Tuesday, June 16, 2015

The ruling by the Supreme Court of the United States has nothing to do with the friendship between U.S. and Israel - Jerusalem Embassy Relocation Act - YJ Draiman



The ruling by the Supreme Court of the United States has nothing to do with the friendship between U.S. and Israel
It is strictly an issue of American Constitutional law.
Whereby The President of the U.S. calls the shots on American foreign policy and not the Senate and Congress.
If you review history previous American Presidents decision were similar.
There is an American legal decision that is as stated below:
"President Barack Obama issued a routine block to a 20-year old congressional effort to move the U.S. embassy in Israel from Tel Aviv to Jerusalem. But two decades of stalling on the relocation could soon end if the 2016 GOP candidates have their way.
Every six months, Obama sends the same memo to the secretary of state, stating the need to delay the move in order to “protect the national security interests of the United States.” The biannual letter is necessary because a law passed by Congress in 1995 requires the American embassy to be moved to the disputed city of Jerusalem by May 31, 1999.
The U.S, bill also declared that the U.S. government supported the recognition of Jerusalem as an undivided city and the capital of Israel. Congress threatened to withhold half of the State Department’s funding for “acquisition and maintenance of buildings abroad” if the Jerusalem-based embassy did not open by 1999.
The Jerusalem Embassy Act of 1995[1] is a public law of the United States passed by the 104th Congress on October 23, 1995. It was passed for the purposes of initiating and funding the relocation of the Embassy of the United States in Israel from Tel Aviv to Jerusalem, no later than May 31, 1999.
Our government has three branches. Imagine a triangle. At the top is the Executive Branch. The two bottom corners are the Judicial Branch and the Legislative Branch.
In conclusion. Israel as a sovereign nation has the duty and obligation to defend and protect its people no matter what the world nations say or do.
The World stood idle while over 6 million Jews - men, women and children were exterminated by the Nazis in WW2 and their assets stolen.
The world also stood idle while Arab countries persecuted and expelled over a million Jewish families from their countries (Jews who have lived in those Arab countries for over 2,200), confiscated their personal assets, businesses, homes and Real property (120,440 sq. km. or 75,000 sq. mi. which is 5-6 times the size of Israel, these properties are valued today in the trillion of dollars). Majority
of the million Jewish families persecuted and expelled from Arab countries were resettled in liberated Greater Israel.
YJ Draiman.
P.S.
It is and it is not. Yes the president of the U.S. is supreme in foreign affairs - but name another country wherein its capital is not determined by the nation, but the president. How would it feel if Obama decided that London is the not the capital of England? Let's assume that he decreed that it was capital of France. People born in London would then have to come to the United States on French passports!

Jerusalem Embassy Relocation Act

(October 24, 1995)


In October 1995, the Senate (93-5) and House (374-37) adopted S.1322 - the Jerusalem Embassy Relocation Act - which noted that Jerusalem is the capital of Israel and recalled several past Congressional resolutions that called for the city to remain united. The Act states that Jerusalem should remain a united city, should be recognized as the capital of the State of Israel and that the U.S. Embassy should be moved there from Tel Aviv no later than May 31, 1999.

Included in the measure is a stipulation allowing the President to issue a waiver every six months to keep the embassy in Tel Aviv if he determines and reports to Congress that such a move is necessary to protect the national security interests of the United States.

S.1322

An Act

To provide for the relocation of the United States Embassy in Israel to Jerusalem, and for other purposes.
SECTION 1. SHORT TITLE.
This Act may be cited as the "Jerusalem Embassy Act of 1995."
SEC. 2. FINDINGS.
The Congress makes the following findings:
(1)Each sovereign nation, under international law and custom, may designate its own capital.
(2)Since 1950, the city of Jerusalem has been the capital of the State of Israel.
(3)The city of Jerusalem is the seat of Israel's President, Parliament, and Supreme Court, and the site of numerous government ministries and social and cultural institutions.
(4)The city of Jerusalem is the spiritual center of Judaism, and is also considered a holy city by the members of other religious faiths.
(5)From 1948-1967, Jerusalem was a divided city and Israeli citizens of all faiths as well as Jewish citizens of all states were denied access to holy sites in the area controlled by Jordan.
(6)In 1967, the city of Jerusalem was reunited during the conflict known as the Six Day War.
(7)Since 1967, Jerusalem has been a united city administered by Israel,and persons of all religious faiths have been guaranteed full access to holy sites within the city.
(8)This year marks the 28th consecutive year that Jerusalem has been administered as a unified city in which the rights of all faiths have been respected and protected.
(9)In 1990, the Congress unanimously adopted Senate Concurrent Resolution 106, which declares that the Congress "strongly believes that Jerusalem must remain an undivided city in which the rights of every ethnic and religious group are protected".
(10)In 1992, the United States Senate and House of Representatives unanimously adopted Senate Concurrent Resolution 113 of the One Hundred Second Congress to commemorate the 25th anniversary of the reunification of Jerusalem, and reaffirming congressional sentiment that Jerusalem must remain an undivided city.
(11)The September 13, 1993, Declaration of Principles on Interim Self-Government Arrangements lays out a timetable for the resolution of "final status" issues, including Jerusalem.
(12)The Agreement on the Gaza Strip and the Jericho Area was signed May 4,1994, beginning the five-year transitional period laid out in the Declaration of Principles.
(13)In March of 1995, 93 members of the United States Senate signed a letter to Secretary of State Warren Christopher encouraging "planning to begin now" for relocation of the United States Embassy to the city of Jerusalem.
(14)In June of 1993, 257 members of the United States House of Representatives signed a letter to the Secretary of State Warren Christopher stating that the relocation of the United States Embassy to Jerusalem "should take place no later than....1999".
(15)The United States maintains its embassy in the functioning capital of every country exceptin the case of our democratic friend and strategic ally, the State of Israel.
(16)The United States conducts official meetings and other business in the city of Jerusalem in de facto recognition of its status as the capital of Israel.
(17)In 1996, the State of Israel will celebrate the 3,000th anniversary of the Jewish presence in Jerusalem since King David's entry.
SEC. 3. TIMETABLE.
(a)Statement of the Policy of the United States.—
(1)Jerusalem should remain an undivided city in which the rights of every ethnic and religious group are protected;
(2)Jerusalem should be recognized as the capital of the State of Israel; and
(3)the United States Embassy in Israel should be established in Jerusalem no later than May 31, 1999.
(b)Opening Determination.—Not more than 50 percent of the funds appropriated to the Department of State for fiscal year 1999 for "Acquisition and Maintenance of Buildings Abroad" may be obligated until the Secretary of State determines and reports to Congress that the United States Embassy in Jerusalem has officially opened.
SEC. 4. FISCAL YEARS 1996 AND 1997 FUNDING.
(a)Fiscal Year 1996.--Of the funds authorized to be appropriated for "Acquisition and Maintenance of Buildings Abroad" for the Department of State in fiscal year 1996, not less than $25,000,000 should be made available until expended only for construction and other costs associated with the establishment of the United States Embassy in Israel in the capital of Jerusalem.
(b)Fiscal Year 1997.—Of the funds authorized to be appropriated for "Acquisition and Maintenance of Buildings Abroad" for the Department of State in fiscal year 1997, not less than $75,000,000 should be made available until expended only for construction and other costs associated with the establishment of the United States Embassy in Israel in the capital of Jerusalem.
SEC. 5. REPORT ON IMPLEMENTATION.
Not later than 30 days after the date of enactment of this Act, the Secretary of State shall submit a report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate detailing the Department of State's plan to implement this Act. Such report shall include—
(1)estimated dates of completion for each phase of the establishment of the United States Embassy, including site identification, land acquisition, architectural, engineering and construction surveys, site preparation, and construction; and
(2)an estimate of the funding necessary to implement this Act, including all costs associated with establishing the United States Embassy in Israel in the capital of Jerusalem.
SEC. 6. SEMI-ANNUAL REPORTS.
At the time of the submission of the President's fiscal year 1997 budget request, and every six months thereafter, the Secretary of State shall report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate on the progress made toward opening the United States Embassy in Jerusalem.
SEC. 7. PRESIDENTIAL WAIVER.
(a)Waiver Authority.—
(1) Beginning on October 1, 1998, the President may suspend the limitation set forth in section 3(b) for a period of six months if he determines and reports to Congress in advance that such suspension is necessary to protect the national security interests of the United States.
(2)The President may suspend such limitation for an additional six month period at the end of any period during which the suspension is in effect under this subsection if the President determines and reports to Congress in advance of the additional suspension that the additional suspension is necessary to protect the national security interests of the United States.
(3)A report under paragraph (1) or (2)shall include—
(A)a statement of the interests affected by the limitation that the President seeks to suspend; and
(B)a discussion of the manner in which the limitation affects the interests.
(b)Applicability of Waiver to Availability of Funds.—If the President exercises the authority set forth in subsection (a) in a fiscal year, the limitation set forth in section 3(b) shall apply to funds appropriated in the following fiscal year for the purpose set forth in section 3(b)except to the extent that the limitation is suspended in such following fiscal year by reason of the exercise of the authority in subsection (a).
SEC. 8. DEFINITION.
As used in this Act, the term "United States Embassy" means the offices of the United States diplomatic mission and the residence of the United States chief of mission

1 comment:

  1. CHURCHILL ON ISLAM Unbelievable, but the speech below was written in 1899.
    (Check Wikipedia - The River War). The attached short speech from Winston Churchill, was delivered
    by him in 1899 when he was a young soldier and journalist. It probably sets out the current views of many,
    HERE IS THE SPEECH:

    "How dreadful are the curses which Mohammedanism lays on its votaries! Besides the
    fanatical frenzy, which is as dangerous in a man as hydrophobia in a dog, there is this
    fearful fatalistic apathy. The effects are apparent in many countries, improvident habits,
    slovenly systems of agriculture, sluggish methods of commerce, and insecurity of property
    exist wherever the followers of the Prophet rule or live. A degraded sensualism deprives
    this life of its grace and refinement, the next of its dignity and sanctity. The fact that in
    Mohammedan law every woman must belong to some man as his absolute property, either
    as a child, a wife, or a concubine, must delay the final extinction of slavery until the faith
    of Islam has ceased to be a great power among men. Individual Muslims may show
    splendid qualities, but the influence of the religion paralyses the social development of
    those who follow it. No stronger retrograde force exists in the world. Far from being
    moribund, Mohammedanism is a militant and proselytizing faith. It has already spread
    throughout Central Africa, raising fearless warriors at every step; and were it not that
    Christianity is sheltered in the strong arms of science, the science against which it had
    vainly struggled, the civilization of modern Europe might fall, as fell the civilization of
    ancient Rome."

    Sir Winston Churchill; (Source: The River War, first edition, Vol II, pages 248-250 London).

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