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THE RESOLUTION on ISRAEL by the VIRGINIA HOUSE is UNCONSTITUTIONAL! STATES CANNOT PRACTICE FOREIGN POLICY!

I like what I hear about Del. Pogge.  She is a strong conservative and she prayed with a friend of mine who is running for judge.  She also opposed the PEC and supported Martha Bonita.  But this resolution of hers on Israel is unconstitutional and she should know it.  It involves the Commonwealth of Virginia in foreign policy.  Here is the Bull Elephant’s take on it.

Here is the resolution for your review:

WHEREAS, the land of Israel was the birthplace of the Jewish people and, despite the Jewish exile, the land has remained the place where the religious, spiritual, and national identity of the State of Israel was formed; and

WHEREAS, Israel has been granted its lands under and through the oldest recorded deed, the Old Testament, a tome of scripture held sacred and revered by Jews and Christians as presenting the acts and words of God; and

WHEREAS, as the grantor of those lands, God stated to the Jewish people in Leviticus 20:24, “Ye shall inherit their land, and I will give it unto you to possess it, a land that floweth with milk and honey”; and

WHEREAS, the legal basis for the establishment of the State of Israel was a binding resolution under international law, which was unanimously adopted by the League of Nations in 1922 and subsequently affirmed by both houses of the United States Congress; and

WHEREAS, the resolution affirmed the establishment of a national home for the Jewish people in the historical region of the land of Israel, including the areas of Judea, Samaria, and Jerusalem; and

WHEREAS, Article 80 of the Charter of the United Nations recognized the continued validity of the rights granted to states or peoples that already existed under international instruments; therefore, the 1922 League of Nations resolution is still valid, and the thousands of Jews currently residing in the areas of Judea, Samaria, and eastern Jerusalem reside there legitimately; and

WHEREAS, the State of Israel declared its independent control and governance of those lands on May 14, 1948, with the goal of reestablishing its God-given lands as a homeland for the Jewish people; and

WHEREAS, the United States was the first [ county country ] to recognize Israel as an independent nation in 1948; and

WHEREAS, the State of Israel is the greatest friend and ally of the United States in the Middle East, and the values and destinies of both countries are inseparable; and

WHEREAS, the State of Israel and the Commonwealth of Virginia have enjoyed cordial and mutually beneficial relations since 1948, a friendship that continues to strengthen with each passing year; and

WHEREAS, the God of Abraham, Isaac, and Jacob promises in Genesis 12:3 “to bless those that bless Israel”; and

WHEREAS, United Nations Security Council Resolution 242 (1967) recognized Israel’s “right to live in peace within secure and recognized boundaries free from threats or acts of force”; and

WHEREAS, there are those in the Middle East who have continually sought to destroy Israel from the time of its inception as a state, and those enemies also abhor and desire the destruction of the United States; and

WHEREAS, today, Israel faces continued threats to its safety and security from Iran and other Middle Eastern countries; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That support for the State of Israel be encouraged; and, be it

RESOLVED FURTHER, That the cordial and mutually beneficial relationship between the Commonwealth of Virginia, the United States, and the State of Israel be encouraged; and, be it

RESOLVED FURTHER, That the State of Israel has the right to live in peace and to defend itself, that Israel be recognized as neither an attacking force nor an occupier of the lands of others, and that peace can be achieved in the Middle East region only through a whole and united Israel governed under one law for all people; and, be it

RESOLVED FURTHER, That the State of Israel’s legal, historical, moral, and God-given right of self-governance and self-defense throughout the entirety of its land be supported; and, be it

RESOLVED FINALLY, That the Clerk of the House of Delegates transmit a copy of this resolution to the President of the United States, the United States Secretary of State, the United States Secretary of Defense, the Speaker of the United States House of Representatives, the President of the United States Senate, the Virginia Congressional Delegation, and Prime Minister of Israel Benjamin Netanyahu, requesting that they further disseminate copies of this resolution to their respective constituents so that they may be apprised of the sense of the General Assembly of Virginia in this matter.

Now I strongly support Israel and I am pained that the Obama Administration seems to be so willing to turn their back on its best friend in the Middle East.  But states cannot practice foreign policy.  I will not campaign against cities joining ICLEI and then turn around and condone this.  I might have walked out too.  Now it is right to ask the Dems the question:  Why did you refuse to vote?  But this resolution ought to have lost 100-0.

PS:  This is the second session where the Virginia General Assembly meddled in foreign policy.  Remember the East Sea fiasco?

About Elwood Sanders

Elwood “Sandy” Sanders is a Hanover attorney who is an Appellate Procedure Consultant for Lantagne Legal Printing and has written ten scholarly legal articles. Sandy was also Virginia’s first Appellate Defender and also helped bring curling in VA! (None of these titles imply any endorsement of Sanders’ views)

4 Responses to “THE RESOLUTION on ISRAEL by the VIRGINIA HOUSE is UNCONSTITUTIONAL! STATES CANNOT PRACTICE FOREIGN POLICY!”

  1. Scott says:

    Sandy, just out of curiosity, what is there in this resolution that contradicts US policy to Israel?

    • Scott, it isn’t that States aren’t allowed to contradict foreign policy, it’s that they aren’t allowed to conduct it. Plus, this is the very point upon which the Federal Government sued Arizona in their attempt to pass an identical law to the federal laws which the federal government refused to enforce.

  2. Paul Blumstein says:

    States are not practicing foreign policy since whatever the vote turns out to be has absolutely no power in that arena.

    It does, however, remind the Federal Government that they are beholden to the people and this is how the people of Virginia would like their government to behave.

  3. Sandy has a point. Though, at this point, since the US Constitution doesn’t mean anything anymore…. I don’t know how badly I feel about it. I suppose, however, that our Delegates should be principled and follow the Constitution, even if they are the only side of the aisle that does.

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    Tom White Says:

    Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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