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Tuesday, June 9, 2015

ISRAELI SOVEREIGNTY OVER JERUSALEM QUESTIONED - THE US SUPREME COURT GANGS UP WITH OBAMA AND THE ANTI-SEMITIC WORLD by dealing giant blow against Israel - Court dismisses US Congress law recognizing Jerusalem as capital of Israel, thus empowering the Muslim conquerors and occupiers' claim to the ancient Jewish capital

PERPLEXED OTTER©http://ottersandsciencenews.blogspot.ca/. Unauthorized duplication of this blog's material is prohibited.   Excerpts and links may be used, provided that full credit and link is given to Otters and Science News Blogspot.  Link to this post:  http://ottersandsciencenews.blogspot.ca/2015/06/israeli-sovereignty-over-jerusalem.html - Thank you for visiting my blog.
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U.S. SUPREME COURT rules that Americans born in Jerusalem may not list Israel as their country of birth

SHAME!  DENYING HISTORY OUT OF ANTI-SEMITISM
AND POLITICAL CONVENIENCE
 
WE ARE WITNESSING THE WHITE HOUSE AND THE US SUPREME COURT GANGING UP IN A MAJOR ACT OF THEFT AGAINST THE JEWISH PEOPLE

Jerusalem is the capital of the State of Israel, its seat of government, and the holiest city in Judaism. What right do anti-Semitic politicians and judges have to deny its 3000 years of Jewish history, and to empower and reward the genocidal Muslim invader and occupier?
 
ten commandments borad mount zion
The Ten Commandments at Mount Zion, Jerusalem
Photo Noam Chem
 
What has Islam given to the world except oppression, backwardness, gruesome cruelty, genocide, and terror?
But the leader of the free world wants to reward them with ownership of the most sacred city for Judaism and Christianity.  WHY?

On this page:
  • Israelis shocked by this blow to Israeli sovereignty by Israel's purported closest ally in the world:  the USA.
  • Outlines of Jerusalem's 3000 years of Jewish history, and how the Muslim invader gained such recognition of its occupation.
  • Supreme Court dissenters:  “The court takes the perilous step — for the first time in our history — of allowing the president to defy an act of Congress in the field of foreign affairs,” US Justice Roberts wrote, while Justice Scalia argued, “The text and structure of the Constitution divide responsibility for foreign policy.”
  • Jerusalem Post:  And so Jerusalem, which is the home of the Knesset and the Supreme Court, and the city mentioned in Torah almost 700 times and never once in the Koran, is apparently not to be considered the capital of the Jewish State. Because they say so.
  • This page will continue to be updated with additional articles
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The US Supreme Court sides with Obama and discards law passed by Congress recognizing Jerusalem as Israel's capital
 
Nitzana Darshan-Leitner, head of lawfare NGO Shurat Hadin, says the US Supreme Court decision on Jerusalem 'truly damages every single Israeli.'
 
The US Supreme Court decision Monday not to register US citizens who were born in Jerusalem as having been born in Israel could have future ramifications for other matters involving Israel, according to Attorney Nitzana Darshan-Leitner, head of lawfare NGO Shurat Hadin.
 
"This question could come up in other matters, such as American financing for the Palestinian Authority, which currently stands at about 600 million dollars,” she opined. 
 
"Congress decided to limit the transfer of funds to the PA from the State Department, so that may only be transferred if there is certainty that they do not go toward terrorism.
 
"The State Department has been ignoring Congress, and when the matter reaches the courts, there will again be a debate over who decides foreign policy, the legislators or the State Department.”
 
As for the court's decision itself, Darshan-Leitner said that it truly damages every single Israeli person:   “This is a disappointment. While it is true that this is a decision that relates to the internal regime in the US, and which delimits the boundaries of the executive branch's discretion, and who decides foreign policy, one cannot ignore the actual decision, which de facto does not recognize Jerusalem as the capital of Israel
 
"This is a real kick in the face of every Israeli citizen, that such a great friend of Israel's does not recognize its rights.”
 
Arutz Sheva notes that all three Jewish justices - Stephen G. Breyer, Ruth Bader Ginsburg and Ellen Kagan - voted in favor of the decision.
 
Source
http://www.israelnationalnews.com/News/News.aspx/196466#.VXcM55tFCM8

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http://www.israelhebrew.com/map-of-ancient-jerusalem/

JerusalemIsraelseternalcapital-vi

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BACKGROUND

The following article appeared on this blog
on November 4, 2014 
http://ottersandsciencenews.blogspot.ca/2014/11/obscene-and-offensive-us-solicitor.html


OBSCENE AND OFFENSIVE: 
 
US SOLICITOR GENERAL SAYS ISRAEL HAS NO CLAIM TO JERUSALEM  
  • White House wants Israel to surrender Jerusalem to the descendants of Muslim conquerors and occupiers
  • Read history outline and whether Islam has any legitimate claim to the city

JERUSALEM
Temple Mount at sunrise
 
Continue reading

  • US Supreme Court is to decide whether an American Jew born in Jerusalem can list Jerusalem, Israel as his place of birth on his US passport.
  • If Jews don't have a right to Jerusalem in spite of their thousands-of-years-old connection to that city, why would descendants from Muslim invaders from the Saudi peninsula have more rights to it?
  • Lawyers for the Obama administration compared Israel's ownership of Jerusalem to the Russian takeover of Crimea - in spite of the 3700 years of continuous Jewish relationship with Jerusalem.
  • In other words, the White House is legitimizing the invasion and occupation by Romans, Byzantines, Arabs and Turks - and delegitimizing the true owner of the land all along: the Jews.
  • Thus we have a the absurdity of a government ruling a country with only a few hundred years of history, built on native land, telling the Jews that they don't have the right to their ancient capital, Jerusalem.
  • In a rather bizarre turn Judge Sotomayor appeared to argue that president Obama's belief that Jerusalem does not belong to Israel supersedes the central argument of whether Jerusalem is Israeli or not.  She said putting Israel as country of birth would imply the president was lying, since he does not believe it.
  • The irony:  The current US administration has countered that allowing to put Jerusalem, Israel as place of birth on passports, would harm President Obama’s “credibility” in global affairs - naively implying that there is still any credibility left to protect, after the abysmal failure to protect minorities being ethnically cleansed all over the Mideast. and the increasing mistrust of the US in that part of the world.
Video - JERUSALEM - 4000 years of history in five minutes
 

Video produced by the Jerusalem Center
 
Lawyers for the Obama administration compared Israel’s control of Jerusalem to Russian claims over the Ukrainian territory of Crimea during oral arguments this week before the Supreme Court in a case concerning the rights of U.S. citizens to list Jerusalem as part of Israel on their passports.
 
Menachem Zivotofsky, center, stands with his father Ari Zivotofsky, right, and their attorney Alyza Lewin, outside the Supreme Court in Washington, Monday, Nov. 3
The Zivotofsky family
U.S. Solicitor General Donald Verrilli, who is rumored to be in the running to replace outgoing Attorney General Eric Holder, drew the comparison on Monday while he attempted to convince the Supreme Court that Jerusalem is not officially part of Israel.
 
The controversial case hinges around Menachem Zivotofsky, who was born in Jerusalem in 2002.
 
Zivotofsky’s parents requested that Menachem’s U.S. passport bear “Jerusalem, Israel” as his place of birth, a request that was denied by the Obama administration on the basis of its longstanding policy to not recognize the holy city as part of Israel.
 
The Zivotofsky family sued following the decision and the case has been stuck in judicial limbo since. The Supreme Court agreed to hear the case and initial arguments by both sides were presented this week.
  
Obama administration lawyers argue that the case infringes on the president’s executive right to conduct foreign policy. By acknowledging Jerusalem as Israeli territory, the White House would lose its credibility in the peace process, as well as its jurisdiction to manage foreign affairs, the government maintains.
 
Lawyers for the Zivotofsky family disagree.
 
They argue that a portion of a 2002 law permitting U.S. citizens born in Jerusalem to have “Israel” listed as their birthplace supersedes the Obama administration’s policy position on Jerusalem. While the law was signed by former President George W. Bush, he and President Barack Obama have both issued signing statements to avoid implementing the measure.
 
During Monday’s arguments before the court, Solicitor General Verrilli maintained that a formal acknowledgment of Jerusalem being part of Israel would be tantamount to the United States putting “Crimea, Russia” on a citizen’s passport.
 
Verrilli was referring to the Ukrainian region of Crimea, which Russia forcefully seized earlier this year.
 
“The position of the executive [Obama] is that we recognize, as a practical matter, the authority of Israel over West Jerusalem,” Verrilli argued, according to court transcripts. “With respect to the rest of Jerusalem, the issue is far more complicated.”
 
“I do think, for example, Your Honor,” Verrilli said to Justice Samuel Alito, “if [we] were to start issuing passports to people born in Crimea tomorrow that identified Russia as the country of birth, that would carry obvious implications for our foreign policy position, and it would contradict the foreign policy position in a way that could be quite deleterious.”
 
As with the disputes over Crimea’s status, stating that Jerusalem is part of Israel also would interfere with the White House’s policy positions, Verrilli argued.
 
As arguments proceeded in the case, the justices appeared to split along the justices’ traditional conservative and liberal lines.
 
At multiple points, Justice Sonia Sotamayor appeared to argue that it would be a “lie” for the U.S. government to acknowledge on a passport that Jerusalem is in Israel.  Putting “Jerusalem, Israel” on a U.S. passport is a lie since the executive branch does not believe it to be true as a matter of policy, Sotamayor said.  
 
“What they’re asking you [the Zivotofskys] to do is to look—they’re asking the government to lie,” Sotamayor said.  She repeated this argument again later in the arguments.
 
“How could you tell me it’s not a lie?” Sotamayor asked Alyza Lewin, the lawyer representing the Zivotofsky family. “You, the United States, are being asked to put on the passport that you believe the place of birth of this individual is Israel, and the government—and the executive has said, no, we don’t think it was Israel, we think it was Jerusalem.
 
Lewin maintains that the addition of “Israel” to the passport in question does not constitute official U.S. government “recognition” of Jerusalem as belonging to Israel, and, therefore, does not breach foreign policy pronouncements.
 
The Obama administration has countered that such a declaration would harm President Obama’s “credibility” in global affairs.
 
“Foreign governments, foreign peoples will not be able to have complete confidence that the position that the president announces on behalf of the United States is, in fact, the position of the United States,” Verrilli argued.
 
Justice Anthony Kennedy wondered why the administration would not just submit to the request with an added clarifier stating that it does not reflect official U.S. policy.
 
Justice Alito also was skeptical that there could be any reasonable “misunderstanding” of the executive branch’s position.   “So why will there be any effect on foreign policy except by people who will misunderstand the situation, either because they really don’t understand it or they will exploit it in some way?” he asked.
 
Court observers have paid particular attention to the case since it focuses on one of the world’s most intractable and hot button problems.
 
“This case manages to combine two of the things that this administration dislikes the most: Congress and Israel,” Adam J. White, a D.C.-based lawyer and writer, told the Washington Free Beacon.
 
“The administration’s fundamental position is that if the State Department is required to comply with the statute, then there may be confusion about what President Obama’s position is on the state of Israel,” White explained.
 
However, “that argument could be politely classified as a ‘legal fiction,’ because no one really questions what President Obama’s policy is toward Israel,” he said. “His administration has made that painfully obvious, and no matter what the Supreme Court decides in this case, President Obama’s position will continue to be obvious throughout the Middle East.”
 
Source
 
Photo: Jerusalem at dusk
 A view of Jerusalem from the Tower of David - Photo National Geographic
  
Outline of Jerusalem history
 
The following list of twenty-one dates is a summary of the 3,700-year-old relationship of the Jewish people to Jerusalem.
 
 
1738 BCE The first Jew goes to Jerusalem
 
Abraham, the founding father of the Jewish people, was sent by God to Israel. After arriving in Israel, Abraham went to Jerusalem where he received a blessing from king Melchizedek.
 
1676 BCE The binding of Isaac
One of the most important events in early Jewish history was when Abraham almost sacrificed his son Isaac. This took place on Mt. Moriah in Jerusalem.
 
1590 BCE Jacob’s dream
One of the most important experiences in the life of Jacob, the grandson of Abraham, was his mystical dream about a ladder that reached to heaven. This dream took place in Jerusalem.
 
866 BCE Jerusalem becomes the capital of Israel
King David established Jerusalem as the capitol city of Israel.
 
825 BCE The first Temple in Jerusalem
King Solomon built the first Temple in Jerusalem. The Temple stood for 400 years until being destroyed by the Babylonians.
 
423 BCE Destruction of first Temple
The Babylonians conquered Israel, destroyed the Temple and exiled the Jews
 
352 BCE The second Temple in Jerusalem
The Temple was rebuilt and stood for another 400 years.
 
70 CE The second Temple is destroyed
The Romans destroyed the second Temple.
 
312 Christianity expels Jews from Jerusalem
The Christians ruled Israel for 300 years and made it illegal for Jews to live in Jerusalem.
 
638 The Muslims conquered Jerusalem
The Muslims conquered Israel and Jerusalem. Though they allowed Jews to move back into Jerusalem, they also built their mosques atop Judaism’s holiest site—the Temple Mount.
 
1099 Christians return to Jerusalem
The Christians defeat the Muslims and kill all the Jews in Jerusalem.
 
From the time of the destruction of the Temple, no foreign ruler paid much attention to Jerusalem and it became a poor, run down city that suffered from a lack of clean water, from disease, and from robbers.
 
Despite this, Jews everywhere dreamed of returning to Jerusalem and many literally risked their lives to travel and settle there. The Western Wall, the last remnant of the Temple, was the holiest place in Jerusalem for prayer.
 
 
1267 A new synagogue in Jerusalem
The Ramban was a great rabbi who was forced to flee Christian persecution in Spain. He went to Jerusalem where he re-established the first synagogue in 150 years. That synagogue became the center of a small new Jewish community and was used for 300 years.
 
1500 Rabbi Ovadia of Bartenura
Though Jews were scattered all over the world, many made heroic efforts to move to Israel and settle in Jerusalem. Rabbi Ovadia of Bartenura was a great scholar who moved to Jerusalem.
 
1517 The Turks conquer Jerusalem
The Turkish empire conquered Israel and Jerusalem and ruled for 400 years until the end or World War I.
 
1699 Yehuda Hachassid
Rabbi Yehuda Hachassid led 1,000 Jews from Poland to Israel where they settled in Jerusalem. The Yehuda Hachassid synagogue was in use for over 200 years until it was destroyed in1948 by the Jordanians. It is currently being rebuilt.
 
1742 Rabbi Chaim ibn Attar moves to Jerusalem
Rabbi Chaim Attar, a great scholar and mystic, moved with his family and many of his students from Morocco to Jerusalem.
 
1777 The Baal Shem Tov
The Baal Shem Tov, founder of the Chassidic movement, inspired many to emigrate to Israel. In 1777, Rabbi Menachem Mendel of Vitebsk led a group of 300 Russian Jews to Israel.
 
1809 The Vilna Gaon
Rabbi Eliyahu of Vilna (known as the Vilna Gaon) encouraged his students to move from Lithuania to Israel. From 1809 to the late 1830’s approximately 200 people a year left Lithuania for Israel where most of them settled in Jerusalem. The Vilna Gaon himself tried twice to make the move but was unsuccessful.
 
1917 The British conquer Jerusalem
England defeated the Turks in World War I and conquered Israel and Jerusalem.
 
1850 - 1948 The great return to Jerusalem
Over the centuries the Jewish population slowly grew until there were 10,000 Jews living in the city in 1850. (There were also 6,000 Arabs and 4,000 Christians living in the city.) At the end of World War I, the British promised to help the Jewish people rebuild a homeland in Israel. By 1948 there were 650,000 Jews living in Israel and 100,000 in Jerusalem.
 
1948 The Jordanians destroy the Jewish Quarter of Jerusalem
In 1948 Israel fought and won the War of Independence, but it lost Jerusalem to the Jordanian forces. All of the Jews who lived within the walls of the ancient city of Jerusalem were either killed or driven out by the Jordanians.
 
The Jordanians destroyed all of the synagogues in the city and would not allow any Jews to live in Jerusalem or even visit the Western Wall to pray. Israel established its capitol in the new city of Jerusalem that was outside of the walls of the ancient city of Jerusalem.
 
 
1967 The Six-Day War and Jerusalem-Yom Yerushalayim
Though the modern state of Israel was born in 1948, for twenty years, Jews were cut off from the heart of Jerusalem. In the spring of 1967, the Arab countries that surround Israel were planning to attack and destroy the Jewish state. Instead of suffering defeat, Israel won the war in just six days.
 
On June 7, 1967—after almost 2,000 years— Jerusalem was united and the Old City of Jerusalem was once again the capital of the Jewish homeland.
 
The restoration of Jerusalem as the capital of Israel 2,800 years after King David first made it the capital, and 2,000 years after it’s destruction by the Romans, just might be the most incredible event in all of world history.
 
Source
 
x 
Computer-generated of Jerusalem in the first century AD with what researchers think the Jewish temple looked like.
 
 
  
Does Islam have any connection to Jerusalem
  - Other than their conquest and occupation?
 
Islam's tenuous connection to Jerusalem
by Eli E. Hertz

Jerusalem is never mentioned in the Quran and Mohammed never set foot on Its soil.
Despite 1,300 years of Muslim Arab rule, Jerusalem was never the capital of an Arab entity, nor was it ever mentioned in the Palestine Liberation Organization’s covenant until Israel regained control of East Jerusalem in the Six-Day War of 1967.  Overall, the role of Jerusalem in Islam is best understood as the outcome of political exigencies impacting religious belief.
 
Mohammed, who founded Islam in 622 CE, was born and raised in present-day Saudi Arabia and never set foot in Jerusalem. His connection to the city came years after his death when the Dome of the Rock shrine and the al-Aqsa mosque were built in 688 and 691, respectively, their construction spurred by political and religious rivalries.
 
In 638 CE, the Caliph (or successor to Mohammed) Omar and his invading armies captured Jerusalem from the Byzantine Empire.

In 638 CE, the Caliph (or successor to Mohammed) Omar and his invading armies captured Jerusalem from the Byzantine Empire. 
 
One reason they wanted to erect a holy structure in Jerusalem was to proclaim Islam’s supremacy over Christianity and its most important shrine, the Church of the Holy Sepulcher.
 
More important was the power struggle within Islam itself. The Damascus-based Umayyad Caliphs who controlled Jerusalem wanted to establish an alternative holy site if their rivals blocked access to Mecca. 
 
That was important because the Hajj, or pilgrimage to Mecca, was (and remains today) one of the Five Pillars of Islam. As a result, they built what became known as the Dome of the Rock shrine and the adjacent mosque.
 
To enhance the prestige of the ‘substitute Mecca,’ the Jerusalem mosque was named al-Aqsa. It means ‘the furthest mosque’ in Arabic, but has far broader implications, since it is the same phrase used in a key passage of the Quran called “The Night Journey.”
 
In that passage, Mohammed arrives at ‘al-Aqsa’ on a winged steed accompanied by the Archangel Gabriel; from there they ascend into heaven for a divine meeting with Allah, after which Mohammed returns to Mecca.

 Naming the Jerusalem mosque al-Aqsa was an attempt to say the Dome of the Rock was the very spot from which Mohammed ascended to heaven, thus tying Jerusalem to divine revelation in Islamic belief.  The problem however, is that Mohammed died in the year 632, nearly 50 years before the first construction of the al-Aqsa Mosque was completed.

Jerusalem never replaced the importance of Mecca in the Islamic world. When the Umayyad dynasty fell in 750, Jerusalem also fell into near obscurity for 350 years, until the Crusades. During those centuries, many Islamic sites in Jerusalem fell into disrepair and in 1016 the Dome of the Rock collapsed.
Still, for 1,300 years, various Islamic dynasties (Syrian, Egyptian and Turkish) continued to govern Jerusalem as part of their overall control of the Land of Israel, disrupted only by the Crusaders.
 
What is amazing is that over that period, not one Islamic dynasty ever made Jerusalem its capital. 
 
By the 19th century Jerusalem had been so neglected by Islamic rulers that several prominent Western writers who visited Jerusalem were moved to write about it.
 
French writer Gustav Flaubert, for example, found “ruins everywhere” during his visit in 1850 when it was part of the Turkish Empire (1516-1917).
 
Seventeen years later Mark Twain wrote that Jerusalem had “become a pauper village.”
 
Indeed, Jerusalem’s importance in the Islamic world only appears evident when non-Muslims (including the Crusaders, the British and the Jews) control or capture the city. Only at those points in history did Islamic leaders claim Jerusalem as their third most holy city after Mecca and Medina. 
 
That was again the case in 1967, when Israel captured Jordanian-controlled East Jerusalem (and the Old City) during the 1967 Six-Day War.
 
Oddly, the PLO’s National Covenant, written in 1964, never mentioned Jerusalem.
 
Only after Israel regained control of the entire city did the PLO ‘update’ its Covenant to include Jerusalem. 

Author Eli E. Hertz is the president of Myths and Facts, an organization devoted to research and publication of information regarding US interests in the world and particularly in the Middle East. Mr. Hertz served as Chairman of the Committee for Accuracy in Middle East Reporting.
 
 
  
 
 
a 
 
Jerusalem at night

RELATED
 
Recommended:  Short and factual video about the fundamental significance of Jerusalem and Temple Mount for Jews and its very weak link to Islam - in history and doctrine  
 
 
Muslims have no genuine religious respect for the sacredness of the site, which is routinely used as a soccer field and where Arab families go to picnic.
Video of Arab youngsters playing soccer and using dirty language on the Temple Mount
 
Mark Twain's impressions
When American writer Mark Twain visited Ottoman-occupied Jerusalem and surrounding areas in 1867, he found an impoverished land with very few Arabs. 
Read more
 
 
Pictures of 19th Century Jerusalem
 
Jerusalem - Temple Mount 
 
  
  
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Muslims the world over pray facing Mecca (that's where the Arab invader originated from) and with their rears to Jerusalem's Temple Mount. 
 
Ras Al Amoud
 
 

 
 
MUSLIM DESECRATION OF SACRED JEWISH SITES
 GOES ON TO THIS DAY
 
JORDAN USED JEWISH TOMBSTONES AS LATRINES
 
During their occupation of Jerusalem until the city's liberation in 1967, the Jordanians used Jewish tombstones from Mount of Olives cemetery as latrines, pavement, and other construction.
Read more
 
And here
 
 
Palestinians continually desecrate Mount of Olives Jewish graveyard in Jerusalem
 
Arab terrorists control part of Mount of Olives
 
 
2014 - Film crew films Muslims dumping trash
 on Temple Mount - Watch video
 
Police and top Israeli authorities are sometimes complicit with the Arabs desecration of Jewish sites and their takeover of Jerusalem.  
 
Muslims claim to consider the Temple Mount a holy site, but have been caught doing some unholy things there - like dumping trash.
 
Muslims claim to consider the Temple Mount a holy site – but they have been caught doing some very unholy things there. From soccer games to picnics to vandalism, Muslims have historically shown little respect for the site.
 
But a Jewish group that ascended the Mount in recent days observed what may be the most egregious example of Temple Mount desecration yet – the dumping of trash right on the mount, just meters from the Al-Aqsa Mosque, which Muslims claim as their third-holiest site.

The group observed a dump truck about to release its contents, and called police over to intervene. Instead of stopping the truck driver, police filmed the Jewish group, and demanded that they identify themselves. The Jewish group demanded to know the identity of the dumpers, who they said were committing a crime – but to no avail.
 
Tensions rose and shouting ensued between the police and the Jewish group, while Arabs stood by and observed. Police made no move to stop the Arabs, but began pushing members of the Jewish group off the Mount. Police also refused to identify themselves. Eventually, police detained members of the Jewish group and ushered them off the Mount.
 
The Temple Mount is Judaism's holiest site. It is the location of the two Holy Temples of Jerusalem - the latter of which was destroyed by the Romans in 70CE - and according to some Jewish traditions it is the point from which the creation of the world began.
 
Read more
Arabs destroy Temple Mount Jewish antiquities 
Israeli authorities have done nothing to stop them
Arabs  used bulldozers to destroy Jewish antiquities, and then disposed of them in garbage dumps.  That's where archaeologists found them
Read more
 
 
PRIEST FROM NAZARETH TO THE UN: 
 ISRAEL ONLY MIDEAST COUNTRY NOT PERSECUTING CHRISTIANS - 
Pleads for a stop to the campaign against Israel and to those who want to destroy it
Father Gabriel Naddaf speaking at the United Nations - Watch video
 
JERUSALEM - ISRAEL'S CAPITAL IN PICTURES 
- Unusual scenes from ancient Jerusalem to the present that you may have never seen before
 
 
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REACTIONS
to US Supreme Court decision
 
 Supreme Court: Jerusalem-Born U.S. Citizen Can’t Put Israel as Country of Birth

By Bridget Johnson, PJ Media

“The court takes the perilous step — for the first time in our history — of allowing the president to defy an act of Congress in the field of foreign affairs,” Roberts wrote, while Scalia argued, “The text and structure of the Constitution divide responsibility for foreign policy.”

The Supreme Court has ruled against a boy born in Jerusalem to U.S. citizen parents who wanted to have Israel listed on his passport as country of birth.
 
The Foreign Relations Authorization Act for Fiscal Year 2003 required that Israel be listed as the place of birth on passports for U.S. citizens born in Jerusalem upon request.
 
The Obama administration has never followed that law, and President George W. Bush attached a signing statement to the bill at the time expressing concern that Congress interfered with the executive branch authority to levy recognition on foreign states.
 
The ruling was 6-3 in favor of the Obama administration, with Chief Justice John Roberts and Justices Antonin Scalia and Samuel Alito dissenting.
 
“The court takes the perilous step — for the first time in our history — of allowing the president to defy an act of Congress in the field of foreign affairs,” Roberts wrote, while Scalia argued, “The text and structure of the Constitution divide responsibility for foreign policy.”
 
Writing for the majority, Justice Anthony Kennedy said the nation “must have a single policy regarding which governments are legitimate in the eyes of the United States and which are not.”
 
“Recognition is a topic on which the nation must speak with one voice,” Kennedy added. “That voice must be the president’s.”
 
Israel did not comment on the case, while chief Palestinian negotiator Saeb Erekat said, “It is a clear message to the Israeli government that its decisions and measures in occupying and annexing Jerusalem are illegal and void and that it should immediately stop these measures because it’s a clear violation of the international law.”
 
State Department spokesman Jeff Rathke told reporters the ruling “confirms the long-established authority of the president over the conduct of diplomacy and foreign policy.”
 
“The decision also respects his ability to ensure that his determinations regarding recognition are accurately reflected in official documents and diplomatic communications, including in passports,” he said.
 
“It’s an important decision. Of course, the – when the administration’s arguments are basically upheld by the decision – pleased by that, but not doing a victory dance.”
 
Asked what the U.S. government considers to be the capital of Israel, Rathke replied that “since Israel’s founding, administrations of both parties have maintained a consistent policy of recognizing no state as having sovereignty over Jerusalem.
 
"So we remain committed to this longstanding policy, and this decision today helps ensure that our position on the neutrality of Jerusalem remains – it remains clear.”
 
“Our consistent policy is we recognize no state as having sovereignty over Jerusalem,” he added.
 
Rep. Matt Salmon (R-Ariz.) said the ruling “preserves the president’s power of recognition.”
 
“However it also highlights yet another failure on the part of this administration’s foreign policy,” Salmon said.
 
“The president’s abject refusal to recognize Jerusalem as being under Israel’s jurisdiction denies Israel its capital and Americans the right to have their birthplaces accurately described.”
 
Zionist Organization of America president Morton Klein said it’s not about the government recognizing Israel’s sovereignty over Jerusalem, but “it simply gives Americans born in Jerusalem the right to identify themselves with Israel, if that is their choice.”
 
“Any concerns that the law might be construed as recognition of Israel’s sovereignty over Jerusalem could easily have been remedied by the Executive issuing a disclaimer, making it clear that the State Department’s compliance with the law did not mean that the U.S. had officially recognized Jerusalem as part of Israel,” Klein said.
 
“That is exactly what the State Department did when Americans born in Taiwan were afforded the right to have their birthplace listed as ‘Taiwan,’ even though the U.S. did not recognize Taiwan as a separate sovereign from China.”
 
“We are concerned that the Court’s decision will be twisted by Israel-bashers to deny the Jewish connection to Jerusalem and Israel’s right to any part of the city.”

Source
http://pjmedia.com/tatler/2015/06/08/supreme-court-jerusalem-born-u-s-citizen-cant-put-israel-as-country-of-birth/

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Yesterday I was informed by the US
that I am not a resident of Israel
 
By Jordana Brown, Jerusalem Post

Yesterday I was informed that I am not a resident of Israel, as I previously believed. Six Supreme Court Justices from the United States informed me that, as far as they were concerned, I am a resident of Jerusalem.
 
What has been universally regarded as the capital of the Jewish homeland for 67 (and over 3,000) years is suddenly in no man's land, a casualty of those who would rather see this city as part of a political agenda, instead of a home to thousands of Israelis.
 
And so Jerusalem, which is the home of the Knesset and the Supreme Court, and the city mentioned in Torah almost 700 times and never once in the Koran, is apparently not to be considered the capital of the Jewish State. Because they say so.
 
To me, this is a real tragedy. It has negated what our ancestors died for in Jewish history and in the history of this State. And if I'm honest, it's an act of defiance against our own self-determination.
 
We are being told that the United States is denying our right to choose our own capital. The cabinet is ostensibly saying that, so as not to offend the minority, you must gravely insult the majority. This whole debacle does nothing but weaken the Jewish claim to this city, and perhaps that is the point.
 
Perhaps there is an unsaid goal that if people say Jerusalem isn't really part of Israel, it will make it so. And the army of anti-Zionists and anti-Semites worldwide is jubilant at this public slight. Just looking at the comments sections of the various articles about this case will give you a glimpse into the international damage this is causing to a people that suffers one assault after another.
 
The comments are rife with hate and fresh anti-Semitic epithets, showing us all that yet again, we are alone in our fight for justice.
 
The United States, our eternal and natural ally, is the country that is now causing all of Israel's detractors to crow with delight, turning this basically clerical issue into one that threatens our very legitimacy in this city.
 
Well I, for one, refuse to be told that the capital city of Israel is not actually located in Israel. I refuse to believe that due to political correctness and a fear of condemnation from the Arab World (and- gasp! Europe), children born in Jerusalem have no country to call their own. And I pray for the day when the State Department and the president and the US Supreme Court agree with me and change this ridiculous ruling. But until that time, I remain a proud resident of Jerusalem, eternal capital city of the State of Israel.
 
Jordana Brown in a Jerusalem T-shirt with an Israeli flag
- Sorry State Department!
 
Source -
http://www.jpost.com/Blogs/Jordana-In-Jerusalem/Taking-the-Home-out-of-Homeland-405431


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Jerusalem is in Israel 
 
By Michael Curtis

In 1995, the U.S. Congress passed the Jerusalem Embassy Act, to the effect that Jerusalem should be recognized as the capital of the State of Israel, and the U.S. Embassy should be established in Jerusalem no later than May 31, 1999.  The U.S. Department of Justice regarded this as unconstitutional, and no such establishment has taken place.  This is a flagrant disregard of the constitutional provision that the president “should take care that the laws be faithfully executed.”
International differences over territory and legitimacy of states are neither rare nor obscure, but the unparalleled number of religious, ethnic, symbolic, political, national, and legal factors concerning Jerusalem make it the most controversial and disputed issue.

The issue has divided the United States Supreme Court.  On June 8, 2015, in the case of Zivotofsky v. Secretary of State Kerry, the Supreme Court issued its ruling, in a 6-3 decision, in a complex constitutional law debate on the extent of presidential powers.  
 
The Court faced the issues of whether the U.S. president has exclusive power to grant formal recognition to a foreign sovereign, and whether the U.S. Congress can decide foreign policy. It discussed whether Congress can command the U.S. president and secretary of state to accept its decisions.
 
However, the context and real significance of the case were whether the city of Jerusalem should be regarded as a part of Israel.  The son of Mr. Zivotofsky was born to United States citizens who were living in Jerusalem.  
 
They asked the U.S. Embassy officials to list his place of birth as “Jerusalem, Israel.”  The officials refused to do so on the grounds that the U.S. does not recognize any country having sovereignty over Jerusalem.
 
Zivotofsky had made the request on the basis of Foreign Relations Authorization Act, Fiscal Year 2003, that stated that for “purposes of the registration of birth ... or issuance of a passport of a United States citizen born in the city of Jerusalem, the Secretary [of State] shall upon the request of the citizen ... record the place of birth as Israel.”  President George W. Bush signed the bill but expressed reservations about the passport provision.  President Barack Obama has maintained the same reservation.
 
In the case, to challenge the denial by the officials brought by Zivotofsky, the D.C. Circuit Court and then the U.S. Supreme Court held that the passport provision of the congressional statute was unconstitutional, concluding that it contradicted the exclusive power of the Executive Branch (the president) to recognize foreign sovereigns.
 
The constitutional decision, based on the foreign policy powers given to the president in Article 2, Section 2 of the U.S. Constitution, was that it is for the president alone to make the specific decision of what foreign power he will recognize as legitimate, and that his asserted power must be both exclusive and conclusive.  
 
The Supreme Court held that the weight of evidence indicated that Congress has accepted that the recognition power is exclusive to the presidency, and that it was an executive power that Congress may not qualify.  
 
More related to the specific case, the Court also held that it was U.S. policy that neither Israel nor any other country is acknowledged as having sovereignty over Jerusalem.  It neglected the reality that Israel controls the city of Jerusalem.
 
An interesting aspect of the constitutional debate is that the U.S. Constitution nowhere uses the word “recognition.”  Presidents claim and exercise this power on the basis of the so-called Reception Clause, Article 2, Section 3, that the president “shall receive Ambassadors and other public ministers.”  Alexander Hamilton, in Federalist Paper 69, said this function was “more a matter of dignity than of authority.”  
 
 Nevertheless, President George Washington, by receiving the French ambassador in 1793, in effect recognized the French Revolutionary Government.

The U.S. Supreme Court has not questioned the substantial powers of Congress over foreign affairs in general.  Indeed, Congress has made its position clear in discussions of a host of foreign issues.  
 
In 1934, Congress legislated an act to grant independence to the Philippines, then an American colony.  Congress has not given a president what Justice Scalia called “uncontrolled mastery of the nation’s foreign affairs.” 
 
On July 30, 1980, the Knesset passed a Basic Law that “Jerusalem, complete and united, is the capital of Israel.”  Less than a month later, on August 20, 1980, the U.N. Security Council Resolution 478 was “deeply concerned that Israeli law had proclaimed a change in the character and status of Jerusalem.”  As a result, all 13 foreign embassies then present in the city left, and no international embassy is present there today.
 
However, in 1995, the U.S. Congress passed the Jerusalem Embassy Act, to the effect that Jerusalem should be recognized as the capital of the State of Israel, and the U.S. Embassy should be established in Jerusalem no later than May 31, 1999.  
 
The U.S. Department of Justice regarded this as unconstitutional, and no such establishment has taken place.  This is a flagrant disregard of the constitutional provision that the president “should take care that the laws be faithfully executed.”
 
James Madison in Federalist Paper 47 already knew that the accumulation of all powers in the same hands may justly be pronounced the very definition of tyranny.  Most commentators would agree that each part of the U.S. political structure has its own powers and freedom to contradict the policies of the others.  
 
A president should not be immune from congressional laws disagreeing with his political views.  President Obama should implement the 1995 congressional statute, and move the U.S. Embassy to the city of Jerusalem.
 
Source
http://israelagainstterror.blogspot.ca/2015/06/jerusalem-is-in-israel-michael-curtis.html


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To make a point, columnist Yosef Rabin calls for Israel's 'retaliation' against the US:
 
Israel should declare that all areas outside the original 1776 Borders are Native American Occupied Territories, the USA has no legitimate right to rule those territories and Israel can therefore not write United States on the passport.
 
Remember that the US Supreme Court ruled back in 1832 Worcester v. Georgia, 31 U.S. (6 Pet.) 515 that the US policy of stealing native land and pushing them off was illegal. Well the response of President Andrew Jackson to the Supreme Court Ruling was "
" - WHAT HAPPENED TO THE RULE OF LAW IN THE USA???
 
The US Lines of 1776

Source:  http://www.israelnationalnews.com/Blogs/Message.aspx/7105#.VXgrA5tFCM8

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