Author: p_c_neary@hotmail.com

As I write this, Israel is pounding the Gaza strip with munitions, and starting its ground offensive into the tiny, heavily-urbanized area. Several Arab states, news networks, and pro-Palestinian groups have already called these actions “war crimes.” Others have stated the current conflict must take account of the decades of Israeli “occupation” of formerly Palestinian territory, as well as the degraded treatment of the Palestinian people therein. The UN Secretary General opined people need to understand “the context” of the current war. A US State Department employee resigned in protest over the US provision of weapons to Israel, citing the fact such weapons “could be used for war crimes.” And even the President of the United States, while maintaining total support for Israel’s right to self-defense, has voiced “concerns” over the conduct of ground operations in the Gaza strip.

The Catholic theologians (and Saints) Augustine and Thomas Aquinas put forward the basic principles of Just War theory, Augustine in the 5th century later embellished by Aquinas in the 12th. Those principles have stood the test of time, being codified in various international treaties and conventions. There are two fundamental questions: whether the war itself is “just” and whether the war is being conducted “justly.” The points are independent: you can fight a just war unjustly, and you can fight an unjust war justly. Let’s examine whether Israel is engaged in a just war, and whether it is conducting it “justly.”

The principles of a just war (jus ad bellum, for those who had Latin inflicted upon them) are thus:

• Just Cause. The damage inflicted by the aggressor must be lasting, grave and certain. Here there is little doubt that the terror attack of October 7th qualifies.
• Proper Authority. War may only be declared by a legitimate government on behalf of its people. The Israeli administration at the moment of the attacks was quite divisive, but in a true show of support, all sides formed a national unity government to declare and conduct the war.
• Right Intention. The purpose of the war must be the stated intention, not masking another motivation. This is always tricky. The stated purpose of Israel’s war is to eliminate Hamas, and that would qualify as just. Some claim Israel really wants to ethnically cleanse Gaza, or kill Palestinians, citing remarks by some Israeli officials. The final answer here must wait, but the stated intent suffices in the meantime.
• Last resort. All peaceful alternatives must be exhausted, ineffective, or impractical. Given that Israel has left Hamas to run Gaza for more than a decade of missile barrages and terror attacks, resulting in only more of the same, this point is met.
• Proportionality. The good achieved must not be outweighed by the harm done. Another tricky one. Ending Hamas’ reign of terror for Israel AND for the Palestinians in Gaza is a pretty big deal, but it can’t come at the cost of destroying all of Gaza, either. Israel has not suggested the latter, so they again meet the standard. But it must also be understood that this criterion is not some absolute check on military force: there is no such thing as a hostage-veto or an innocent victim-veto on war.
• Probability of success. There must be a reasonable chance of achieving the war’s stated purpose. Few doubt the Israeli Defense Forces (IDF) abilities here; many question the relative costs.

By these standards, Israel is engaging in a just war. This determination can be reviewed, for example, if a secret Israeli memo came to light calling for the eradication of the Palestinian people rather than simply Hamas. But claiming this is their intent is insufficient.

But is Israel conducting this war justly? Here are the criteria for fighting a war justly (jus in bello):

• Discrimination. Armies should fight armies, and strive not to intentionally inflict harm on non-combatants. The IDF directed Palestinians to evacuate the northern half of the Gaza strip. While many humanitarian organizations decried the 48 hour deadline Israel announced, in fact the IDF waited weeks before ground operations commenced. Notifying civilians where they should not be also tells Hamas where the attack will come, so the IDF has gone above and beyond initially. Compare that to Hamas, which ordered Palestinians to stay in place. What about the thousands of IDF strikes in Gaza since the October 7th terrorist attack? Hamas (and other groups) have continued to launch rockets and missiles in response, so they retain some offensive capability. Video footage shows the results, but also attests to the fact that the Israelis are using precision-strike munitions to take down individual buildings. Even the pattern of destruction demonstrates the bombings are part of a coordinated effort to assist the ground operation, establish a new buffer zone, and isolate Hamas fighters, all legitimate targets. So the IDF is currently meeting this standard for fighting justly.
• Due proportion. Combatants must use only the means necessary to achieve their objectives. This principle is best explained at the extreme. For example, the IDF almost certainly has tactical nuclear weapons. They could blast Hamas and the entire Gaza strip into nothingness with a round or two, accomplishing their stated objective of eliminating Hamas but at an inhumane cost in innocent life. In the real world, this principle is much more debatable. What about the 8,000+ (and growing) list of Palestinians who have already been killed since October 7th? First off, this total is supplied by the Hamas-run Gaza Health Ministry. Many aid agencies claim that past data provided by Hamas has been accurate. There are two problems with this claim. First, the data does not indicate if the deceased were members of Hamas: so it mixes innocent civilians with legitimate military targets. Second, this same ministry immediately blamed the IDF for the explosion at the al-Ahli Arab Hospital, claiming 500 people died. The ministry provided no evidence of the casualties, nor of the bomb. Subsequent analysis by several news organizations and the US Intelligence Community concluded the explosion was not an IDF strike, was most likely caused by a malfunctioning Palestinian rocket, and the casualty counts were inflated.

During the initial attack on October 7th, over 1,200 Jews were killed and over 4,200 were injured. Even accepting the Hamas data, the IDF has thus far met the standard of proportionality. The debate about proportionality will be an ongoing one as the war continues.

Even if Israel has met the technical standards for starting a just war and is currently fighting it justly, what about the larger claims of Israeli occupation and mistreatment of the Palestinians? Much is made of the Israeli total blockade of Gaza. However, international law permits Israel to ensure no military resources enter Gaza, and Hamas admits it has food and fuel stockpiles which it is not sharing with the Palestinians. Hamas has also rejected US and Israeli offers of humanitarian aid. Likewise, Israel does not control the flow of refugees out of Gaza; Egypt does, as does Hamas. No Arab nation has (as of yet) agreed to accept Palestinian refugees from Gaza. One further point which merits consideration: Hamas has denied that its attackers committed any atrocities on October 7th, despite video evidence to the contrary. Hamas further claims that “average Palestinians” rose up on October 7th and took revenge on the Jews, committing the atrocities shown in the videos. So those who claim Hamas is trustworthy must admit that “average Palestinians” perhaps are not as peace-loving as depicted by some. Finally, Hamas admits it holds hundreds of innocent hostages in violation of international law.

How will the IDF ground attack play out? As this map shows, the IDF will most likely occupy the area around the wadi al Gaza, which splits the Gaza strip in two. They will then reduce (military term) the area north of the wadi by destroying any remaining Hamas fighters, who will be cut-off from Hamas supplies and leadership south of the wadi. Once Hamas in this area is destroyed, Israel will declare this northern half of Gaza as a demilitarized zone under international authority (probably inviting the UN to administer it). Palestinians would be invited to return to this area, after being checked for Hamas affiliation. Israel will establish a new border zone, probably about two kilometers into the Gaza strip, which the IDF will treat as a free-fire zone complete with mines, obstacles, and walls (several layers). Any person or thing moving into this zone will be targeted and eliminated. All this could take months.

What happens after that depends on how the first phase goes. Does Israel then reduce the southern portion of Gaza, up to the Egyptian border? If the first phase went well, with fewer casualties and destruction, perhaps so. Does Israel invite non-Hamas Palestinians from the southern portion of Gaza to return? Does it give Hamas safe passage out, as it did with Yassir Arafat and his Palestine Liberation Organization when Israel besieged them in Beirut in 1982? If there is widespread destruction and international outrage, perhaps the Israeli government chooses this option. And once Hamas is gone and the threat Gaza posed neutralized, the Israeli government has a lot of soul-searching to do about its failure to anticipate the attack, to respond quickly and to come to grips with how Jewish or secular a nation it chooses to be. Certainly the Netanyahu government faces an accounting.

What of the Palestinians in Gaza? It is true that peace cannot be achieved by the Israeli eradication of Hamas. Peace can only happen when Palestinian leaders are honest with their own people and accept the following, which are all facts on the ground:

• Israel is a Jewish state, and it has a right to exist.
• Because of its long history of violent resistance, a future Palestinian state must be demilitarized, and may not be a base for attacks against Israel.
• Jerusalem will remain a part of (and the capital city of) Israel, while peaceful Muslims will be free to worship at the al-Aqsa mosque complex.
• Eventually, the strong, militarized border between Israel and Palestine may become more like a normal border between normal countries.

That’s it. If the Palestinians had accepted the initial UN offer, they would have had much more, including part of Jerusalem. If they had accepted the Oslo accords in 1993, they might have avoided the walls which now enclose them. If Gazans had not turned to Hamas, they would have avoided the destruction which now engulfs them. At every inflection point, the Palestinian people have made the wrong choice. Here’s a prayer they finally make the right choice now.

Watching the Biden Administration re-enact a scene from the Marx Brothers Duck Soup movie the other day prompted me to pen this overly long post. My apologies. I hope to keep it informative and entertaining despite its length.

Why Duck Soup you ask? Because of the absurdity of the claims made. On a single day, DHS Secretary Mayorkas said he had to act to waive several federal environmental regulations which prohibited construction of additional border wall along the US-Mexican border. OK, why? Because under American appropriations law, the money had to be spent for that, as that it is what it was designated for back in 2019 under the Trump administration. And now the money would expire if it wasn’t spent. So far, so good. All this is true. Then he went on to explain that there is a migrant crisis at the border, which justifies waiving the environmental regulations. Over 100,000 parents traveling with children crossed the border last month, an all-time record. Ummmm, but, well, that new border wall is only a few tens of miles long, and it’s not popping up overnight, but hey, ok, we’re still good.

Except the Secretary could have just refused to waive the environmental regulations, and what would have happened? The money would not have been lost: it just would not have been spent. Money we didn’t have (remember, all this is deficit spending, as we have been running a deficit annually for decades now) would not have been spent. So there must be a real migrant crisis, and the wall must help, right?

Except President Biden repeated Mayorkas’ claims about “havng to build the wall,” then added ‘No, a wall does not work.’ Then Mayorkas had to backtrack and agree with the President, but continue to claim he “had to spend the money.” Which was false. Which means the administration realizes it is under political pressure from all sides about the border and immigration, and it would rather lie and look like it’s doing something, even if that something doesn’t do anything in the President’s opinion.

Hence Duck Soup.

To figure all this out, you need to know politics, appropriations law, immigration trends, and some international economics/trade. Hence the administration thought they could get away with it. Even mainstream media uncritically reported the claim “the money had to be spent.” If there is appropriated money which expires, but it is prohibited by other federal law from being spent, it does not have to be spent. Period.

La frontera, the border in Español, is a fraught topic. Unlike the Canadian-American border, which is far longer and still practically unregulated, the Mexican-American border is freighted with much history. It’s still the most permeable international membrane in history, with good reason. What crosses it is what makes it so important, so difficult to address, and so likely to make fools of idealists, politicians, and demagogues. And what crosses it in order of importance are money, drugs, people, and guns.

MONEY

For two centuries, la frontera was much like any other border: a sleepy land of lines where laws changed and nothing much else. There were national rivalries, some crime, an occasional invasion or raid, and that’s it. America grew into a world power and Mexico remained in the immortal words of Porfirio Diaz “so far from God, and so close to the United States.” Mexico advanced economically, too, but remained deeply entrenched in what was then-called the Third World. Then NAFTA, the North American Free Trade Agreement, happened. NAFTA integrated the American, Canadian, and Mexican economies to an unprecedented degree.

H. Ross Perot was right about one thing: the giant sucking sound you heard was jobs moving to Mexico. What he got wrong was the notion that there are a finite number of jobs and when Mexico gained one, America lost one. The effect on Mexico was profound, and its economy grew immensely, now the 14th largest in the world. Yes, some American business sectors suffered mightily, and individual Americans lost jobs in those sectors, but that was inevitable. All NAFTA did was decide who the winners were: China, Korea, Vietnam or Mexico. NAFTA picked Mexico. And all that did was make Mexico into a stable economy, give it a middle-class, and reduce the flow of Mexican migration into America. Pretty good deal, no?

Another effect was to make Mexico and America inevitably into each other’s largest trading partners, with thousands of business sectors where parts of the final product or service are seamlessly produced and assembled without legal friction. Our economies are integrated, and like Siamese twins, they can’t be easily disentangled. China tried to do it, and almost did, but the political and economic fall-out of the pandemic made American officials realize that friend-shoring (i.e., trading with close, friendly countries you can rely on) is essential. You don’t want to find out that all your medical gear and drugs are made by the angry country that might have just caused the pandemic, do you?

One last thing about money at the border. Because of historic migration trends and the continuing need for migrant labor, there are many ethnic Mexicans living in the United States. How many? Thirty-seven million approximately, making them one of the largest ethnic contingents in the American melting pot. And since la familia is everything in Mexican culture, they send money home to la familia. Called remittances, Mexicans in America used digital wire services to send a record sixty billion US dollars home to Mexico last year, amounting to four percent of Mexico’s GDP.

In summary, more money transits la frontera than any border in world history. It is uniquely permeable, and both countries have spent a lot of time and effort to make business work effortlessly across it. No one can stop that for long, or change it significantly, without changing the basic structure of both nations’economies. And since it works so well, no one really wants to. The European Union has spent five decades trying to build something similar with mixed results. The United States and Mexico did it without really trying.

DRUGS

Believe it or not, the second most important thing crossing la frontera is drugs, and that is actually a subset of the money/trade aspect. Illegal narcotics are essentially just another product/service, wanted by some, provided by others. When something is legal or permitted in one place, but illegal or prohibited in another, clever people find a way to move it from one to the other to make money.

I am going to say something that will make my conservative American friends a little angry. The problem with drugs is not Mexico. It is America. Now for my liberal friends? The solution to drugs is not their decriminalization or legalization. The solution to drugs is ending American demand.

Mexico is only the focus of drug trafficking because of the fact of la frontera. Anybody who watched the original Netflix Narcos series knows the original cartels were Colombian, and the Mexicans were only middlemen who figured out how to muscle in on the business. Now the Mexican cartels are the biggest players, and that has caused untold death and mayhem in Mexico. Believe me when I say the vast majority of Mexicans would gladly accept the end of the reign of narcotraficantes, and in fact pray for it every day. No one is winning here.

Like any market, the drug trade has changed over time, responding to the changing consumer tastes in America. What started as mules (human and equine) carrying marijuana bales over mountain passes led to bricks of cocaine loaded in submarines and to packages of meta-amphetamine hidden in truck engines. Now the narcos have moved their dope-growing into America as individual states relax possession laws and the cartels focus on fentanyl. Why fentanyl? It’s an advanced, synthetic (nothing to grow), pain-reducing, euphoria-producing opioid, a miracle of modern medicine. Except it’s also highly addictive, cheap and easy to produce, and incredibly lethal in even tiny doses. A gram of fentanyl is fifty times more powerful than pure heroin, and there are versions one-hundred times more powerful than that. Added to other drugs, it increases the effects at zero-additional cost. Except those adding it along the supply chain don’t know who has added how much, so you get a record of over 100,000 America accidental overdose deaths in 2022.

Now you might think the cartels would NOT want to kill off their customers, but being the good businessmen they are, they realized long ago that American demand for drugs is what economists call “inelastic.” That is, no matter how much it costs in money, violence, death, or misery, there is unlimited continuing demand. So throw another fentanyl brick on the Bar-B! And how easy is it to produce? You need the raw materials, which are basically powders, and a pill or brick-making machine which is about the size of a home coffee pot. So when politicians start talking about taking out the fentanyl labs, stop listening, because they are speaking gibberish.

Why can’t America stop the drugs from entering? Too much legitimate trade crosses the border every day. We would have to stop the economy to stop the drugs. The drugs are too easy to hide, too easy to change transit methods (mules, slingshots, submarines, drones, trucks, tchotchkes, tourists, day-trippers, etc.), too easy to write off if they’re discovered, and it’s even too easy to bribe US Customs and Border Protection personnel. If Mexico disappeared tomorrow, we’d have the Canadian cartels to deal with the day after tomorrow. As the decriminalization and legalization experiment in the various states plays out, we will only change where and how America experiences its drug-induced misery and death. Until Americans stop craving drugs.

There is a final, cautionary note. Late in the 18th and early 19th century, The British Empire brought the Chinese Middle Kingdom to its knees, literally. It did so with the strength of the Royal Navy, the economic power of industrialization, and the subversive provision of opium, of which the Chinese simply couldn’t get enough. The leaders and the led in China gave up territory (e.g., Hong Kong, Macao), sovereignty , and their dignity, leading to what the Chinese called the Century of Humiliation. Current Chinese President Xi has called his efforts to lead China the fitting rejoinder to the lost hundred years. Is it any wonder the Chinese see the delicious irony in providing fentanyl precursors (and other drugs) to the cartels for sale to America?

PEOPLE

While desperate videos of asylum-seekers picking their way through razor-wire capture our current attention, the flow of people is only the third most important thing crossing the border. Why does the humanitarian aspect pale in comparison? Because of its size. No, really. That portion of it is so small!

Over three hundred million people, ninety million cars, and 4 million trucks cross la frontera every year. The border zone is incredibly integrated, even more so than the national economies. Mexicans shop at the big malls in Laredo, send their kids to private schools in El Paso, even drive to see the Buc-ee’s north of San Antonio. Americans cross to get dental crowns, prescription drugs, cosmetic surgery, even cheap daycare. Sometimes the crossing takes a long time, sometimes it’s fast, but it keeps happening every day. And the thing is, all these people go home every night. If they wanted to, they could stay, Americans in Mexico or Mexicans in America. But they don’t. They like their homes, their communities, their culture. They like visiting el otro lado (the other side), and that’s it. This is the daily fact of life along the border, and no politician or party or policy is going to change it.

Depending on the relative economic conditions in both countries, many young Mexican men (mostly) and women (some) head north for better paying jobs. Most do so temporarily, sending those remittances home, saving up money to move back home to Mexico and buy a casa or start a tienda, which earlier they could never hope to do in Mexico. Some stayed in America, like most ethnic arrivals there do. But consider this: is there any other ethnic migration to America that has had as many returnees as Mexico has? Like those living on la frontera, most Mexicans really like being Mexican, living in Mexico, eating Mexican comida and living la cultura de la famila mexicana. Believe me, they respect the United States, they wonder at the United States, they compete in futbol with the United States, and man do they like potato chips and Coca Cola! If all of Mexico really wanted to be in America, they could get here in about a week. Just sayin’.

What about some of the most common fake news themes regarding migrants?

• Taking American jobs? At times, America had worker visas for Mexican migrants to work in the harvest period for various crops, jobs which even 1960s-era American teenagers and twenty-somethings wouldn’t take. It helped to regulate the movement of migrants, and there is still a need for such workers today, even though few Mexicans need those jobs now (it’s mostly other Latinos, now).
• Are migrants a means of drug-trafficking? They were once upon a time, much like bootleg stills were a thing during 1920s Prohibition. But the drug trade is a major multinational business now, and handing fentanyl bricks to desperate, illiterate peasants is not an effective distribution system. So yes, you may find some enterprising coyote ad-libbing with some drugs and migrants on the side, but this is not the drug problem, any more than your batch of home-brew beer is the alcohol problem. A bigger issue is that the narcos realized that due to America’s dysfunctional immigration system, the cartels could use their old cross-border routes to smuggle illegal migrants. Here’s the real genius: the cartels only need to get the migrants across the border–it doesn’t matter if the migrants get caught! The Americans either let the migrants stay, or they return them to Mexico. Either way, the cartels get paid once, or twice, with no downside.
• Are most migrants criminals? Well, by definition, almost all are since they violate some law in crossing the border, a technicality but one worth remembering. You’ll find no group more irritated by illegal immigration than legal immigrants for that very reason, even when talking about their own ethnic relations! But such immigrants are not more likely to commit crimes in America, when considering their economic status. Poor people get desperate. Given that being convicted of a crime is a sure-fire way to get deported, most illegal immigrants are fearful of the American justice system (they also have no experience in a “just” justice system) and are more likely to be victims of crime than perpetrators.

What is absolutely true about the number of people migrating into the United States is this: the absolute number America can accept is huge, almost immeasurable. The absolute number your community can accept is small, almost unnoticeable. America is so vast, with so many towns and cities and space, it could easily absorb huge numbers of migrants. But of course, not all at once. Homes and businesses and schools don’t spring up overnight. You can’t integrate people into a country when you can’t even speak their language, let alone know anything about their culture. Mexicans and Americans have been practicing this dance for centuries, and we’re pretty good at it. But now we’re dealing with Venezuelans, Nigerians, Afghans, Russians, Chinese, Cubans, Haitians, et cetera. There is unlimited demand for migration to the United States, because all those peoples realize something many Americans have forgotten: maybe it’s not a bad place after all. There has to be limits, rules, and a line. It is only fair to those who are here, those who already came her, and those who want to come here.

If America can accept many more migrants, it can only do so willingly in the mind of the polis, the public. Migrants are statistics, people happen in real places. When it happens to you, it becomes real. See how quickly those sanctuary cities lost their lofty ideals when the migrants actually took them up on the offer of sanctuary? It is not racist or nationalist to want your neighborhood to be the way it was when you moved there; it’s human.

The sensitivity among some Americans to immigration always appears shortly after an especially large influx. America has five percent of the world’s population and twenty percent of its migrants. Our current forty-five million migrants are more than the next four countries combined. That total represents almost fourteen percent of America’s population, just short of the all-time record of fifteen percent set back in 1890. That’s the period of the Know-Nothings, the anti-Catholic Blaine laws, the Chinese Exclusion Acts, the “Irish need not apply” signs.

People can accept change, but not too much, and not too fast. I live in an area which is sometimes called Gringolandia by locals, as so many American and Canadian expats live here the culture is different than the rest of Mexico. Can it cause some resentment? Yes. Does it create new opportunities? Yes. Is it manageable, if it happens slowly as opposed to in a rush? Yes. If you go into the southside of Chicago (be careful when you do!), you can probably find a ethnic Nigerian-community Catholic Church, with huge murals left of La Guadalupana (from the previous Mexicano worshipers) on the walls in the once-Polish neighborhood parish of St. Stanislaus. Change happens. America is actually good at it. And we need more Americans, wherever they come from!

GUNS

Weapons are the least important thing crossing the border, but they merit consideration, as some (especially in Mexico) contend they are an issue. Let’s see why. In case you haven’t heard, Mexico has a drug-cartel-violence-murder problem. How big a problem? Almost 43,000 homicides last year, putting them in the category of places like South Africa or Syria. Thousands of people go missing, usually the result of cartel attempts at intimidation, recruiting, or vengeance. The cultura of the extended Mexican family means most everybody has a relative involved in the drug trade. Which puts most everybody at some risk. This is also why targeting the cartels hasn’t worked so well for either the American or Mexican governments: you inevitably kill someone’s cousin, which means six new primos are aggrieved.

So are guns fueling the violence in Mexico? Well, if the cartels only had machetes, things might slow down a little, of course. The issue is what type of guns, from where? Mexico’s constitution contains the right to bear arms, just like that in the United States. However, legal weapons here are strictly regulated by type and number and use, and there is only one store, run by the Mexican Army, which retails weapons. Yet guns are everywhere, and so are gun homicides. The fact is, back in the 1970s, the Soviets flooded Central America with hundreds of thousands of cheap, reliable AK47s and other semi-automatic weapons, hoping to spark revolutions and keep the Gringos busy in their backyard. The AK47 is like a diamond: it is forever. Dig it up from a cache, oil it, clean it, and it fires like the day it was made. The AK47 is user- (but not target-) friendly, simple, effective, and plentiful. It is the narcos weapon of choice.

Do cartels import weapons from the United States. Yes. As they have diversified and made more money, cartels have illegally imported more exotic or expensive weapons from America. Some of those weapons are so powerful they over-match the Mexican military, and that’s a real-if-limited problem. Here’s the rub: if the Americans could magically shut down the flow of guns into Mexico tomorrow, the cartels could keep on shooting for decades. Why do some Mexican officials make such a big deal about American guns in Mexico? It is a convenient rejoinder: if the all-powerful American government can’t control guns from its side of the border, how can you expect Mexico to control drugs on its side of the border?

And there’s a statistics problem, too. To respond to the Mexican government’s concerns, the United States funds efforts to track weapons from the United States confiscated during crimes in Mexico. The funding keeps stats on how many are found, but only of those which are likely to be from the USA. Guess what? That’s a numerator without a denominator! So the stats show the number of such guns in Mexico increasing, but not what the relative percentage is. Maybe the number of American guns used in violent crimes in Mexico increased 100% last year. But if the number of American guns in Mexico is only 1% of the total number of guns used in crimes in Mexico, it is irrelevant. NO one knows, although any cartel photo shoot tells a story.

Simple solutions like “build the wall” or “sanctuary cities” are nonsense, and anyone who spouts them should be ignored. The social and economic integration America and Mexico has is an amazing boon for both, and should be fostered, never threatened. There are mutual solutions to the challenges posed by la frontera, but they require both parties in America, and both national governments, to avoid posturing and to give up slogans.

If you keep up with the news, you probably know that the current ultra-right government of Benjamin Netanyahu (aka Bibi) is trying to turn Israel into a fascist state by eliminating the independence of the Israeli Supreme Court. The opposition has delivered large crowds, huge protests, a threatened (rather promised) general strike, and even some resignations among the Israeli military’s famed reserve forces. Democracy hangs in the balance, as Bibi presses forward.

Of course, all that is a caricature of what’s really happening, which is far deeper and actually more profound. Democracy has nothing to do with it, as I will explain. This is a debate about the what Israel is and what it should be, one that has been simmering since it was born in conflict in 1948.

Israel has a fairly pure representative democracy. That is, it has only one legislature (the Knesset), designed to form governments by either a straight majority vote of the people or a coalition-building political process. No one is questioning that. Israel also has a Supreme Court which is independent of the elected government. Its members are chosen by a committee of nine: four representing the sitting government (two Knesset, two from the Prime Minister’s cabinet) and five lawyers (three sitting Supreme Court Justices and two members of the Israeli Bar Association) It takes seven votes to select a nominee, who then must be approved by Israel’s ceremonial President. In practice, Israel’s highest legal body selects itself.

The Israeli Supreme Court staked out its authority to review government actions and policies much like the US Supreme Court did in Marbury v. Madison. One interesting difference is the Israeli Supreme Court decided that one criterion it could use to overrule the government was “reasonableness.” While that sounds reasonable, try defining it in a consistent, coherent way. It didn’t prove to be an immediate problem until the last few years, when the court overturned policies and even prohibited the government from choosing a specific cabinet minister. In any event, the Israeli Supreme Court acted as a check on the government, and some would say the only check on it.

Remember now that the Israeli Knesset is a democratic body, both in how it is selected and how it acts. And the court is a check on it. Got it? Which is why this is not about democracy.

Lately, the Knesset has had an unstable series of short-term governments, as the Israeli electorate is evenly divided between liberal/progressive and conservative factions. As in most parliamentary systems, there are numerous small, often-extreme parties which can play the role of king-maker (or more appropriately, Prime Minister-maker). Such is the one right now which has Bibi back in the chair with extreme right-wing or religiously conservative partners.

So is this all about politics, not democracy? No. For years, politicians on both sides have indicated the Supreme Court needed to be reformed, as both feared it was becoming too powerful , too insulated (as it chooses itself) and more importantly, too arbitrary. Parliamentary governments are inherently unstable, and they become almost impossible when an outside body (i.e., the court) can rule who can be a cabinet minister. Liberals/Progressives switched to opposing any change now because of who is in the ruling government: if the court’s ability to restrain the government is limited right now, they fear the ultra-conservatives will run wild. They may not be wrong, and they are certainly correct to fear such an outcome. But all that points to the real issue, which is neither democracy nor politics: it is the Israeli polity.

The modern state of Israel has always represented an uneasy alliance between two competing visions: a larger group of secular/progressive Jews (Zionists) looking for a haven from a hostile outside world, one where they can enact their idea of a peaceful, communitarian paradise, and a small set of religious Jews (Haredim) who seek to return to being God’s Chosen People, and only that. In-between those two groups were pragmatic Jews (smaller than the left, larger than the ultra-orthodox) who might not want to chant Torah all day, but weren’t convinced by the promises of socialism. For decades, these groups set aside their differences to deal with the unrelenting hostility of Israel’s Arab neighbors. It doesn’t make sense to argue about whether busses can run on Shabbos when there’s an Arab army marching on the town!

Here’s where demographics plays a card. The ultra-orthodox, correctly called Haredim, were content to get special favors from the government for a long time. They were a small group, and as long as the government left them alone, they agreed to merely complain about the rest of Israel not abiding by Halakha (Jewish religious law). The government agreed to exempt them from military service, allowed them to run their own schools, and even granted them extra social benefits. The Haredim and their way of life were subsidized by the Israeli government, whether conservative or liberal.

A funny thing happened. Haredi families average six children and holding steady. Secular Jewish families (whether politically conservative of liberal) average two children and falling. Government data show 1/4 of first graders in Israel are Haredim. So the Haredim have risen to almost thirteen percent of Israel’s population, and parties representing them have gained an important number of seats in the Knesset. And since they are continuing to grow, they are on target to reach almost forty percent of the population by mid-century.

As they have grown, they have protected the benefits they previously secured from the government, but have begun to demand more implementation of their views on social issues: separate spaces in public for men and women, stricter Shabbos observance, restrictions on advertising, more funding for and support of their way of life. This has predictably led to conflict, as the liberal and progressive Israelis see the Haredim as people exempt from the military, learning nothing but Torah in their schools, and coddled by the government. The Haredim respond that their faith is what is protecting Israel. As one young Haredi man said, ‘if everyone was learning Torah and praying with us, God would protect us.’

Why is this playing out over the Israeli Supreme Court? Bibi’s government is willing to grant the Haredim greater rights and privileges. Yet of the court can simply rule such things as “unreasonable,” it can stop that process. The battle is really over what Israel is: a secular democracy or a more religiously-inclined one.

Here’s the even more interesting part. The Biden administration is conducting some high-level negotiations (right now) with Israel and Saudi Arabia. The Trump administration brokered the Abraham accords, which normalized relations between Israel, the United Arab Emirates (UAE) and Bahrain. That was little noticed but important, because it represented the first major normalization among Arab states not directly in contact with Israel. The contact states like Egypt and Jordan came to the table long ago; Syria (and the Syrian puppet government in Lebanon) never will. Most other Arab states held back, waiting to see what the Saudi monarchy did.

The Saudis are looking for a NATO-style commitment from the US for protection (not the backroom handshake deal which has been in effect since FDR) and a US-provided civil nuclear program. Bibi wants Saudi normalization as a feather in his cap, and to establish the basis for an Israeli-Saudi anti-Iranian coalition. The Biden Administration wants to reassert US leadership in the Middle East, push out the Russians and Chinese, and draw a line in the sand with Iran.

Crown Prince Mohammed bin Salman, aka MBS, the man President Biden called a pariah (maybe) and a murderer (certainly), is the power behind the throne (literally) in Saudi Arabia and is leading the Saudi side of the negotiations. The Times and Post have started briefly commenting on the talks, which were secret until now. Saudi King Salman (MBS’ father) has apparently insisted that Israel make some offer to the Palestinians as part of the process, and specifically that promising not to annex the West Bank is insufficient. The fact that such things have leaked suggests to me the talks are far along, and neither Bibi nor MBS is willing to let the issue of Palestine derail the agreement.

What’s this got to do with the Israeli Supreme Court? Bibi is dependent upon the Haredi and ultra-conservative parties because he has a narrow majority in the Knesset. The Biden administration has reportedly told Netanyahu not to go forward with changes to the court’s rules and composition without first securing an agreement with which the majority of Israelis agree. How to square the circle? What if Netanyahu secures a grand deal with Saudi Arabia, gets increased American aid, throws the Palestinians a bone (it wouldn’t need to be much, since there is no reliable partner to negotiate with right now), and offers to bring some liberal/labor parties into the government to negotiate a better set of court reforms, while letting the Haredi and ultra-conservatives choose to stay or go?

It’s a high-impact, low probability scenario, I admit. The shoals of Middle Eastern politics are filled with the hopeful shipwrecks of American and European peace plans, and this may be one more. But the US Secretary of State isn’t shuttling around the Middle East (repeatedly) to sample falafel. Stay tuned!

The Supreme Court recently made two important decisions affecting (not impacting) post-secondary education in America: eliminating the use of race as an admissions tool, and denying President Biden the authority to waive accumulated student debt. Both are major changes, and welcome ones in my opinion. But both the policies in question and the courts decisions addressed the symptoms of our failing system of college and university education, not the sources. There is a real post-secondary educational problem: there are too many students, paying too much tuition, and receiving too little education. Those students accrue too much debt, which is currently federally-secured. You can see the problem: they’re never going to pay it off, and you and I are on the hook for it. How did we get here?

Like most debacles, it’s not just one thing, but there is one important and often-overlooked cause: failing to understand the dynamics of the situation and correctly define the problem. What is post-secondary education for? Why does it even exist? Universities developed out of Catholicism in the Middle Ages, seeking the scholastic trinity of “truth, goodness, and beauty.” Traditionally, there were two aspects to this search. One was to give certain highly-specialized fields of study the time and attention they deserve. Think doctors, lawyers, engineers: you want them well-trained before they ever start in their profession, and you want their professions to grow and deepen.. The second was to provide for a well-rounded individual, thus the Humanities curriculum. Leaders of tomorrow, whether they be politicians, businessmen, or any of the specialties mentioned above, need to have an understanding of human nature, history, civics, psychology, etc. Why? You don’t want a politician who doesn’t understand that “power corrupts, and absolute power corrupts absolutely.” You don’t want an engineer who only worships efficiency and neglects comfort. You want a surgeon with empathy, not one who sees his patients as slabs of meat to cut on. Pretty obvious, no?

People who underwent such education were a limited lot. The local butcher, shopkeeper, and policeman were fine without it. Because of the vicissitudes of history, such education was usually reserved to white men of property. It obviously didn’t have to be that way, but it happened nonetheless. And the result of that education played out in an obvious fashion: graduates of this system fared much better than those who did not have access to it. The fact that those graduates also had access to all kinds of other advantages which played a part in their later success was obvious, but sometimes forgotten.

In the mid-to-late twentieth century, the gradual liberalization of society led to calls for greater diversity in college admissions: more women, more people of color. After all, there was no legitimate reason to deny them access as they were just as likely to succeed. The fact that in most cases they were disadvantaged only strengthened the argument.

A little later, state governments decided to remove the stipends they paid to public colleges and universities. Budgets were tight, and politicians saw costs increasing markedly as more people went to college, while the majority of the population still did not attend. Using public funding for the benefit of the few at the cost of the many seemed like a poor policy option. The argument that a more educated populace was better for all sounded vaguely like an analogue to “trickle-down economics.” State governments encouraged state colleges and universities to rely on tuition and to compete, on the theory such competition would improve the results: less cost, better education. But post-secondary education was hardly a free market: high barriers to entry, limited suppliers, limited governmental oversight.

And there were still some proponents of college-for-all. They posit that if a college degree results in higher lifetime earnings, then everybody should have access to it, as that is only fair. See how this view misses the point of post-secondary education as it originally existed: a finishing school for a subset of the population. Most people didn’t need it. But college-for-all types viewed a sheepskin as a credential, not a learning experience: get the degree, make more money. Except that’s not what a college degree represented. It was an education, not a credential.

Meanwhile, the federal government, responding to the notion that college should be available to far more people (if not all), and the fact that a marketplace of colleges competing for students would probably decrease overall attendance, decided to become the guarantor of student loans.

Here’s where the economists are face-palming.

You create an increasing demand for college education, with a limited supply (you can’t generate new schools overnight). You fuel the demand further by offering generous loans packages (rates and repayment schemes no bank would ever offer an eighteen year-old with no job) guaranteed by the federal government (you know, the people who literally print the money), and you tell colleges to compete for students.

The prospective students don’t care about return on investment (ROI), as they haven’t even learned about that yet. The colleges have no reason to limit tuition, since price is no longer a determining factor due to federal funny-money. And since students are the ones making the choices, they look for name-recognition and perks. They’re young adults, they want to impress and be catered to. So colleges which previously took the position “we have an education you need to learn or else” transitioned to “help us find your idea of education (and be comfortable doing it).”

Voila, as they say, you have insane tuition that no one really pays, except the federal taxpayers who get socked after the fact for student debt relief. You have colleges eliminating core curricula and instead offering a smorgasbord of trendy electives which amount to fast-food degrees (high cost, little value). You get serial students with hundreds-of-thousands of dollars in debt and degrees in non-marketable subjects (they never do learn ROI, so they don’t even know what they don’t know).

And here we are. Add in for-profit rip-off institutions, racial gamesmanship, and elite university endowments which border on the obscene, and you have the modern American post-secondary educational disaster. Oh, there are still a small number of professionals earning useful degrees and preparing to be the doctors, lawyers, engineers and leaders of tomorrow. That system still exists. But the rest of the contraption is a very expensive Rube Goldberg device of little value and high cost, in terms of money, utility, and social damage.

As bad as all this sounds, it’s even a little worse because it isn’t that hard to fix. First off, stop treating a college degree as some magic ticket which makes one wealthy. To re-purpose an old campaign phrase, “it’s the education, stupid!” College is not for everyone, and jobs which require a college degree should have some legitimate reason for doing so. People who go to college should pay their own way. Colleges should compete on tuition and graduate performance, and enforce common knowledge standards. Students should be held to standards if they receive any form of financial support. You want specifics?

• Eliminate government subsidies for any colleges with massive endowments. The elite schools can literally afford to cover all their students tuition in perpetuity. Make them do it, or have their students’ rich parents do it. And tax those endowments, please!
• Enforce expanded minimum core curricula for all degree-producing schools as part of accreditation. This is probably still the case, but the standards have become too lax. Every graduate needs to understand human psychology, American history and government, macro and micro-economics, for example. Electives should be the cherry on the top, not the bulk of the meal.
• Require detailed reporting on college costs and outcomes. What percentage graduate, with what debt burden? What are the average salaries of specific degree-holders at the five and ten year point?
• Re-imagine admissions to negate racial, legacy, athletics and other considerations. Applications must be on a common form which erases who the student is, from where they come, etc. Just classes and grades and test results, and if the college so chooses, standardized testing scores. AI can probably help in this process. Use an essay (similarly scrubbed and de-personalized) for a better understanding of the individual.
• Support the growth and success of community colleges. Here is where governmental funding should be targeted, especially for technical topics (e.g., coding, health-care services, law enforcement) and common curricula (finishing school for those not sure whether they want to go the full baccalaureate route). This also provides a window of opportunity to late-blooming students who would benefit from a four-year degree program.
• Tie federal subsidies to compensatory service as an alternative to repayment. You want to pay off your loan, great. If not, you start working for the federal government (or allied state programs) for a few years, either as a pause on repayment or eventually a waiver for it. I keep hearing Millennials complain there aren’t good jobs with great benefits like pensions anymore, while I read pages of empty federal job vacancies. Maybe they haven’t heard of the internet?
• Want to get really radical? Throw out all athletic scholarships (an oxymoron even more ridiculous than military intelligence). All sports at colleges and universities are club squad/intramural/extra-curricular. For the big money-makers, men’s college football and basketball, make the teams simply affiliated with the universities through a financial agreement. The one-and-dones in basketball and the NIL shenanigans in football should be enough to convince even the most ardent fans that student athletes are mostly a thing of the past. This is where the NCAA and courts are headed anyway, so why not embrace it?
• Not radical enough? Tie any federal funding (e.g., research grants, tuition) for colleges and universities to concrete standards promoting the common good. What has your institution done for the local community? How have you enabled academically-gifted but financially-disadvantaged students to enroll and graduate? How are you leading by example in terms of promoting free speech and diversity of ideas? Let the institutions publish their plans and their results, with the government solely giving them an annual pass/fail grade to make them eligible for federal funds.

Tuition costs have increased almost 180% over the past forty years, well beyond the effects of inflation. That spending has gone into endowments, athletics, administrative positions, infrastructure, and student services. Note what is missing: education. No one seriously argues today’s American college graduates are better educated than graduates of the past; they’re just much more expensive. The system as it is is failing.

America is at an inflection point. While more people want to go to college (as a percent of the population), the overall number of young people is declining. Small schools, private schools, and liberal arts schools are in danger of disappearing, as they did not prepare for the future and don’t want to now. The American post-secondary educational system was the envy of the rest of the world. It still is, in an elite sense: twelve of the top twenty universities in the world (according to Times Higher Education) are in America. Those elites who seek advancement are still attending the best schools and getting the best education. The system works for them; it just fails the larger talent pool of American students, their parents, and the taxpayers. Fix it. Now.