Monday, June 24, 2024

  • Monday, June 24, 2024
  • Elder of Ziyon
Al Jazeera (Arabic) published an article claiming that there has been a centuries-old "silent contract" between the Zionist movement and Western countries to promote Israel at the expense of Palestinians. 

It tries to find evidence back to Napoleon that Christians in the West have backed Zionism as a means to get rid of their Jews. But one of its claims was new to me:

It is noteworthy that Article 401 of an American law issued in 1940 stipulates that any citizen who votes in political elections in a foreign country immediately loses his American citizenship. However, in 1967, Jews in the United States were excluded from this law, and this decision was issued by the Supreme Court by a majority of only one vote, that of the Jewish member of the court, Pais Overdim.

As Muhammad Al-Sammak says in his book “Christian Zionism,” just as the Jews of the United States enjoy this exception to the exclusion of all other American citizens, Israel also enjoys exceptional treatment to the exclusion of all other countries of the world.
Indeed, the 38-page Nationality Act of 1940 does say, in paragraph 401(e), that any US citizen who votes in a foreign election can lose their citizenship.


And indeed, in 1967 this law was overturned, in a case brought by an American Jew who voted in Israeli elections in 1951, Afroyim v. Rusk, and then denied the ability to renew his American passport. As summarized here:

Question
Does Section 401(e) of the 1940 Nationality Act, revoking U.S. citizenship to persons who vote in other countries' elections, violate either the Fifth Amendment right to Due Process or the Fourteenth Amendment, under which naturalized citizens are granted national citizenship?

Conclusion
Yes. In a 5-to-4 decision, overruling Perez v. Brownell (356 US 44), the Court held that Congress has no general power to revoke American citizenship without consent. Noting the special bond between Americans and their government, a bond that protects every citizen against all manner of destruction of their rights, the Court held that only citizens themselves may voluntarily relinquish their citizenship. This sacred principle applies equally to natural and naturalized citizens. As such, Section 401(e) violated both the Fifth and Fourteenth Amendments.
It was a 5-4 decision, and the one Jewish member of the Court - Abe Fortas - voted for the majority.

But it was not an exception for American Jews. The decision applies to all Americans and goes beyond just voting in foreign elections. 

 (I have no idea how his name wac converted to "Pais Overdim." Also, his wasn't the deciding vote; Fortas was one of the more liberal members of the Supreme Court and would have voted that way no matter what religion he was.)

It is a minor but telling example of how antisemitic propaganda works. Almost all of the facts are true, but they are spun to conclude that Jews are not subject to the same laws as other Americans, a classic antisemitic conspiracy theory. 

And Al Jazeera is one of the more responsible Arab media outlets. 





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