In Praise of James Madison

As Americans mark the 220th anniversary of their nation's

charter this week, Israelis can only look on in envy

YOU COULD be forgiven for having missed it, but Monday, September 17, marked Constitution Day in the United States. In schools across America students commemorated the 220th anniversary of the Constitution. A presidential proclamation has designated September 17 through September 23 as Constitution Week.

According to the Center for Civic Education, children in American kindergartens are being taught how and why "authority is useful in society," while high-school students are expected to examine how and why the Constitution reorganized America's original form of government.
As most American youngsters (though, I suspect, fewer adults) can attest, for 11 years - between the time it gained independence from Britain on July 4, 1776, until September 17, 1787 - the United States didn't have a constitution. It operated instead under guiding principles known as The Articles of Confederation.

THE PHILOSOPHICAL foundations of the American Constitution deserve to be studied not only by students of American politics, but also by those who wish to spread democracy to the Middle East; and by Israelis debating whether and how to craft a constitution for the Jewish state.

Though the US Constitution begins memorably with "We the people..." the founding fathers adhered to a cynical view of human nature, which in practice meant that the last thing they wanted was to hand raw power to "the people."

Benjamin Franklin and Alexander Hamilton, whatever their differences, agreed that men loved power and would, if left to their own devices, act exclusively in their own interest, unmindful of the collective good. That's why the founders concluded that power concentrated in any one place - whether with a majority, a minority or any single branch of government - would be abused.

Thus the architect of the American Constitution, James Madison, argued for a system in which "Ambition must be made to counteract ambition." Power should be set against power, so that no one faction, group, or institution could overwhelm any other.

For Madison, the secret of good government was balancing contending groups. So long as no one center of power could capture the entire government, tyranny could be avoided. This explains why Madison's constitution called for a complex system of checks and balances, and separation of powers ensuring that neither "the people" nor the self-interested elites (meaning Madison and his contemporaries) could hijack the American regime.

THE FAR-SIGHTED founders came up with a framework in which power would be diffused among the elite and the masses. An electoral college - not "the people" - would elect the president; state legislatures would elect the senate. Power in the Congress would be divided between two houses, and a Supreme Court would balance the executive and legislative branches.

Indeed, in one of its first actions, the new Supreme Court gave itself the power of judicial review.

What America's sages produced was not a participatory democracy, but a republican form of representative government. They did this not to hoodwink the masses but to protect them from themselves. The founders held that der oilom is a goilem.

Or as Madison put it, a little differently: The "public voice, pronounced by representatives of the people, will be more consonant to the public good than if pronounced by the people themselves."

Elsewhere he argued that "You must first enable the government to control the governed; and in the next place, oblige it to control itself." He knew that "enlightened statesmen will not always be at the helm," so the US political system was designed for the worst of times, not the best.

Men were not angels, in Madison's assessment of human nature, thus the constitution's architects needed to design a regime which would take the harsh reality of human nature into account. However, he wanted the people granted maximum personal liberties, while constraining the government's ability to impose itself on the individual citizen.

TO SUM UP, the main features of the Madisonian model of democracy include:

Secularism. The preamble invokes "the people," not a deity.

Enlightenment. The manifesto is a product of the 18th-century movement which rejected orthodox social, religious and political ideas in favor of an emphasis on rationalism. The men who wrote America's political rules had read Locke and Montesquieu.

Republicanism. The ethos of the Constitution is representative government, not popular democracy; this explains the intricate system of checks and balances, and the separation of powers intended to prevent both masses and rulers from concentrating too much power in any one set of hands.

Adaptability. The founders designed a system that could be modified as time and circumstances demanded, but not one that could be radically altered with abandon. They did not want lurches in popular opinion during periods of upheaval to set the stage for changing the fundamental rules of America's political game (though as the 1919 18th Amendment outlawing alcohol proved, the Constitution wasn't completely immune to populist pressures).

Elite-driven alterations to the original manifesto were in fact ratified within just four years. Ten new amendments, spearheaded by Congressman James Madison himself and now collectively known as The Bill of Rights, were added to make explicit provisions for freedom of religion, press and speech.

Over time, the American Constitution required further modification to - among other things - belatedly outlaw slavery (1865); provide for federal supremacy over the states in matters of political liberty (1868); give women the right to vote (1920); and, in 1971, lower the voting age to 18 (which, counterintuitively, helped Richard Nixon defeat George McGovern in the 1972 presidential elections).

WHILE THE philosophy that went into crafting the US Constitution ought to inform 21st-century proponents of representative government, let's be mindful that America's Constitution was and remains a product of a particular time and political culture.

Americans can be grateful to Madison (and to several centuries of Supreme Court case law) for helping to create a relatively egalitarian polity that encourages political as well as socioeconomic upward mobility. In my book, this history of what I'd call responsible elitism helped make America the greatest country in the world.

Yet it would be dangerous to think America's unique experience could serve as a template for spreading democracy in the Middle East.

First off, the architects of the American political system would probably be aghast at the notion of tyrannically-oriented masses voting in an ambiance that lacked permanent rules and political institutions. They would, rightly, see such balloting as contributing nothing to political development, minority rights, civil liberties or stability. Using the Madisonian yardstick, the January 2006 elections held in the Palestinian Authority that brought Hamas to power would, I suspect, be the antithesis of representative democracy. The same would probably apply elsewhere in the region.

USING THE US experience as a template for an Israeli constitution is also a nonstarter. Creating permanent political rules for a 59-year-old polity may appear long overdue, but when that also society happens to be an ancient civilization risen from the ashes - prudence should trump speed.

Israel faces this constitutional dilemma: how to conserve and develop the state's Jewish character, while not impinging on the civil liberties of individual citizens. And regrettably, there are no altruistic and wise elites to lead the way. Instead, Israeli politics is largely dominated by small-minded politicians, phoney holy men and moneyed oligarchs. Not surprisingly, they can't agree about where we've come from, where we are, and where we should be heading.

THE DEFICIENCIES of the Articles of Confederation led America's Founders, in 1787, not just to modify their broken system, but to radically overhaul it. A parallel approach in today's Israeli setting would be dangerously destabilizing. This country's hyper-pluralist system - in which narrow-minded and single-issue groups are empowered to run amok while irresponsible, benighted and self-interested elites profiteer - has led many Israelis to lose faith in our regime's legitimacy.

Given the dearth of Madisonian-like wisdom and the fractiousness of our society, perhaps the way ahead is for the Jewish state to first reform its election system (for instance, by raising the electoral threshold and introducing constituency representation), and only afterwards turn to overhauling the permanent rules of the political game.

This week, America's youngsters are fortunate in having the opportunity to study anew why their Constitution deserves to be cherished. It's too bad there's no Madison anywhere on the horizon for their Israeli counterparts.

The taxi ride during which nothing happened

'Yediot Aharonot' claims Israel is a racist society.

I say it doesn't know the meaning of the word


Last Tuesday night I gave in to fatigue and took a taxi home from The Jerusalem Post building. I told the driver where I was going, he clarified my destination - in perfect Hebrew - and off we drove.

As I settled into the back seat, I heard a melodic recitation of the Koran playing low on the radio. Along the way my driver conducted a brief conversation in Arabic. For all I know he might have been saying, "OK sweetie, I'll pick up some feta cheese on the way home," but the fleeting thought crossed my mind that he could be arranging my kidnapping and that I wouldn't be eating supper at home that night. Yet here I am to tell the tale.

I wouldn't even have recalled this non-incident but for the fact that a few days later Israel's main tabloid, Yediot Aharonot, devoted its front page, plus the first four inside pages, to an "exposé" of Israeli racism.

"Racist Country" the headline lamented. "Discrimination in Israel 2007: This is what we're like," ran the intro, which continued: "We sent an Ethiopian, a Russian, a Moroccan, an Arab, a haredi, and an Ashkenazi throughout Israel to search for work, rent a flat, sign up a child in kindergarten..." - and, lo and behold, the newspaper unearthed the startling revelation that Ashkenazi Israelis faced virtually no discrimination, while Arab Israelis encountered lots of it.
That, in the eyes of Yediot, makes the country "racist."

And I suppose Yediot would label me racist because of the neurotic scenario I played out in my head during that evening taxi ride. Or is Yediot confusing prejudice, which is both understandable and mostly curable, with racism, a scourge that is essentially untreatable (think Ahmadinejad) and could lead to genocide?

I'm not being picayune. But if everything is "racism," then nothing is "racism." The term loses all meaning - which only serves the interests of genuine racists.

My gut instinct tells me that Israel isn't "racist" relative to other Western societies, and that the problem Yediot "exposed" was wrongly diagnosed.

YEDIOT HAD six Israelis of similar age and educational background approach a total of 400 restaurants, cafes, rental apartments and kindergartens in 22 cities, from Kiryat Shmona in the north to Eilat in the south in search for work, apartments or play-school slots for their children.
The Ashkenazi candidate received overwhelmingly positive feedback, with the Moroccan (Sephardi) applicant not too far behind. In third place came the haredi, followed closely by the immigrant from the former Soviet Union.

But - and here is where the tabloid thinks it uncovered our "racism" - the Ethiopian immigrant and Israeli Arab candidates lagged far behind. Doors open to the other applicants were slammed shut in their faces. (The Arab was rejected 66 percent of the time; the Ethiopian 44%.) An inexperienced Ashkenazi was invariably taken over the qualified Arab; ditto for the Ethiopian.

When he applied to be a barman, one cafe demanded a "certificate" from the Ethiopian certifying that he could operate a "complicated" espresso machine. The inexperienced Ashkenazi was invited to come down for an interview.

The so-called racism, incidentally, went both ways: Some places preferred Russian speakers over native-born Hebrew speakers.

Strikingly, Yediot's sample group didn't include a "settler." It would have been interesting to see what chance a youth from a community in Judea or Samaria would have had of landing a barmen's job in, say, the trendy Sheinkin neighborhood of Tel Aviv.

In his adjoining comment on the admittedly unscientific survey, columnist Yair Lapid, a quintessential north Tel Aviv yuppie, concluded that Israel had gone astray. Then, quite unselfconsciously, Lapid went off at a tangent, ranting against settlers, haredim and politicians who attend (Moroccan) Mimouna festivals.

I give more gravitas to the newspaper's in-house analyst Sever Plocker, who pointed out the obvious: Four of the participants could not have encountered "racism" because "there is no such thing as a haredi race" or a "CIS immigrant race," or Ashkenazi and Sephardi races.

Haredim, Plocker argued, themselves have a history of intolerance (in housing, transportation, education), so it wasn't shocking that there were cases where they got what they gave.
Plocker's conclusion: "So are we racists? Very much so toward the Arab minority [and], to a troubling extent, toward immigrants from Ethiopia. [But] only to a small extent toward other sectors... in Jewish Israeli society. This is a consolation of sorts."

ACTUALLY, PLOCKER can take greater consolation than he imagines. Because Israelis aren't "racist" toward Arabs either, and the idea that we're "racist" toward Ethiopians is ludicrous.

Need I point out that the Ethiopians got here in the first place because we rescued them from starvation and discrimination? And isn't it at all relevant that Palestinian Arab citizens of Israel - "Israeli Arabs" - have all the rights Plocker and I enjoy despite their (communal, theological and political) affinity for the Palestinian Arabs, who happen to be engaged in a century-long war with the Jewish population of this land?

I'm not saying I would want to switch places with an Ethiopian immigrant or a Palestinian Israeli. But the bias they face needs to be understood for what it is; and what it's not.
Yediot has conflated racism with prejudice and discrimination - of which, alas, there is plenty in Israel. But get the diagnosis wrong and addressing the problem becomes impossible.

Hit the dictionary and this is what you'll learn: Racism, a term first coined by Ruth Benedict in 1942, is a doctrine or teaching - without scientific support - that claims to find racial differences in character or intelligence. It asserts the superiority of one race over another, or seeks to maintain supposed racial purity of a race or of the races.

WHO KNOWS? That Tel Aviv cafe manager who demanded a diploma in espresso machine operations from the Ethiopian job applicant might well be a latent racist - or he might be a garden-variety putz. And no, I don't kid myself: If the Falashas were a white African tribe - all other things being equal - they would integrate a lot more easily. But the fact that we Jews are a people and a civilization, and not a race, means that, with time, today's discriminated-against Ethiopian Jews (assuming we invest smartly in their education and social advancement) will become tomorrow's Moroccans.

Prejudice can dissipate. Racism is largely incurable.

And while prejudice dissipates too slowly, let's understand what it really is: a judgment or opinion formed before the facts are known. It's unreasonable bias, suspicion, intolerance or irrational hatred of other groups, races or creeds. Thankfully, personal experience and proper socialization can alter people's prejudices. You can learn that Moroccans - or Ethiopians - are as good as anybody else.

So my argument is that while Israelis may be biased - meaning that they have mental leanings in favor of or against some group - this isn't at all analogous to being racist. Closed-mindedness and intolerance may be all too prevalent, but time and proper socialization can cure the disorder. That's largely been the case in the West when elites encourage inclusivity and upward mobility.

I am not saying there are no Israelis who subscribe to theories of blood superiority or inferiority - but these people are on the fringes of society, just as they are in the US or Europe. They don't exemplify "what we're like."

I SPENT a good chunk of Sunday in the out-patient department of Hadassah Hospital on Mount Scopus. Let me suggest that any fair-minded observer wanting to test the canard that Israel is a racist society observe the goings-on at an Israeli hospital. Haredim, Russians, Arabs, Ashkenazim, Sephardim - even native-born New Yorkers - receive (and give) identical, and mostly compassionate, care. Not only is there no "racism," I've never seen even a vestige of bias or favoritism.

Besides, and this is no small matter, it's hard to conceive of Arabs and Jews as being separate races. A race, and here I hit the dictionary again, is distinguished by "form of hair, color of skin and eyes, stature, and bodily proportions." Many anthropologists now consider that there are just three primary racial groups: Caucasoid, Negroid and Mongoloid, each with its various subdivisions.

Arabs and Jews are Semitic peoples. In fact, both traditions maintain that Arabs and Jews are the children of Abraham. Trying to understand what divides us on racial grounds is not only foolish, it's mean-spirited and deceptive.

Oh, and for the record: I really don't like taxi drivers. Never have. Not here, or back in New York City. Call me biased, prejudiced, closed-minded, street-savvy - whatever - but don't call me racist.

'Perfidy' revisited

YadVashem says it's time to end

the vilification of Rudolf Kastner.

Is it?

ONCE IN a very great while you read a book that forever changes your perspective. For me that book was Ben Hecht's Perfidy, which I devoured sometime in 1974 or '75 after it appeared on a recommended reading list issued by the Jewish Defense League, of which I was a member.

Perfidy means treachery; the deliberate breaking of faith. In 1961, when Hecht published his aptly titled exposé about events in the Holocaust, Hitler's war against the Jews was a repressed memory in the American Jewish consciousness.

Perfidy sold well enough to go into a second edition, though by the time I procured a copy it had gone out of print and was rumored to have been blacklisted.

PERFIDY IS a devastating account of how, toward the end of the Shoah, the Jews of Hungary were betrayed by Rudolf Kastner, deputy head of the Relief and Rescue Committee, an ideological affiliate of Mapai (precursor of today's Labor Party).

Hecht tells how after the Nazi invasion of Hungary in March 1944, Kastner brazenly collaborated with Dieter Wisliceny, a top aide to Gestapo Jewish Section chief Adolf Eichmann, to save the lives of cronies and family. Eichmann allowed Kastner to organize a rescue train which brought 1,685 of these people to safety in Switzerland, in return - so goes Hecht's damning accusation - for keeping the rest of Hungarian Jewry in the dark about the fate that awaited them. He thus facilitated the Nazi genocide.

Hecht charges that Kastner, despite his connections with the SS, didn't lift a finger to help Hanna Szenes, the Palestinian Jewish heroine who had parachuted into Nazi-occupied Hungary on a rescue mission.

Perhaps most damning of all: After the war, Kastner testified on behalf of SS officer Kurt Becher (a Nazi he'd been dealing with), though Becher had taken part in the genocide of Hungarian Jewry. With all this under his belt, Hecht wrote, Kastner eventually wound up in Israel vying for a spot on the Mapai Party's Knesset list.

HECHT REVEALED additional treachery that purportedly reached beyond Holocaust-era Hungary, and thus transformed everyone else's Zionist heroes - David Ben-Gurion, Chaim Weizmann, Moshe Sharett - into villains for me.

For, according to Hecht, the entire Mapai leadership was part of an enormous betrayal: They failed to alert the Jews of the Yishuv to the enormity of the genocide taking place in Hitler's Europe. Had they done so, goes the argument, there would have been an uprising of Palestinian Jews demanding that the gates of Eretz Israel be opened and that the Allies do something to save their doomed brethren. Instead of raising the alarm, the Mapai leaders, who dominated the quasi-governmental Jewish Agency, pursued an accommodationist policy toward the British Mandate authorities.

That wasn't all. In the Joel Brand Affair, Mapai chieftains collaborated with the British in torpedoing the Hungarian Jews' very last chance of avoiding the gas chambers. For in April 1944, Eichmann allowed Relief and Rescue Committee member Joel Brand to leave Occupied Europe with a stunning proposal: The Nazis would trade a million Jews for 10,000 trucks to be used only against the Soviets on the eastern front. Rather than facilitate the mission, Hecht wrote, Mapai leaders conspired with the British to have Brand detained.

As if all this weren't enough, the Mapainiks betrayed Irgun and Lehi fighters to the British both during and after the war, culminating, in their relentless duplicity, in the sinking of the Altalena and the attempted murder of Menachem Begin.

IT ALL TIED obscenely together. From the vantage point of the mid-1970s (when I first read Perfidy), the villains were of a type - quisling Jewish establishment leaders, the same kind of people who were telling JDL activists not to confront black and Puerto Rican hoodlums in the urban badlands of New York City; not to harass Soviet diplomats in an effort to pressure the Kremlin into freeing Soviet Jewry, and not to demand that money raised by the Jewish federations be earmarked for Jewish causes.

No wonder Rabbi Meir Kahane wanted us to read Perfidy, and no wonder we were enraged.
ALL THESE recollections welled up again last week as I read an Associated Press dispatch which reported that Yad Vashem had received "Kastner's private archive" from his family in the hope that it would clear his name, once and for all, and end his "vilification" by proving that Kastner was a hero and not the villain portrayed by Hecht and others.

"There was no man in the history of the Holocaust who saved more Jews and was subjected to more injustice than Israel Kastner," Yosef (Tommy) Lapid, chairman of Yad Vashem's board of directors, told the AP. "Kastner's backers," the AP reported, claimed his actions were on a par with those of Oskar Schindler. Robert Rozett, Yad Vashem's top librarian, asserted that Kastner was indeed a rescuer - not a collaborator.

Was it time for me to reevaluate, to face the possibility that Hecht might have been mistaken in his interpretation of the Kastner case? And if Hecht was mistaken about Kastner, was he also wrong in his portrayal of Mapai's motives?

HECHT BASED Perfidy largely on a libel case brought, contrary to Kastner's wishes, by Israel's attorney-general Haim Cohn against right-wing gadfly Malkiel Grunwald.

In the summer of 1952, Grunwald disseminated a mimeographed newsletter accusing Kastner of collaborating with the Nazis. When "Pamphlet 51" was released, Kastner was working as a spokesman for the Ministry of Industry and Trade - hence Cohn's (and the governing Mapai's) determination to quash the charges.

The trial opened in January 1954 and quickly transformed itself from a libel case against the hapless Grunwald into an indictment of Kastner and the entire Mapai apparatus.
Shmuel Tamir, a leader of the Herut Party, Mapai's bitter foe and precursor to today's Likud, represented Grunwald before Jerusalem District Court judge Binyamin Halevi.

The case lasted 10 months. The court heard 60 witnesses, saw hundreds of documents submitted in evidence and generated 3,000 pages of testimonies.

On June 22, 1955, Halevi delivered his verdict which took all day to read: Kastner had collaborated in facilitating the Nazi destruction of Hungarian Jewry; and his "rescue train" was a "gift" for services rendered - 388 of those on board were family and friends from his home town of Cluj.

Judge Halevi: "Kastner sold his soul to the devil."

IN JANUARY 1958, however, the Israeli Supreme Court, in a split decision, overturned Halevi's decision. In an opinion written by Justice Shimon Agranat, the high court said the task before it was not to give Kastner "a clean bill of health" but to examine whether Grunwald had proved his contentions beyond reasonable doubt.

Hecht summarized: "All five Supreme Court judges upheld Judge Halevi's verdict on the 'criminal and perjurious manner' in which Kastner after the war had saved Nazi war criminal Becher - 'without justification.' Two of the judges further upheld Judge Halevi's findings that Kastner had collaborated with the Nazis during the war. Three did not."

KASTNER - WHO had been working as night editor for the Hungarian-language daily Uj Kelet - never lived to see the lower court decision overruled. At 12:10 a.m. on March 3, 1957, Ze'ev Eckstein, Yosef Menkes and Dan Shemer ambushed him as he was parking his car outside his Tel Aviv home at 6, Sderot Emanuel.

He succumbed to his wounds on March 16, leaving a wife and 11-year-old daughter. Two thousand people attended his funeral.

The three attackers were convicted, served time and were released by 1963. Eckstein, the shooter, was said to have been a paid informer of the Shin Bet.

OVER THE years the case continued to make ripples, with books, plays and documentaries - none definitive.

In 1981, for instance, "documents" were reportedly discovered which were said to "prove" that Kastner had saved the lives of 200,000 Jews - and that Kurt Becher had collaborated with Kastner, not the other way around. In 1982, Israel TV broadcast a fair-minded documentary about the affair. Several plays were written about the trial; one by Motti Lerner was even performed in West Germany in 1985. Another, in 1987, was by the virulently anti-Israel British playwright Jim Allen, who claimed "The Zionists" were "Hitler's favorite Jews."

Paradoxically, there was something - albeit with crucial variations - that the Jabotinsky Right, the anti-Zionist Left and the mad hatters at Natorei Karta could all agree on: Kastner had been a villain, and his behavior emblematic of what could be expected from Mapainiks.

At the same time, I never came across a reputable Holocaust history that embraced Hecht's line about Kastner's dealings with the Nazis - whether Raul Hilberg's classic The Destruction of the European Jews (1985), Saul Friedlander's just-released and widely acclaimed The Years of Extermination: Nazi Germany and the Jews, 1939-1945, or anything in between. Friedlander, for instance, writes that it is simply impossible to know why Kastner testified on the Nazi Becher's behalf.

AND THAT'S where things more or less stood when the Kastner "archive" - which Yad Vashem hopes will end his vilification - was delivered to the Holocaust museum on July 22.

In an interview at Yad Vashem, librarian Rozett told me that the "Kastner archives" amount to just several boxes, and that the material contains no smoking gun - or, in terms of what I was looking for, no unsmoking gun that would demonstrate Kastner's pure intentions.

Nevertheless, Rozett argued, "Ben Hecht's book is not a work of history" and his
interpretations are simply wrong.

Take the train that brought 1,685 people to safety. Rozett: "They were a group chosen by Hungarian [Jewish] leaders, Kastner, members of the Jewish council, [and] leaders of Orthodox Jewry." Everybody put on people from their own camp. In fact, the train carried Joel Teitelbaum, the Satmar rebbe, as well as leading Betar activists.

Sure, Kastner packed as many friends and family on board as possible, but so what? He didn't do it as part of a plot, Rozett affirmed.

Understanding the context is everything if you want to evaluate Kastner's behavior, he emphasized. For instance, the impetus for Kastner's dealings with the Nazis in the first place was the fact that Dieter Wisliceny, Eichmann's envoy, had arrived in Budapest with a letter of introduction from Rabbi Michael Dov Ber Weissmandel. The Slovakian Orthodox leader had been bribing the Nazis with money to stop deportations.

WITH GERMANY'S defeat just over the horizon, it became commonplace for Third Reich figures to pursue authorized and freelance negotiations: about a separate peace, to enrich themselves or to prepare alibis.

According to Rozett, the May 1944 Joel Brand affair is now understood to have been part of a far more complex gambit than Hecht described. What most people forget about Brand is that he was accompanied by Bandi Grosz - a double, triple or even quadruple agent. D-Day was just weeks away, and the real purpose was to offer the US and Britain a separate peace with Nazi Germany, leaving the Soviets out in the cold.

In this version, Brand's trucks-for-Jews mission was - unbeknownst to him - just a cover story. "So we have," said Rozett, "this [attempt at] driving a wedge between the Allies and Germany" at a pivotal point in the war. It was the British commitment not to allow the Nazis to divide the Allies at this pivotal juncture that killed the Brand mission.

"And the Mapai leaders didn't cry out because the official position of everybody is that this deal was not workable, but that the Germans needed to be strung along. Hecht's view is predicated on the idea that the Jews had a certain amount of serious power. [In fact,] they had very little power."

In The Seventh Million, popular left-wing journalist Tom Segev also addresses the trucks-for-Jews affair: "The matter had gone from the Jewish Agency executive in Jerusalem to the desks of Churchill, Roosevelt and Stalin. None of them wanted the deal, each one for his own reason, and for one common reason: They did not know what to do with a million Jews. Eichmann ordered the trains to roll to Auschwitz."

In Jews for Sale, Yad Vashem's Yehuda Bauer argues, contrary to Hecht, that Chaim Weizmann and Moshe Sharett wanted the British to allow Brand to return to Hungary in order to buy time with Eichmann. They also pleaded for radio warnings to the doomed Jews, and for the bombing of the rail lines leading to Auschwitz.

But the British weren't interested; incredibly, London suspected, writes Bauer, that the trucks-for-Jews proposal "was a major German-Zionist plot to introduce a million Jews into Palestine."

IN A telephone interview, I asked Tommy Lapid, who was in Hungary during the Kastner period (though not involved in the rescue train), why he is convinced that Kastner should be remembered as a hero, not a villain. While Lapid is not a follower of Jabotinsky, neither is he a Mapainik, so his views carry some weight.

Lapid recalled that he first met Kastner in Israel, and that they worked alongside one other at the Uj Kelet Hungarian daily.

"I saw Kastner in the office the week he was killed," Lapid recalled. He was personally sympathetic to Kastner, whom he remembered as an extraordinarily intelligent man.
Why, I asked, did he testify for the Nazi Becher after the war? Because, said Lapid, Kastner promised Becher: If you help me save Jews, I will do my best to save your neck after the war.

He didn't need to keep his word, Lapid argued; who would know the difference? The fact that Kastner did honor his promise proved his ultimate decency.

Yes, he lied in Halevi's court about not having testified in Becher's favor - because in 1950s Israel it would have been impossible to publicly justify his actions. No one would want to listen.

Lapid feels strongly that anyone who didn't personally experience the Shoah - and he was thinking especially of Kastner trial judge Binyamin Halevi - was in no position to evaluate Kastner's actions.

Kastner had immense "sacred hutzpa," Lapid told me. It gave him the strength to deal face-to-face with Eichmann in an effort to save Jews - only to have the surreal nature of those negotiations dissected years later, in the comfort of a Jerusalem courtroom.

Even though during the war Kastner reached the safety of Switzerland, he nevertheless chose to return to Germany and Hungary, Lapid reminded me. And even with Becher's promised personal protection, who but a hero who wanted to save Jewish lives would put himself in harm's way at the height of the Allied offensive against Germany, with bombs exploding all over the place?

But why, I challenged, didn't Kastner warn the Jews of Hungary of the fate that awaited them? There was no point, said Lapid. "A revolt by Hungarian Jewish women and children would have resulted in an immediate massacre. (The men had already been taken for forced labor.) The object was to buy time in any way possible."

Finally, what about the insinuation that the Shin Bet killed Kastner to keep him silent and Mapai in power? "Absolute nonsense," declared Lapid, if for no other reason than because the then head of the Shin Bet was Amos Manor, a close personal friend of Kastner's from Hungary.

HAVING REVISITED these issues, I'm still in no position to determine whether - or to what extent - Hecht may have been wrong in his interpretation of Labor-Zionist behavior during the Holocaust. But I am left with the sense that their contradictory conclusions notwithstanding, neither the historians, nor Hecht, nor the folks at Yad Vashem, who are intent on clearing Kastner's name, are out to deceive.

Today, I see no value in willing ourselves to remain embittered, perhaps in perpetuity, over Zionist ideological divisions during the Mandate and the Shoah era. It's time to move on.
The true villains of the Shoah, let us never forget, were first the Nazis and their enablers, then those who barred the gates of refuge, and those who rioted to keep them barred.

The death of heresy

How do we define the parameters of
our civilization without
creating 'mutually exclusive Judaisms'?


The first heretic I encountered was an instructor who taught introductory philosophy at Brooklyn College. "There's no way to pass this course if you believe in God," he announced on the first day of class.

My cloistered yeshiva life barely behind me, I found myself in 1972 sitting in the same classroom with girls and goyim, and an atheist for a teacher.

The memory came to mind when I heard that another former Brooklyn College professor of mine, historian and Orthodox rabbi David Berger, was in Jerusalem. Berger, who will be assuming a new position at Yeshiva University this Fall, was here to lecture at a symposium entitled "Defining Heresy: The Shifting Boundaries of Religion" at the Institute for Advanced Studies at Hebrew University.

Berger's presence at Brooklyn College was immensely reassuring. He was a modern Orthodox Jew (by which I mean strictly observant, yet seeking to engage with modernity). Whether he knew it or not, he was a role model for many of the yarmulke wearers on campus.

Unlike the philosophy instructor, whose name I no longer remember, Berger wasn't all flash and no fire, but a scholar of substance. He came to class prepared and his lectures were lucid. To this day I've kept my notes from his courses on ancient and modern Jewish history.

I MET UP with Berger, who is also a leading expert on Catholic-Jewish relations, intending to ask him about Pope Benedict XVI's decision to make it easier for a minority of Catholic priests who want to celebrate the Tridentine Mass to do so. This mass, recited in Latin, was the prevailing custom from 1545 until 1962.

The Catholic mass is more than just a series of prayers; faithful participants believe they are literally experiencing Jesus's sacrifice.

The problem with the Latin mass, from the Jewish perspective, is that it once contained a reference (removed by Pope John XXIII) to "perfidious [or faithless] Jews."

The Good Friday liturgy of the Tridentine Mass includes, according to Abraham Foxman of the Anti-Defamation League, the following prayer: "Let us pray also for the Jews that the Lord our God may take the veil from their hearts and that they also acknowledge our Lord Jesus Christ. Let us pray: 'Almighty and everlasting God, You do not refuse Your mercy even to the Jews; hear the prayers which we offer for the blindness of that people so that they may acknowledge the light of Your truth, which is Christ, and be delivered from their darkness.'"

Foxman argued that reciting this supplication would be "a body blow to Catholic-Jewish relations."

BERGER TOLD me he still wanted clarification on whether the prayer would indeed be included. If it's in, he would prefer the courteous lobbying approach spearheaded by the International Committee on Interreligious Consultations, which had already sent a letter of inquiry to Walter Cardinal Kasper, the Vatican's emissary to the Jews. It was signed by AJCommittee's Rabbi David Rosen, Rabbi Richard Marker, an academic, and veteran Jewish leader Seymour Reich.

Berger, who articulates his words in measured, thoughtful and precise phrases, isn't comfortable with the idea of telling Christians what to believe about their own religion. In a recent New York Jewish Week op-ed, he wrote: "While Christian revision of teachings that contain the potential of spawning anti-Semitism is very much the Jewish interest, Jews need to be cautious about making demands that can create resentment and backlash and even legitimize Christian demands for reciprocal revisions in Judaism."

Berger went on to argue that the "imperative of self-defense allows Jews to pursue a carefully formulated argument that Christians should refrain" from proselytizing. But just where to draw the line, he says, is something to agonize over - not yell about.

WHY IS the Latin mass important to Pope Benedict? It's because he wants theologically conservative Catholics, of which he's one, to feel spiritually at home in the Church.

A tiny schismatic faction led by the late French archbishop Marcel Lefebvre split from Rome in 1988 because it felt the Church was pursuing a wide range of heretical reforms - jettisoning the Latin mass being just one instance.

For the ultra-conservatives, making it easier to conduct the Tridentine Mass is too little, too late; while for theologically liberal Catholics the decision is seen as a capitulation to the Lefebvrists. Liberals worry that the Vatican is embarking on a journey that could reverse 40 years of innovation.

Today's mass is recited in the vernacular, priests face worshipers, there is congregational participation and various forms of religious music are allowed.

To add to his troubles, Pope Benedict has come under criticism from Protestants for proclaiming last week that there were "defects" in their beliefs. The Vatican holds that while Protestants are part of the "Christian community" they are separated from the true Church - meaning from direct lineage to Jesus's original apostles claimed by Rome.

BERGER AND I didn't talk much more about the Latin mass. His being in town lecturing on heresy led to the subject of Chabad. His book The Rebbe, the Messiah and the Scandal of Orthodox Indifference is the most powerful polemic against what's become of the Lubavitchers.
As Berger sees it, their theology is distinctly at variance with the established religious beliefs of Jewish Orthodoxy.

Here's the rub: The Lubavitchers' beliefs are a problem for Berger precisely because he's a true believer himself. He takes to heart the Thirteen Principles of Faith, in which Maimonides (1135-1204) summarized Jewish dogma. Were Chabad not viewed by so many as "Orthodox," Berger would be less anxious about their inroads into Jewish life; the Lubavitchers would be just another schismatic group. The problem is that Chabad looks Orthodox, walks Orthodox, quacks Orthodox.

I asked Berger why the Chabad issue hardly makes any waves in the Orthodox world. His answer was that the Orthodox delude themselves into thinking that only a minority of Chabadniks are messianic - when a majority is. To the extent that there is a minority in Chabad, it is the faction that worships the Rebbe as an outright deity.

"The Orthodox are also insensitive to the key point that recognizing messianists as Orthodox rabbis legitimates this belief within Orthodoxy irrespective of the number of believers," he said.

Faced by Chabad's extraordinary theological assault from within, Orthodox leaders pursue the path of least resistance. Their approach is to avoid acrimonious confrontation (I suppose they save that for gays, Russians who want to convert, the secular, and the other major streams of Judaism).

Maybe, Berger surmised, the Orthodox tell themselves: This Rebbe-messiah business is a passing fad. Anyway, each Orthodox sect looks after its own interests, and there is no advantage in taking on Chabad. Conversely, the Orthodox world is interdependent. To openly challenge Chabad across the globe would be an undertaking of immense proportions and debilitating to Orthodox interests.

So when Orthodox people see Chabad doing good deeds, working with drug addicts, feeding the hungry, providing low-cost day care and bringing kosher meals and holiday services to places off the beaten track, there is no incentive in asking: But in the service of what religion are they doing all this?

No incentive that is - absent theology.

Berger has argued that Orthodoxy forbids the belief that the Lubavitcher Rebbe, who died in 1994, will return to redeem the Jewish people. There is no Second Coming in Judaism.

IT'S IMPOSSIBLE to detach Berger's efforts to sound the alarm in the Orthodox community about Chabad from his own Orthodoxy. What Berger is saying is that, even putting aside the Chabad issue, Judaism has a creed.

And for him, Maimonides's Thirteen Principles best provide the parameters of Jewish faith, although reasonable believers have differed about the application, interpretation or inclusion of one or another of the Thirteen.

Berger told me that while Halacha can be arrived at by consensus, dogma can't. You either accept that God dictated the Torah to Moses at Mount Sinai, or you don't; that He is incorporeal, or He isn't; that God knows everything we think, or He doesn't; that there is reward and punishment, or there isn't; that the Messiah will come, or that he is a myth; that there will be a resurrection of the dead, or that they will stay as they are.

To be a genuinely Orthodox Jew, according to Berger, it isn't enough to "do"; one must also "believe" in the doctrine.

Not surprisingly, there are other modern Orthodox scholars who disagree with Berger on the importance of Maimonides's Thirteen Principles. Marc Shapiro, a Judaic Studies professor at the University of Scranton, argues in The Limits of Orthodox Theology that Maimonides's principles never enjoyed universal acceptance in the rabbinic world - the implication being that even traditionalists can't agree on a clear expression of dogma.

University of Haifa professor Menachem Kellner in Must a Jew Believe Anything? goes further in arguing that not only doesn't Judaism have a dogma; we shouldn't go down that road because it could create a future of mutually exclusive "Judaisms."

IT'S HARD not to admire Berger's spiritual integrity and his fidelity to classical Judaism. I share his concerns about Chabad - not because they've shifted from Orthodoxy (so have I), but because they're starting to look too much like the competition. At the same time, I'm not comfortable with the idea of a Jewish catechism.

My hunch is Berger realizes his brand of modern Orthodoxy, which insists on blending modernity and dogma, is not on the ascent. If anything, it seems to be losing ground - to the progressive streams, which have modified (or discounted) classical dogma, and to the ultra-Orthodox world which, arguably, emphasizes ritual over theology.

There is, however, a larger issue at stake. It may well be that heresy is dead. Boundaries, as Prof. Kellner aptly cautions, would pave the way toward a world of "mutually exclusive Judaisms." And that's a disquieting prospect.

Yet the demise of dogma is not just a setback for true believers like David Berger. It poses a challenge for the rest of us in defining the parameters - maybe not of the Jewish faith, but of Jewish civilization.