The US government works; Israel’s Supreme Court? Not so much

As an American in Israel, I’m watching the growing tension, and asking where the checks and balances are.

Today, protestors will gather outside Israel’s Supreme Court (Bagatz) in Jerusalem. The demonstration, organized by the Tekuma movement and supported by families of fallen soldiers and hostages, is a response to what many see as the overreach of unelected legal officials in a time of war. The slogans are strong, the energy is rising, and the frustration is real.

As an American living in Israel, watching this unfold is like seeing a political déjà vu with a democratic twist. Back home, we’ve had our own constitutional crises, contested elections, and battles between the branches of government. But the one thing that America has, and Israel urgently needs, is a clear separation of powers.

Who Really Runs the Country?

Today, much of the Israeli right-wing is asking an important question: Who governs? Is it the elected Knesset, representing the will of the people? Or is it the Supreme Court and Attorney General, who, in recent months, have stalled legislation, blocked government appointments, and dictated what elected officials can and cannot do, all in the name of “legal oversight”?

Attorney General Gali Baharav-Miara has come under intense scrutiny for what many view as her aggressive legal interventions, not just advising the government, but effectively vetoing its decisions. Meanwhile, Supreme Court Justice Yitzhak Amit has played a central role in decisions that sideline the government’s authority during an unprecedented war. Both figures are unelected. Both hold an immense amount of power. And both have become lightning rods in a debate that strikes at the core of Israel’s democratic identity.

So we must ask: How did Israel get here? How did a democracy that prides itself on great debates and vibrant elections reach a point where unelected officials hold this much control, to the extent that they can block policies, appointments, and national strategies?

What the U.S. Constitution Gets Right

In the United States, power is designed to be distributed. Article I of the American Constitution gives legislative authority to Congress. Article II outlines the President’s powers. Article III establishes the judiciary. And nowhere-nowhere– does it allow an Attorney General or a judge to act as a political gatekeeper, shutting down laws before they’re even voted on.

In Federalist No. 51, James Madison wrote: “You must first enable the government to control the governed; and in the next place oblige it to control itself.” This is the essence of checks and balances: a system designed not for ease, but for balance, restraint, and accountability.

Does Israel have this? Not really. In Israel, the Attorney General serves as both the chief prosecutor and the government’s legal adviser, and their opinion is binding. That means that one unelected person can override the decisions of the Prime Minister, the cabinet, and the entire Knesset.

Let that sink in for a second.

Justice Amit and his colleagues in the judiciary are not just interpreting laws, they are effectively making them, through broad judicial activism and a self-reinforcing appointment process. Judges appoint other judges. Legal advisers can block policy. And the public? Their say ends at the ballot box, if it even matters after that.

A War Is No Excuse to Suspend Democracy

Yes, Israel is in a war. And yes, national unity is critical. But this is exactly why democracy must be safeguarded and protected. Emergency powers and unchallenged authority are tempting, but history shows us they are also dangerous.

The Israeli public is being told that now is not the time for political reform. But if not now, when? When the war ends? When protests die down? When another unelected official vetoes the public’s will?

If anything, now is the time to ask:

• Why is there no real check on the Attorney General’s power?
• Should legal advisers be able to paralyze an elected government?
• Why are judges effectively appointing other judges without external oversight?
• Can democracy survive when one branch overrides the others?

This Protest Isn’t About the Right or the Left

This Thursday’s protest is expected to draw thousands. But this isn’t just about supporting or opposing Netanyahu. It’s about the structure of Israeli democracy. Protestors will chant about judicial overreach, and they’re not wrong to worry. Because today it’s their side being blocked, but tomorrow it could be the other.

In any healthy democracy, power must be limited, especially the kind of power that comes without a mandate from the people. Judicial review is necessary. Legal advice is helpful. But governments must be allowed to govern.

A Wake-Up Call — Not Just a Rally

This protest should not be dismissed as just another populist gathering. It’s a wake-up call. A moment to reflect on how Israel’s system can be improved, not weakened. The American model isn’t perfect, but it’s built on one enduring truth: democracy is only as strong as the limits we place on power.

Israel deserves no less.