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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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The Science Behind Streak-Free Windows: What Professionals Do Differently
When it comes to window cleaning, nothing beats the satisfaction of streak-free, crystal-clear glass. But achieving this pristine finish isn’t as simple as grabbing a cloth and some spray. Professional window cleaners have mastered the science behind streak-free windows, using specific techniques and tools to deliver flawless results. Here’s what they do differently and why their methods are so effective.
1. Using the Right Tools for the Job
Professionals don’t rely on standard cleaning products or paper towels to get the job done. Instead, they use high-quality tools specifically designed for window cleaning. Key items in their arsenal include:
- Squeegees: The cornerstone of any professional’s toolkit, squeegees ensure even water removal, leaving no streaks behind. The rubber blades are replaced regularly to maintain their effectiveness.
- Microfiber Cloths: Unlike traditional rags, microfiber cloths are lint-free and highly absorbent, making them perfect for detailing and edge cleaning.
- Specialized Cleaning Solutions: Professionals often use eco-friendly, ammonia-free solutions that dissolve dirt and grease without leaving residues.
- Water-Fed Poles: For high-rise or hard-to-reach windows, water-fed poles equipped with purified water systems are used to clean without streaking.
2. The Importance of Purified Water
One of the secrets to streak-free windows lies in the water itself. Tap water contains minerals, salts, and impurities that can leave behind spots and streaks when it dries. Professionals use purified water systems that remove these contaminants, ensuring a spotless finish.
Purified water also has a natural ability to dissolve dirt and grime more effectively than regular water. When combined with the right tools, it creates the perfect formula for crystal-clear windows.
3. Perfecting the Technique
The way professionals clean windows is just as important as the tools they use. Here are some techniques they employ to achieve streak-free results:
- Pre-Cleaning: Before tackling the glass, professionals remove loose dirt and debris from the surface to prevent scratches.
- Systematic Movements: Using a squeegee, they clean in overlapping strokes, starting at the top and working their way down. This ensures no spots are missed and prevents water from dripping onto already cleaned areas.
- Edge Detailing: Professionals pay special attention to the edges and corners of the glass, where streaks are most likely to form. Microfiber cloths are often used for this step.
- Drying Techniques: Any remaining water is carefully wiped away to prevent streaking. This step is crucial, especially in areas with high humidity.
4. Timing Matters
Professional window cleaners know that timing can make or break the outcome. Cleaning windows on a sunny day might seem like a good idea, but direct sunlight causes cleaning solutions to dry too quickly, leaving streaks behind. Professionals prefer overcast days or cooler parts of the day to ensure optimal results.
5. Safety First
For high-rise buildings or windows in hard-to-reach places, safety is a top priority. Professionals use specialized equipment like harnesses, ladders, and scaffolding to ensure they can clean effectively without compromising safety. This expertise allows them to tackle challenging jobs while maintaining streak-free quality.
6. Experience and Training
What truly sets professionals apart is their experience. Years of practice have honed their skills, allowing them to identify and address potential issues, like hard water stains or stubborn grime, before they become a problem. Their training ensures they can adapt to different types of glass and environments, delivering consistent results every time.
A Trusted Name in Toronto
When it comes to achieving streak-free windows, Toronto Window Cleaners has perfected the art. With over 20 years of experience, their team of fully trained and certified professionals uses advanced techniques and tools to deliver exceptional results. Whether it’s a residential property or a high-rise building, they’ve built a reputation for excellence across the Greater Toronto Area.
In conclusion, the science behind streak-free windows is a blend of using the right tools, employing expert techniques, and understanding the conditions that impact cleaning results. By trusting professionals, you’re not just ensuring sparkling windows—you’re investing in a methodical process that guarantees perfection every time.
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Memoir of child of Holocaust survivors takes riveting twists
Book Review by Julie Kirsh (former Sun Media News Research Director)
Exclusive to The Jewish Post
“We used to Dream of Freedom, A Memoir of Family, the Holocaust, and the Stories We Don’t Tell”
By Sam Chaiton (Dundurn Press) 2024
Sam Chaiton’s memoir of growing up with Holocaust survivor parents in downtown Toronto in the 1950s is a compelling read.
Jeanne Beker, a well known Toronto fashion writer, mentions in her praise for “We used to Dream of Freedom” that her survivor parents talked incessantly about their war experiences.
My own parents, both survivors, would drop tidbits of their stories now and again. I learned to be watchful and vigilant for these rare moments of revelation. However, questioning my parents about the Holocaust, would cause them pain. I knew when to stand down.
In his memoir, Sam Chaiton tells the reader that his parents chose to remain completely silent about their wartime experiences. Poignantly their son was left with a silence that he interpreted as huge empty sound. Although the son could understand some Yiddish, his parents turned to Polish in order to keep the “kinder safe”. Outright denial of illness and death was part of his parents’ way of coping.
Born in the 1950s on Palmerston Boulevard in downtown Toronto, Chaiton paints a vivid picture of his youth as the middle son of five boys. He describes the mayhem of a household of barked orders and punishment by his father’s belt. His mother, as with many other survivors, was obsessed with eating and food. Chaiton learned early that rejecting his controlling mother’s food was one of his few weapons. “It’s hard not to do what a Holocaust survivor wants you to”, he says. Chaiton had to stare down two parents both with tattoos.
Dance proved to be a saving grace for Chaiton. On the dance floor, with a partner, the gates of happiness and permission to be oneself, opened. The Toronto Dance Theatre in Yorkville was a salvation and home for Chaiton. Also important to Chaiton was a family – not his troubled blood family but a chosen one – a commune.
In 1973, after a sojourn in New York, Chaiton decided that he was not a performance dancer. Back in Toronto as he pointedly danced with his mother at his brother’s wedding, she told him that he was her favourite child, imposing “the psychological damage that parental favouritism caused”.
Living in a commune with a chosen family afforded Chaiton the freedom to dig deep into his psyche, face his traumatic upbringing and tear down the rigid rules of society and the biological family. At a certain point, for reasons he explains in the book, Chaiton made the decision to vanish from the lives of his parents and brothers.
In 1980 the commune took up the cause of the injustice and illegal jailing of Rubin “Hurricane” Carter. Carter had been exonerated, released from prison and then reconvicted and sent back to prison.
In hindsight Chaiton wonders if his disengagement from his family caused them the same wounds and feelings of emptiness that Carter had to face when he was reincarcerated.
In 1985 while sitting in a New Jersey prison yard with friends and Carter, Chaiton had the riveting vision that he was in a concentration camp, “on a mission to liberate (his) parents – the dream of every Holocaust survivor’s child.”
In the summer of 1985, Chaiton received the news from Toronto that his parents were involved in a fatal car accident. Only after his mother’s death, was Chaiton able to acknowledge that in spite of her smothering, she gave him a sense of self worth and strength.
In 1988 Chaiton co-wrote the story of freeing Carter. One of his brothers saw him on a news broadcast, contacted him and the 20-year silence between Chaiton and his blood family was over.
Riding on the coattails of the successful release of Carter, Chaiton and some friends established an organization that continues to exist today. Innocence Canada has helped wrongfully convicted people like Guy Paul Morin, David Milgaard and Steven Truscott.
In chapter 16, entitled Wierzbnik, Chaiton finally learns about his father’s testimony published in a book, “Remembering Survival”, by a university professor. Reading about his father’s history helped Chaiton to understand the damage done to survivors, his parents’ trauma and why the home that they created for their sons after the war was so fraught.
Chaiton remarks on the interconnectedness of learning about the sufferings of his parents, his own personal struggles and the gift his father left him of being able to tell his own story.
Sam Chaiton’s profound memoir took courage and brutal honesty to write.
His book teaches that the legacy left by Holocaust survivors, along with a deep sadness, is the innate need of the children to persevere and find their own path of survival and growth.
Obituaries
CAROL SLATER (née GENSER)
With great courage on Wednesday, November 6, 2024, surrounded by her family.
Treasured daughter of the late Esther and the late Percy. Beloved wife of Ron for 69 years. Loving mother and mother-in-law of Charles and Dina Slater, Erin and Joe Battat, Adam and Kit, Claudia and the late David. Cherished grandmother of Zach, Robert and Hydi, Ben and Martha, Liam and Addison, Thom and Emeline, Max, Ilai, Emanuelle and Eli. Proud great-grandmother of Rafael, Lily, Maya, and Jojo. Special sister and sister-in-law of David and Joan Genser, Roberta and Mayer Lawee; and sister-in-law of Joel and Sheila Slater. Greatly missed by her nieces, nephews, family, friends and by all who knew her.
The family would like to thank Drs. Shamy, Lipes, Chang, the doctors, nurses and staff at the Jewish General Hospital Palliative Care Unit as well as DeyDey, Linette and everyone who took such wonderful care of our Mom.
Funeral service from Paperman & Sons, 3888 Jean Talon St. W., on Sunday, November 10 at 9:30 a.m. Livestream available. Burial in Israel.
Donations in her memory may be made to the “Carol and Ron Scholarship” c/o Mothers Matter Canada 1-604-676-8250
Publish Date: Nov 9, 2024
CAROL SLATER
(née GENSER)
With great courage on Wednesday, November 6, 2024, surrounded by her family.
Treasured daughter of the late Esther and the late Percy. Beloved wife of Ron for 69 years. Loving mother and mother-in-law of Charles and Dina Slater, Erin and Joe Battat, Adam and Kitt, Claudia and the late David. Cherished grandmother of Zach, Robert and Hydi, Ben and Martha, Liam and Addison. Proud great-grandmother of Rafael, Lily, Maya, and Jojo. Special sister and sister-in-law of David and Joan Genser, Roberta and Mayer Lawee; and sister-in-law of Joel and Sheila Slater. Greatly missed by her nieces, nephews, family, friends and by all who knew her.
The family would like to thank Drs. Shamy, Lipes, Chang, the doctors, nurses and staff at the Jewish General Hospital Palliative Care Unit as well as DeyDey, Linette and everyone who took such wonderful care of our Mom.
Funeral service from Paperman & Sons, 3888 Jean Talon St. W., on Sunday, November 10 at 9:30 a.m. Live stream available. Burial in Israel.
Donations in her memory may be made to the “Carol and Ron Scholarship” c/o Mothers Matter Canada 1-604-676-8250
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