On Jerusalem, President Trump Could Make Two Proclamations

A campaign promise by Mr. Trump was to support Israel by moving the United States embassy in Israel from Tel Aviv to Jerusalem. President Trump should have acted on that campaign promise on Jan. 20, 2017. He did not.

To prevent post-campaign backsliding, two proclamations regarding Israel are presented herein, in proper format for issuance.

In one proclamation, the U.S. recognizes that Jerusalem is the capital of Israel, and declares that the U.S. embassy in Israel is to be located in Jerusalem. The other proclamation recognizes the territory which is subject to Israeli control.

Each proclamation is dated May 22, 2017, the day on which President Trump will be in Israel.

 

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

Jerusalem, Capital of Israel

The Land of Israel has been the patrimony of the Jewish people for the past 4,000 years, ever since God promised the land to them, through their forefather Abraham.

David, King of Israel, captured Jerusalem from the Jebusites 3,000 years ago, and made the city his capital. Jerusalem has always been a unitary city, with one exception (1950–1967). In 1950, Jordan purported to annex the eastern part of the city. In 1967, Israel freed the eastern part from the unlawful grip of Jordan.

Jerusalem was the capital of the First Commonwealth (from King David through the First Temple period), and was the capital of the Second Commonwealth (from Ezra and Nechemiah through the Second Temple period).

During the long, Rome-induced exile of the Jewish people, no claimant (such as Umayyads, Abbasids, Mamluks, and Ottomans) of sovereignty over the Land of Israel designated Jerusalem as the capital of the claimant.

The United Nations partition plan of November, 1947, called for a Jewish state and an Arab state in the Land of Israel. There was to be a special international circumstance — corpus separatum — for Jerusalem. Meaning: the internationalization of Jerusalem under the control of the United Nations.

Neither then nor later was there a United Nations plan which called for a special international circumstance for Lambeth Palace, or which called for a special international circumstance for Vatican City, or which called for a special international circumstance for Danilov Monastery.

The 1947 partition plan came to nothing. The intended dismemberment, by the “international community”, of Jerusalem from the rest of the Land of Israel, through the instrumentality of the despicable United Nations, failed.

On May 14, 1948, David Ben-Gurion proclaimed the establishment of the State of Israel, which is the Third Commonwealth.

Later that day (Washington time), President Truman recognized the State of Israel. National Archives, “U.S. Recognition of the State of Israel” (2006).

Since 1948, Jerusalem has been the capital of Israel. Wartime conditions, during the Israeli War for Independence, prevented the government of Israel from immediate establishment of itself in Jerusalem.

On December 5, 1949, the government of Israel declared that Jerusalem is the capital of Israel. Knesset, “Statements of the Prime Minister David Ben-Gurion Regarding Moving the Capital of Israel to Jerusalem” (1949).

On January 23, 1950, the First Knesset declared, “. . . with the establishment of the State of Israel, Jerusalem once more becomes the capital[.]” Center for Israel Education, “Knesset Declares Jerusalem Capital” (n.d.)

In 1980, the Basic Law: Jerusalem the Capital of Israel, became law.

Section 1 of that Basic Law declares, “Jerusalem, complete and united, is the capital of Israel.”

On November 8, 1995, the Jerusalem Embassy Act of 1995, Public Law No. 104-45, 109 Stat. 398, became law.

Section 2(1) of the Act declares, “Each sovereign nation, under international law and custom, may designate its own capital.” Section 2(2) declares, “Since 1950, the city of Jerusalem has been the capital of the State of Israel.” Section (3)(a)(2) declares, “Jerusalem should be recognized as the capital of the State of Israel[.]” Section 3(a)(3) declares, “the United States Embassy in Israel should be established in Jerusalem no later than May 31, 1999.”

Waivers of the operation of that Act prevented actualization of the congressional recognition that Jerusalem is the capital of Israel. There will not be any further waiver.

No country is authorized to decide that Tel Aviv is the capital of Israel, and to maintain an embassy there, and to maintain a consulate in Jerusalem, any more than a country is authorized to decide that New York or Philadelphia is the capital of the United States, and to maintain an embassy there, and to maintain a consulate in Washington.

NOW, THEREFORE, DO I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution of the United States, and by laws of the United States, proclaim that the United States of America recognizes that the capital of the State of Israel is the City of Jerusalem, unified now and unified forever. I declare that the United States embassy in Israel shall be located henceforth in Jerusalem.

IN WITNESS WHEREOF, I set my hand hereunto this twenty-second day of May, in the year of our Lord two thousand seventeen, and of the Independence of the United States of America the two hundred forty-first.

 

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

Boundary of Israel

The United States understands that the Oslo Accords are dead. The two-state “solution” is dead.

Each was folly. Unique folly. There was no road map, and there was no two-state solution, and there was no sonorous talk about independent countries living side-by-side in peace and Kumbaya harmony, and there was no equivalent of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), applicable to the numerous territorial disputes which beset various countries. Among them:

  • • China, regarding Taiwan and Tibet.
  • • India and Pakistan, regarding Jammu and Kashmir.
  • • Iraq and Turkey, regarding Kurdistan.
  • • Russia, regarding Chechnia.
  • • Canada, regarding Quebec.
  • • Cyprus, regarding the Turkish part of the island of Cyprus.
  • • Denmark, regarding Greenland.
  • • Georgia and Russia, regarding Abkhazia and South Ossetia.
  • • Morocco, regarding Western Sahara.
  • • Philippines, regarding Mindanao.
  • • Sri Lanka (formerly), regarding the Tamils.

The territory which is subject to the control of Israel should include the entirety of the Land of Israel, from north to south, and from east to west.

The United States recognizes that the territory of Israel includes the Golan Heights, Sheba’a Farms, Samaria, Judea, Aza (the so-called Gaza Strip), the Negev, and Jerusalem; and includes adjacent places and in-between places too numerous to mention.

The United States recognizes further that Jerusalem is inclusive of the Temple Mount and of City of David; and that, since the day on which Abraham and Isaac were on Mount Moriah, the Temple Mount has been the sacred place only of Jews.

The understanding of the United States is that some territory which is subject to the control of Israel is not subject to the sovereignty of Israel. The effect of a declaration of sovereignty on the citizenship of Arab residents in Judea, Samaria, and Aza is fraught with peril for Israel. Full Israeli sovereignty over the Land of Israel must await another day.

The policy of the United States is to resolve territorial disputes which affect Israel through the 22-state solution. Israel plus 21 Arab countries would participate in the 22-state solution. Thereunder, Arabs keep the 5,000,000 square miles of 21 of the 22 members of the League of Arab States (that excludes the square miles claimed by the “Palestinian Authority,” one of the members of the League). Jews keep the Land of Israel, and its 12,000 square miles.

NOW, THEREFORE, DO I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution of the United States, and by laws of the United States, proclaim that the United States of America recognizes that the territory which is subject to the control of Israel is as aforesaid.

IN WITNESS WHEREOF, I set my hand hereunto this twenty-second day of May, in the year of our Lord two thousand seventeen, and of the Independence of the United States of America the two hundred forty-first.

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