in the Israeli public, to be a very extreme minority, and now it’s mainstream to say that people won’t serve the military for a dictatorship,” Megiddo said. “It’s unbelievable how mainstream saying that at the moment is, and that has long-term impact.”
Both supporters and opponents of the legislation in the Knesset are treating a constitutional crisis as a real possibility. The only thing they disagree about is who will be to blame — and both sides appear to be raising the stakes, vowing either to disobey government decisions, or disregard the court.
“The security situation is troubling,” said former Defense Minister Benny Gantz, an opponent of Netanyahu, in a speech last week referencing escalating violence between Israelis and Palestinians, and urging Netanyahu to pause the court legislation. “Don’t drag us into an irresponsible constitutional crisis during a security crisis.”
Netanyahu’s allies, unsurprisingly, say it is the opponents of the reform — and the justices of the court themselves — who would be responsible for a constitutional crisis, should the court strike down the law.
Striking down the reform legislation would be a “doomsday weapon,” wrote Dror Eydar, a columnist for the pro-Netanyahu tabloid Israel Hayom, in a piece titled “Inviting a constitutional crisis.” “This striking down would constitute a coup d’etat.”
(Another column four days later in the same publication, however, urged a compromise on the judicial reform in order to avert a constitutional crisis. That piece was written by Miriam Adelson, whose husband Sheldon — the late billionaire philanthropist — founded and funded the paper.)
Netanyahu’s coalition members are still worried enough about the prospect of a constitutional crisis that they’ve agreed to what they refer to as a “softening” of one piece of the legislation. Instead of giving the coalition total control over Supreme Court appointments, the new text of the bill would let the coalition control its first two judicial appointments.
“There’s no doubt that the change we made prevents any real claim that can create a constitutional crisis,” said Justice Minister Yariv Levin, who is spearheading the legislation, on an Israeli news show on Monday.
A view of the Israeli Supreme Court in Jerusalem. (Eddie Gerald via Getty Images)
But then he threw down the gauntlet: If the court still overturns the law, Levin said, “That would cross every red line. We definitely wouldn’t accept it.”
Responding to that claim, Yair Lapid, the leader of the parliamentary opposition, said that if the government disobeys the court, citizens should disobey the government.
“That’s it, the masks are off. The gun is on the table,” Lapid tweeted. “The real prime minister, Yariv Levin, is drawing us into total chaos and a constitutional crisis we won’t be able to come back from. If the justice minister is calling on the government not to obey the law, why should the citizens of Israel obey the government?”
Another Likud lawmaker, Economy Minister Nir Barkat, said he would respect the court’s ruling if it struck the law down. But in any case, the Likud bill doesn’t appear to be a promising avenue toward compromise. “This isn’t softening and compromise, this is Hungary and Poland on steroids,” Labor Party Chair Merav Michaeli said on a radio program on Monday, referring to countries where the government has increased its control over the court system. “From the start, I said we can’t negotiate with them.”
A predecessor of Michaeli’s in the Labor Party has also taken a hard line and — unlike the many voices who worry about a clash of government authorities — has suggested that he would prefer a constitutional crisis to compromise. Ehud Barak, a former Israeli prime minister, said that a constitutional crisis would force senior Israeli military commanders to take sides — and expressed confidence that they would choose to obey the courts.
“It would be a severe constitutional crisis,” Barak said in a speech last month. “That’s when the test of the gatekeepers and defenders of sovereignty would arrive: The head of the Shin Bet, the police commissioner, the chief of staff and the head of the Mossad. I’m convinced that they understand that in a democracy, the only choice is to recognize the supremacy of law and the Supreme Court.”
The mounting threats by military reservists, and comments by former military commanders opposing the court reform, may indicate that the military will opt to follow the court. But Saliternik hopes that’s a choice Israeli forces won’t have to confront.
“This is something that has never happened in Israel,” she said. “It’s so very hard to think about. I very much hope that that government will get a hold of itself and act responsibly.”
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In Israel’s election, Netanyahu faces a reckoning over Oct. 7 failure
With barely two weeks remaining before Israel’s Oct. 27 election, the country has been consumed by an extraordinary confrontation between Prime Minister Benjamin Netanyahu and senior former aides over what he knew before the Hamas massacre of Oct. 7, 2023, what he did with that knowledge and whether his office subsequently sought to rewrite the historical record.
The immediate catalyst was a bombshell television interview in recent days with Maj. Gen. (res.) Avi Gil, Netanyahu’s former military secretary, who served alongside him before and during the attack that killed approximately 1,200 people and saw 251 taken hostage. Gil had remained largely silent for three years, expecting to present his evidence to a state commission of inquiry. But with Netanyahu blocking such an inquiry, amid transparent scheming to deflect blame, Gil decided to speak publicly.
What he described went considerably beyond the failures of intelligence and military preparedness that have already been extensively documented. Gil accused Netanyahu’s office of attempting to falsify an official record from the morning of the attack. He challenged the prime minister’s account of early warnings he received. He confirmed that Netanyahu rejected recommendations for preventive military operations against Hamas. And he described how political considerations influenced decisions over hostage negotiations, potentially prolonging the captivity of people who could have been brought home earlier – and alive.
His testimony is particularly consequential because it directly challenges a 55-page document Netanyahu released in February, presenting his version of the events preceding Oct. 7. Submitted to Israel’s state comptroller, the document portrayed Netanyahu as having repeatedly advocated tougher action against Hamas while security officials underestimated the threat. It has become central to his defense against accusations that his longstanding policy of containing Hamas helped create the conditions for the catastrophe.
Gil, who attended the relevant meetings and recorded his experiences in 16 notebooks, described the published document as a profoundly incomplete and misleading account, containing lies and half-truths. It failed to reflect even half of what he witnessed.
A separate investigation published Friday by Yedioth Ahronoth, comparing Netanyahu’s account with original records of security deliberations, reported significant omissions and distortions, including instances in which Netanyahu allegedly rejected proposals to target Hamas leaders that his February document presented as initiatives of his own.
Most explosive was Gil’s account of an alleged attempt by Netanyahu’s then-chief of staff, Tzachi Braverman, to change the official time of a telephone conversation on Oct. 7 from 6:40 a.m. to 6:29 a.m. Moving the time backward could create the impression that Netanyahu had been issuing instructions from the first moments of the assault. Gil said a stenographer told him she had been instructed to alter the record, prompting him to notify the attorney general.
Nitzan Alon, another retired general who headed the government’s hostage release operation, and took part in negotiations throughout much of the war, also told reporters that “it was possible to end the war a year earlier” and save the lives of numerous hostages who eventually died in captivity.
Another remarkable confrontation involves Ronen Bar, the former head of the Shin Bet domestic security agency, whom Netanyahu has repeatedly blamed for the failures of Oct. 7. In late September, Bar announced plans to sue Netanyahu for defamation, accusing him of conducting a campaign of false allegations about his conduct before the massacre. Bar said he had warned Netanyahu about a looming security disaster and demanded disclosure of the original records of security meetings, communications and warnings, including the prime minister’s contacts with foreign officials.
Those demands have acquired additional significance amid reports that senior officials from Egypt and the United Arab Emirates warned Netanyahu about Hamas preparations shortly before the attack. Netanyahu categorically denies receiving such warnings and has threatened legal action over the reporting.
Gil’s revelations arrived alongside another striking intervention from a former Netanyahu confidant. Yoav Horowitz, , once Netanyahu’s chief of staff and director-general of the Prime Minister’s Office, told Kan’s Reshet Bet radio last week that he had gradually come to understand that Netanyahu’s decisions were driven primarily by considerations of personal political survival rather than the national interest.
Now a senior aide to leading opposition figure Gadi Eisenkot, Horowitz attributed that transformation to the corrosive effects of prolonged power, observing that “too much time in power corrupts,” and framed the approaching election as being about saving the country.
Horowitz now heads the team preparing its first 100 days in government. His criticism therefore comes from a former trusted aide who has become an active political opponent, adding another dimension to the dispute over Netanyahu’s leadership.
The question of political survival also figured prominently in Gil’s account of the hostage negotiations. Asked whether coalition pressures had influenced decisions that delayed agreements to free hostages, Gil said some hostages could have returned earlier and that political calculations had played a role in the decisions that kept them in captivity.
Netanyahu has rejected Gil’s allegations, and his Likud party has characterized the latest revelations as politically motivated propaganda. Netanyahu and his supporters maintain that senior security officials failed to recognize the imminent danger.
The country is still struggling to establish a common factual account of its most traumatic day in decades, while the officials who participated in the crucial decisions offer sharply conflicting versions of what happened. Meanwhile, the families of those killed on Oct. 7, survivors of the massacre and former hostages continue demanding answers about the decisions that shaped their lives.
The public appetite for an inquiry into the disaster is overwhelming. A September 2025 survey by the Israel Democracy Institute found that 74 percent of Israelis supported establishing a state commission of inquiry, including 68 percent of Jewish respondents identifying with the political right. A subsequent survey conducted in February 2026 found that 92 percent of Israelis considered it important to investigate the events.
The absence of such an inquiry has left journalists, former officials, politicians and bereaved families conducting an increasingly contentious public investigation of their own. Documents appear selectively, witnesses offer competing recollections, and allegations that might otherwise be tested through sworn testimony and access to classified evidence become weapons in an election campaign. With spiraling suspicions being leveled at Netanyahu, the election will take place amid unresolved questions – and a rage that grows more toxic by the day.
The post In Israel’s election, Netanyahu faces a reckoning over Oct. 7 failure appeared first on The Forward.
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Archaeologists uncover a 300-meter section of ancient aqueduct in Jerusalem
(JTA) — JERUSALEM — Israeli archaeologists have uncovered a 300-meter (984-foot) section of Jerusalem’s ancient Lower Aqueduct, providing another window into how engineers about 2,000 years ago ensured that the city would have an adequate supply of water for residents and pilgrims.
The Israel Antiquities Authority (IAA) began the dig three months ago in advance of the planned construction of a new neighborhood in East Jerusalem, at the city’s edge. Such “salvage excavations” are often carried out prior to major construction projects in Israel to ensure that any ruins discovered at the site can be mapped and protected even if they aren’t excavated at the time.
Believed to have been built in the Hasmonean period in the second and first centuries B.C.E., this engineering system carried spring water from the Gush Etzion region of the West Bank, through Solomon’s Pools south of Bethlehem, to Jerusalem and the Temple Mount. It remained in intermittent use until the early 20th century.
Although parts of the aqueduct have been uncovered in previous excavations, this is the first time such a large section will be made permanently accessible to the public, Benyamin Storchan, an IAA archaeologist and the excavation’s co-director, told the Jewish Telegraphic Authority.
Based on earlier discoveries and a wide range of research, archaeologists had strongly suspected where the newly uncovered section was located.
“We were able to work with municipal urban planners to ensure that the shape of the new neighborhood will be determined not only by its natural topography, but based on the antiquities found there,” Storchan said.
The aqueduct, the discovery of which was made public on Sunday, will be preserved as a promenade/archaeological park at the entrance to the future neighborhood by the IAA and Israel Land Authority.
Bringing Water to Jerusalem
Before the aqueduct was built, the landlocked city of Jerusalem relied on the Gihon Spring and rainfall runoff for its entire water supply, Storchan said. Under Hasmonean rule, Jerusalem’s population grew and the need for water increased. That was especially true during Jewish festival times, when pilgrims doubled or even tripled the population.
The solution involved transporting water from springs in the Gush Etzion region, a hilly area more than 800 meters above sea level. Spring water had to be channeled to collection areas, and then toward Solomon’s Pools, an extensive water-storage complex built south of Bethlehem. From there, two major aqueducts, the Lower Aqueduct and the Upper Aqueduct, carried water toward Jerusalem – a distance of more than 20 kilometers (12 miles).
The Lower Aqueduct, which appears to predate the Upper Aqueduct, “is an engineering marvel,” Amit Re’em, the IAA’s Jerusalem district archaeologist, said in a press statement. “Even today, with all our modern technology, building such a system would require extensive planning and effort. The thought that, about 2,000 years ago, they managed to bring water to Jerusalem this way is astonishing.”
Its route had to follow the contours of the rugged topography while maintaining a gentle gradient for the water to flow by gravity alone, without mechanical pumps. Along most of its route, the water dropped just one meter in elevation per kilometer.
“The newly exposed section reveals the various stages in the history of the water system,” the IAA said. “Initially, the water flowed in a built, plastered channel. Then, about 500 years ago, during the Ottoman period, ceramic pipes were installed within the original channel, the outer face of the aqueduct wall was plastered and small stones were pressed into the plaster while still wet.”
Used for about 2,000 Years
One of the aqueduct’s most remarkable characteristics was its longevity. Believed to be constructed during the Hasmonean period, it was repaired and reused through successive eras, including the Roman, Byzantine, Umayyad, Crusader, Mamluk and Ottoman periods.
The fact that various kingdoms and rulers decided to repair and not replace the water system “is one of the most fascinating parts,” Storchan said of the waterway. Rather than repurposing an older structure for a different use, successive rulers retained the aqueduct’s original purpose.”, “here we see a single installation being reused again and again for its original function.”
The aqueduct was used until about a century ago, when modern water infrastructure, including electric pumping stations, proved more efficient. Its long history of repairs, however, complicates archaeological dating, Storchan said. Those who repaired it over the millennia added plaster, repaired collapsed sections and modified the channel, sometimes obscuring evidence of the original construction.
Utilizing modern technology
Still, the latest excavation gives researchers an opportunity to reexamine longstanding questions with advances in scientific dating methods.
“Today, technology is more advanced than it was then. We’re working with all kinds of specialists to pinpoint the dating of the original construction,” Storchan said.
One such method is optically stimulated luminescence (OSL), which can estimate when mineral grains in sediment were last exposed to sunlight. Combined with the analysis of mortar, plaster and archaeological layers, the technique may help narrow the dates associated with different stages of the system’s development.
For Storchan and his colleagues, every new insight is a cause for celebration.
“Our job as archaeologists,” he said, “is to fill in another piece of the puzzle.”
This article originally appeared on JTA.org.
The post Archaeologists uncover a 300-meter section of ancient aqueduct in Jerusalem appeared first on The Forward.
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Mamdani faces growing pressure over Jewish NYPD Commissioner Tisch and over Israel from left flank
(JTA) — New York City Mayor Zohran Mamdani is facing increasing pressure from some on the leftmost flank of his voting coalition, and an ICE shooting Thursday led democratic socialist allies to add their voices to a major demand: dump police commissioner Jessica Tisch.
“The NYPD’s Strategic Response Group must be disbanded as quickly as possible, and Commissioner Tisch must step down,” said Darializa Avila Chevalier, who won her Democratic primary with Mamdani’s endorsement. The democratic socialist, who is expected to join Congress next year representing Upper Manhattan and parts of the Bronx, was referring to the heavily armed police department unit that often responds to protests.
The calls for Tisch’s removal follow strident criticism of the mayor from pro-Palestinian activists on Wednesday night who called him names, including “traitor” and “Ziohran,” when he showed up at an Oct. 7 Israeli peace vigil mourning the loss of both Jewish and Palestinian lives. The demonstrators assailed him for not doing more to advance the pro-Palestinian agenda that has long been central to his political beliefs, raising questions over whether he could lose parts of his base as he pledges to be a mayor for all New Yorkers.
The demand for Tisch’s removal came after an ICE agent shot and wounded a Dominican man in his car on Thursday afternoon while his 5-year-old son was in the back seat. Avila Chevalier, who joined protests against ICE on Thursday, wrote on X that the NYPD “spent more time protecting a militia that just shot someone than protecting New Yorkers.”
Mamdani’s decision last year to retain Tisch — a self-described “proud Zionist” who comes from a prominent Jewish family — was seen as a reassuring move by moderates and establishment Jewish organizations including UJA-Federation of New York and the Jewish Community Relations Council. (70 Faces Media, the parent company of the Jewish Telegraphic Agency and New York Jewish Week, receives UJA funding.)
A number of progressives were skeptical of the decision at the time, citing her background as an appointee of Mamdani’s predecessor, Eric Adams, and her past criticism of campus pro-Palestinian protests. Some viewed her as an impediment to criminal justice reform.
Meanwhile, some on the left have dinged him for not yet following through on campaign promises 10 months into his term, including dissolving the Strategic Response Group, or backing down from his vow to arrest Israeli Prime Minister Benjamin Netanyahu, a plan which he later said he did not have the power to execute.
Anti-Zionist groups including Pal-Awda, Within Our Lifetime and a number of student organizations who rallied against Mamdani at the Oct. 7 vigil accused him of succumbing “to Zionist pressure.” Protesters called him a “traitor” and a number of chants rang out including, “Mayor Mamdani you can’t hide, we charge you with genocide,” drowning out speakers at the vigil and forcing the organizers to move it behind police barricades to keep the protesters from overrunning the event.
Among those protesters’ many gripes with the mayor was his decision to retain Tisch. One sign at the demonstration depicted Mamdani with the text, “Chief Executive of the NYPD SRG” with a Star of David in the middle, and a name tag on the mayor’s chest reading, “Ziohran.”
Criticism was also directed at Mamdani for not stopping Israeli real estate events at synagogues, and for his strategy to combat antisemitism, released last week, which allocates funds to a number of community-based organizations aimed at preventing hate crimes. Some critics have charged that some of the funding will aid Zionist organizations.
“The Jewish community is a large part of New York and it should be cherished. But you cannot fund these Anti-Defamation Leagues that prioritize Zionism over Judaism,” a John Jay College student protester, who declined to be named, told JTA during the demonstration.
On Thursday, the Democratic Socialists of America’s New York City chapter — which Mamdani has called his “political home” — wrote that Tisch “must end NYPD complicity with ICE” and that if she “cannot put a stop to these injustices, she must be fired.”
“Abolish ICE. Disband the SRG. Fire Tisch,” wrote Illapa Sairitupac, a fellow democratic socialist who won the Democratic nomination for a Lower Manhattan State Assembly district. Mamdani endorsed both Sairitupac and Avila Chevalier this past year.
While some protesters at the vigil said they were Mamdani voters — and one speaker even identified herself as a former intern for the now-mayor — some of the mayor’s allies have stressed that the crowd protesting him was not representative of his base.
“If I had to gamble, I would gamble that the vast majority of them were people who never supported him,” activist Abby Stein told JTA on Thursday night, during the Mazals gala held by left-wing group Jews for Racial & Economic Justice. Mamdani was due to attend the JFREJ event, but because of the ICE shooting was instead in the Bronx, where he denounced the federal agency and demanded that it cease its operations in New York City.
Many of the signs excoriating Mamdani at Wednesday’s protest outside of City Hall were signed with the name of the Maoist Communist Union, an organization that opposed Mamdani before he took office. Some protesters were handing out copies of Spartacist, the Trotskyist International Communist League’s journal.
“We certainly didn’t support Mamdani or vote for him,” said Erica Jones, among the Trotskyist protesters. “We knew he was running as a Democrat and he would be as big of a sellout as AOC and Bernie Sanders and all the rest of those who claim to have, at one time, stood for socialism but in reality, stand for the capitalist masters who are oppressing us all.”
Stein, a member of the DSA in addition to JFREJ, called out some of the protesters’ rhetoric and the choice to crash the Israelis for Peace Oct. 7 vigil. But she also acknowledged that there was overlap between their demands and her views, including over the police commissioner.
“There are things that people are upset over that I think are legit — like keeping Jessica Tisch on, for example,” Stein said. “A lot of us were not very happy about it.”
Ultimately, Stein said there is “always going to be something to protest” with any politician, and pointed to a quote from New York’s mayor in the 1970s and ‘80s, Ed Koch: “If you agree with me on 9 out of 12 issues, vote for me. If you agree with me on 12 out of 12 issues, see a psychiatrist.”
This article originally appeared on JTA.org.
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