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ROBERT A FRIEDLANDER
Jews: The European And
American Historical Experience
On April 24, 1979, during a memorial ceremony
for the Holocaust victims of Nazi death camps
conducted in the Capitol Rotunda, President
Jimmy Carter vowed, "as people all over the
world are doing this [commemorative] week - to
reaffirm our unshakeable commitment that such
an event will never recur on this earth again."' He
was preceded by author Elie Wiesel, Chairman of
the President's Commission on the Holocaust and
survivor of Auschwitz, who as the Jewish moral
conscience of the postwar age castigated, not for
the first time, the Allies of the Second World War
for their indifference to the fate of European
Jewry: "The truth is, they were forgotten. The
world knew and kept silent." 2
For the American Jew of the last quarter of the
twentieth century, as indeed with most of world
Jewry, the Holocaust of the Nazi era remains the
central feature of contemporary Jewish exis-
tence. 3 It explains the magnitude of their support
for the state of Israel, 4 and it explains a paranoic
belief by some, like the Jewish Defense League,
that Jews everywhere must always be ready to
fight for survival by whatever means. 5 Even as
they prepare to enter the 1980s, many American
Jews do not accept the claim by other minorities
that Jews have "made it" in American economic
and political life. 6 Whether it be the furor over the
American Nazi Skokie march, the continuing
controversy over the Bakke decision, the uncer-
tainties arising from the prolonged oil crisis, the
bitterness engendered by the Andrew Young res-
ignation, or the growing media criticism of Israel,
"American Jews are predictably showing the st-
rain." 7 One prominent sociologist, writing almost
a generation ago, explained the high percentage
of Jews who voted Democratic as being the result
of "their sensitivity to ethnic discrimination and
their lack of effective social intercourse with the
upper-status groups in America.' '8 Americaniza-
tion, as contemporary ethnicists have begun to
discover, conveys an awareness of separateness
as much as it does a melting-pot image. 9
Recent scholarly studies have clearly de-
Robert A Friedlander PhD JD Professor Ohio Northern Uni-
versity College of Law Ada Ohio.
CHITTY'S LAW JOURNAL / VOL. 28 MARCH 1980 / 75
monstrated that ethnic conflict is a dominant fea-
ture of world society. Cultural and political
homogeneity have proved impossible of attain-
ment in societies based upon ethnic pluralism,
and tensions between majority and minority
groups have resulted in both domestic violence
and external conflict. 10 It has also become readily
apparent within American society that ethnic
groups are invariably special interest groups,"
and, if anything, the politics of the 1970s became
interest-group politics parexcellence. Conflict and
confrontation rather than consensus have been
the hallmarks of American politics for more than
a decade, 12 and this has exacerbated rather than
mollified group antagonisms. One hundred and
thirty years ago Alexis de Tocqueville presciently
warned that "the dangers threatening the Ameri-
can Union spring no more from diversity of opin-
ions than from diversity of interests. They must be
sought in the variety of American characteristics
and passions." 3 That remains the problem of
contemporary America, and it affects not only
American Jewry but all minorities- those who
have "it made" and those who do not.
THE JEWS IN HISTORY:
FROM ABRAHAM TO COLUMBUS
What is a Jew? The answer to this seemingly
straightforward question is not only a matter of
faith and ritual but of history and heritage. Ac-
cording to the Old Testament, reinforced by mod-
ern archeology, Judaism began with the pat-
riarch Abraham who lived in the city-state of Ur,
located in Mesopotamia, at approximately 2,000
BC. 14 It was the first religion to be based upon the
idea of one God who had made a covenant with
Abraham and his progeny. The pact between God
and man, symbolized by male circumcision, was
to be an everlasting bond 15 and was the basis for
the Jews' belief that they were a chosen people.1 6
This exclusivity has been a prime characteristic of
Jewish theology, philosophy, and culture
throughout their history. 17 It has been the source
of their strength and their sorrows.
Judaism first emerged among several tribes of
nomadic shepherds who apparently were
caught-up in the vast migrations of the twentieth
76 / CHITTY'S LAW JOURNAL / VOL. 28 MARCH 1980
century BC, and who came to settle temporarily
in the land of Canaan or what was to become
Palestine. They gradually began to profess a
highly moral and ethical monotheism, worship-
ping an anthropomorphic personal Deity whom
they called Yaweh and later Jehovah. It is not
entirely clear how the Hebrews (as they called
themselves) went to Egypt, but while there after
the fall of Hyksos' rule around the second mil-
lenium BC they became enslaved by the Egyptian
pharoahs. Their liberation from slavery, exodus
from Egypt, wanderings in the Sinai Desert for
forty years, and return to Canaan, the Promised
Land, is dramatically portrayed in the Biblical
Book of Exodus.1 8
Of special significance for the Judeo-Christian
Western heritage was the transmission of the Dec-
alogue or Ten Commandments through Moses
the Law-Giver, at the foot of Mount Sinai.19 Of
equal importance for the history of the Jewish
people were the laws of worship, conduct, diet,
and cleanliness laid out in the Book of Exodus and
the Book of Numbers which set the adherents of
the Hebrew faith apart from their contemporaries
and from other peoples in later centuries. The
concept of a covenant between Jehovah and his
followers was also periodically renewed, 20 and
forms the basis of the Jewish concept of a Chosen
People.
The armed conquest of the Canaanites by the
Hebrews under the leadership of Joshua was
maintained and extended through a group of
warrior-elders (including one woman) called
Judges. 2 1 They in turn were succeeded by the
establishment of a Jewish monarch under Saul
and David and by the later division of their tribal
territories into the Kingdoms of Judah and Israel
following the death of King Solomon. The famed
Solomon also caused the first great Temple to be
built in Jerusalem. 2 2 Assyria in 721 BC defeated
the Northern Kingdom of Israel, and the forced
dispersal of its peoples gave rise to the legend of
the Ten Lost Tribes. The Babylonian Empire ex-
tinguished the Southern Kingdom of Judah in 586
BC. In that year Solomon's Temple was de-
stroyed, and the Judeans were then carried off
into the second Jewish captivity. 23
The five-decade long Babylonian exile, begun at
the time of the Prophet Jeremiah (who remained
in Jerusalem) was not particularly harsh, and the
Babylonian conqueror Nebuchadnezzar II al-
lowed his captives to engage freely in trade and
the professions and to organize into their own
communities. In fact, in many ways they were
much better off than in medieval and early mod-
ern Europe. Yet the Hebrews never lost their sense
of identity or their desire to return to the land of
their ancestors:
By the rivers of Babylon, There we sat down, yes we wept,
When we remembered Zion...If I forget thee, 0 Jerusalem,
Let my right hand forget her cunning. Let my tongue
cleave to the roof of my mouth.... 2 4
Some of the most beautiful poetry and some of the
saddest songs in the Old Testament date from the
Jews' Babylonian captivity (586 BC-538 BC).
These lamentations proved to be ominous por-
tents of things to come.
Despite the permission granted by Babylon's
conqueror, Cyrus the Great, for the Hebrews to
return to Judah, many did not. 2 5 This was the first
test of assimilation in Jewish history. Although
the returnees rebuilt and rededicated the Temple,
and restored the walls of Jerusalem, assimilation
flourished until effectively combatted by Ezra and
Nehemiah. It was Ezra who consolidated the Heb-
rews' legal and religious code. Persian benevo-
lence was maintained by Alexander the Great dur-
ing his brief imperial rule, and by his successors
the Ptolemies, but everything changed with the
emergence of the Syrian Seleucid dynasty and the
subjugation of Jerusalem in 198 BC.
If the Hebrew religion had become revitalized
and institutionalized under Nehemiah and Ezra,
then Jewish nationalism can be said to have
begun not in the modern era, but in the ancient
world of the Hellenistic Greeks and of Judah Mac-
cabee. To this day the Maccabean revolt following
the desecration of the Temple by Antiochus IV,
and the subsequent triumph of Judah Maccabee's
guerrilla warriors (164-165BC), is celebrated once
a year by Jews everywhere as Hannukah, the Fes-
tival of Lights, in honor of the miraculous burning
of the Temple candelstick for eight days when
there was only enough oil for a single day. Judah
Maccabee throughout the centuries has been a
prime heroic figure in the perpetuation of Jewish
nationalism. 26
The triumph of the House of Maccabee meant
the continuation of their rule, but it also led to the
first official contact between the Jewish state and
the Romans in 161 BC. 27 The Romans renewed
their agreement under Judah's last surviving
brother Simon in 139 BC, and several times af-
terward. 28 Roman control over the Kingdom of
Israel became effective under Pompey the Great of
the First Triumvirate and was consolidated during
the reign of Augustus Caesar. The latter favored

the Jews, following the example of his uncle
Julius, and especially supported King Herod the
Great until the end of his reign.2 9 Coincidental
with the Augustan Age, Jews comprised five per-
cent of the total population of the City of Rome,
which had at least 13 synagogues. 3 0
Already under the early Roman Empire in its
Hellentistic provinces, such as Alexandria and
Damascus, riots and massacres were directed
against the Jewish population by lower-class in-
habitants of primarily Greek origin.3 1 The reasons
for this enmity, a harbinger of future persecution
under Christianity and Islam, are not altogether
clear, but it is well-established that the Jews were
shown unusual tolerance by the early Roman rul-
ers, particularly Julius Caesar, Augustus and
Claudius. 32 Unlike later centuries, where hatred of
Jews was attached to their banking and
moneylending activities, the Jewish population in
Rome and the Empire were not a prosperous
community. It was composed of "weavers, tent-
makers, dyers, butchers, painters, jewellers and
doctors....[i]n other words, Jews followed most of
the usual professions (outside the cities, they en-
gaged extensively in agriculture)." 3 3
Why then, even before the Diaspora (disper-
sion) following the destruction of the Second
Temple, were the Jews suspected and reviled by
other peoples? The answer seems to lie in their
clannishness, the exclusivity of their religious be-
liefs, their particularism, and their ethnic
nationalism. 34 Throughout the centuries this at-
titude and these convictions continued to baffle
the ordinary persons and philosophers alike. Writ-
ing in the late 1840s, Arthur Schopenhauer com-
mented that the Jewish people "asserts its na-
tionality with unprecedented obstinacy and....it
lives parasitically on other nations and their soil,
but yet is it inspired with the liveliest patriotism for
its own nation...[N]o community on earth sticks so
firmly together as does this."3 5
The advent of the Roman Emperor Nero
changed the course of Jewish history. Whatever
the reason (possibly anti-Jewish advisers), 36 Nero
appointed several extraordinarily oppressive gov-
ernors in Palestine, who some argue literally
goaded the Jews into revolt.3 7 The rebels, called
Zealots, mounted a struggle that took four years
to overcome, but in the end the rebellion was
crushed, the Second Temple was destroyed, (70
AD), the Jewish kingdom was dissolved, and the
great Diaspora was irrevocably finalized, not to
end until the establishment of the modern state of
Israel.*38 A legendary final stand was made by a
CHITTY'S LAW JOURNAL / VOL. 28 MARCH 1980 / 77
band of Zealots at the fortress-palace of Masada
near the Dead Sea. They held out for three more
years, preferring to die by their own hands rather
than surrender to the hated Roman conquerors.
Masada today has become a nationalist shrine
both for Israelis and visiting co-religionists.
Sporadic uprisings continued nevertheless, and
a second major Jewish revolt (132-135 AD) was
crushed by the Emperor Hadrian.3 9 When the
Empire turned Christian under the Emperor Con-
stantine, (306-337 AD), Roman-restricted toler-
ance of the Jewish faith became at times outright
persecution. Jews were henceforth branded as the
murderers of Christ and considered aliens
throughout the Empire. A slight respite occurred
under the Visigothic Kings, but even this was bro-
ken by the temporary but harsh rule of Justinian I
(527-565 AD). Yet the Jews still managed to sur-
vive in the East and even improve their lot in the
West, to the consternation and the confusion of
their enemies and their critics then and now. 4 0
Following two centuries of persecution it was per-
fectly logical for the Jews to welcome the Arab
conquest of the Mediterranean. 4 1 The Jews' confi-
dence was not misdirected, for they prospered
during the Golden Age of Spain and the five-
hundred years of Arab rule. 4 2
To the Protestant settlers of North America and
their frontier successors, the Jews were the
People of the Book. But the Hebrew religion was
more than the Old Testament or the Pentateuch
(Five Books of Moses). Outside of the Bible, the
two most important writings of the Hebrew faith,
both products of rabbinical thought, were the
Mishnah and the Talmud. The Mishnah appeared
sometime during the third century AD. Divided
into six parts, the Mishnah dealt with ceremony,
ethics, law, and custom. It also provided the basis
for the Talmud. 4 3 The latter, a product of the
fourth century AD, was an extended commentary
on the Pentateuch and covered virtually every
aspect of Jewish daily life. "Internally, the Tal-
mud has formed the battleground of the Jewish
mind, and, with all Orthodox Jews, its authority
as the ultimate court of appeal in matters affecting
religious practice is never contested."44 The Tal-
mud also cut off the devout Jew from any mean-
ingful intellectual dialogue with the Christian
world. It was to create a ghetto mentality before
the actual construction of the ghettos them-
selves.4 5
The turning-point for the uncertain tolerance of
Jewish subjects under Christian monarchs of the
Middle Ages came in the middle of the eleventh
78 / CHrrTY'S LAW JOURNAL / VOL. 28 MARCH 1980
century, to be symbolized by the massacre of Jews
during Peter the Hermit's Crusade in 1096. Wil-
liam II (Rufus), son of William the Conqueror,
became unpopular in part because of his sym-
pathy for the Jews, who were subsequently expel-
led from England under Edward I (1290), and
technically were not permitted to return until the
Protectorate of Oliver Cromwell in 1655. The
Jews likewise suffered from periodic slaughter
perpetrated by the Christian Crusaders, and in the
thirteenth century the Fourth Lateran Council
under the stimulus of Pope Innocent III decreed
that Jews should wear a yellow badge in public, a
custom not ended in Rome until the entry of
Napoleonic troops at the beginning of the
eighteenth century, and one that was to be revived
by Nazi barbarism during the Holocaust era of the
twentieth century. Aside from being considered
Christ-killers and children eaters, Jews were also
despised during the later Middle Ages because of
their involuntary vocation as usurious moneylen-
ders. 46
The ghetto came into general existence after
the Black Death of 1348, although it certainly had
developed, sometimes on Jewish initiative, before
that event. The Jews became literally walled off
from Christian society with economic restrictions
as well as physical barriers. The most isolated
ghetto may well have been that of Rome, estab-
lished by Pope Paul IV in the middle of the six-
teenth century. The ghetto idea also spread to
Eastern Europe during that same period. 47 Rising
nationalism in early modern Europe proved par-
ticularly disastrous on the Iberian Peninsula with
the official expulsion of Jews from Spain by Fer-
dinand and Isabella in 1492. Almost one-third of
the Jewish community (about 50,000) chose to
convert to Christianity, though many of these
Marranosmaintained their original faith in secret,
which was the prime reason for the establishment
of the Inquisition. Not surprisingly, Christopher
Columbus, who set sail for America in the year of
their enforced departure, was aided technically,
financially, and politically by converted and un-
converted Jews. 4 8 He repaid this support a
hundred fold, for his discovery of the Americas
would once again change the course of Jewish
history.
AMERICAN JEWRY FROM
NEW AMSTERDAM TO THE NEW DEAL
As early as 1502 laws were enacted by the
Spanish monarchy prohibiting the settlement of
Jews or their descendants in the New World. For
those who had managed to cross the Atlantic
seeking a new home and escape from persecution,
there was always the threat of imprisonment, de-
portation, and even death. Holland, however,
began to legally permit Jewish settlement in the
Netherlands in 1579, and soon after began a tradi-
tion of Jewish toleration and protection that has
lasted down to the present day. 49 Although a few
Jews had found their way to the North American
shores by the mid-seventeenth century, the first
significant number of settlers were prophetically
23 refugees from Brazil, who had been rescued
from pirates by French sailors on the high seas
and taken to New Amsterdam where they joined
one Jacob Barsimson, who had arrived on his own
three weeks earlier. Despite the antagonism of
Governor Peter Stuyvesant, they were welcomed
and supported by the Dutch colonists, confirmed
in their request to remain by the Dutch West India
Company, and soon granted the right to citizen-
ship in New Amsterdam. 5 0 In the New World, as in
the Old, Dutch tolerance prepared the way for
others yet to come.
The British conquest of New Amsterdam con-
tinued its tradition of toleration, while the free
sanctuary of Roger William's Rhode Island, the
enlightened Charter of John Locke in South
Carolina (even permitting Jews to hold office), the
brotherhood of William Penn's Pennsylvania, and
the social justice of General Oglethorpe's Georgia
(except for "Papists") served to attract Sephardic
Jewish immigrants from Spain and Portugal as
well as Ashkenazim from Germany and England.
The New England Puritans, in their Old Testa-
ment emphasis and theological interest in Jews
and in the Hebrew language, developed a climate
for co-existence that could not have occurred in
Christian Europe. Colonial Jewry expanded and
prospered because immigrants were needed in
colonial America, because the small Jewish
minority in no way presented any threat to the
Protestant majority, and because many of those
immigrants literally adopted the Puritan ethic in
their own lifestyle. "Under these circumstances,
the practical pressures of colonial life ultimately
determined the acceptance of the Jewish citi-
zen." 5 1
This is not to say that there was no prejudice
and there were no hardships, but in comparison to
Europe and the Near East, Jewish life in Colonial
American ab initio was more free and less restric-
tive than anywhere else. The failure to establish a
strong rabbinate tradition in the New World, for
whatever reason, made the Jews a part of Ameri-

can community life and not apart from it. In fact,
many areas of Jewish populations were without
synagogues until the latter part of the eighteenth
century. Equally important, a large percentage of
the Jewish colonists either participated in or sup-
ported the American Revolution, and their con-
tribution to American nationalism made them
American nationalists.5 2 Another societal pattern
that established itself during the Colonial era and
has continued down until the present day was the
dual process of assimilation and conversion. By
the time of the American Revolution almost 30
percent of the Jewish population had disappeared
through intermarriage and their total numbers
were on the decline. 53
Perhaps this was one explanation for the adop-
tion by 11 of the 13 original states of some sort of
religious qualifications for voting and officehold-
ing. It certainly explains why Jews strongly sup-
ported the new Federal Constitution. The First
Amendment was to become the ultimate guaran-
tor to American Jewry that their oppressive Euro-
pean experience would not reoccur. 45 Nonethe-
less, efforts were made by many states to prevent
Jews from either voting or from holding public
office. At the time of the Constitutional Conven-
tion, South Carolina, New Jersey, Delaware, and
Maryland had imposed specific religious tests for
office, and only New York and Massachusetts im-
posed no restrictions whatever. Maryland did not
change its rules until 1818,55 North Carolina pro-
hibited Jews from officeholding until 1868,56 and
the 1792 New Hampshire constitution mandated
the state's governor to be a Protestant, a rule
which apparently lasted until the post-Civil War
era. Political barriers gradually eroded, however,
until Charleston, South Carolina, politicians
could charge in the 1832 elections that there was
a "Jewish vote." 5 8 .
Though assimilation continued (and would con-
tinue) to be a partial response of American Jews to
societal pressures at the beginning of the
nineteenth century, by the third decade Jewish
emigration to America had swelled to a mass
movement. This meant that despite conversions
by some or the dropping of their Jewish identity by
others, the number of Jews in America would con-
tinue to increase. Many immigrants became mer-
chants, small businessmen, and peddlers in the
European manner. The frontier need for retailers
was great, and Jewish shopkeepers were welcome
in the growing frontier communities.5 9 A number
of great merchant families were founded by
Jewish peddlers, including Levi Strauss, Adam
Gimbel, Joseph Haines, and Michael Goldwasser,
CHITTY'S LAW JOURNAL / VOL. 28 MARCH 1980 / 79
later modified to Goldwater, as told by his proud
assimilated grandson Barry to the 1964 Republi-
can National Convention. 60
In 1840 the American Jewish community num-
bered only 15,000. By the outbreak of the Civil
War the figures had increased to 150,000. And on
the eve of the great Eastern European migrations
of the 1880s, the number of Jews in America had
reached only a quarter of a million. 6 1 Although a
few had tried the land, the great majority of
Jewish emigrants wound up in trade and com-
merce, following along the lines of their European
heritage. Possibly the most significant event of the
1840s, though obscure and unheralded at the
time, was the founding in 1843 of the Independent
Order of B'nai B'rith (Sons of the Covenant) in
New York City by twelve German immigrants.6 2
This was to become the most important Jewish
fraternal organization in the United States, com-
parable in some ways to the Masons and the
Knights of Columbus. Surprisingly, Jews were
slow to make their appearance on the political
scene, and the most prominent Jewish political
figure during the first half of the nineteenth cen-
tury was a Confederate politician, Judah P Ben-
jamin. A prosperous lawyer before the outbreak of
the Civil War, Benjamin first served the Confeder-
acy as Attorney General and then as Secretary of
State in the Cabinet of Confederate President Jef-
ferson Davis. At the close of the war he fled to
England, where this remarkable man soon be-
came a successful English barrister, ultimately
retiring to Paris where his French wife had him
buried in a Catholic grave. 63
The new industrialism of the post-Civil War era
coincided with the great waves of European emig-
ration from Central and Eastern Europe. 64 RUS-
sian and Polish Jews sought to flee the govern-
ment which encouraged pogroms (massacres) in
almost tidal numbers, and the previous German
Jewish immigrants grew as hostile to the new-
comers as did the American nativists. 65 During
the last 20 years of the nineteenth century, well
over 650,000 East European Jews migrated to the
United States, and that number was doubled bet-
ween 1900 and 1914. By the beginning of the First
World War the Jewish population in America had
reached 3.3 million and by the New Deal it was
over 4 million, 80 percent of whom were of East
European origin. 6 6
Jewish faith during this time was undergoing a
profound transformation. German Jewry was re-
sponsible for the development of Reform Judaism
under the leadership of Rabbi Isaac Mayer Wise,
80/ CHITTY'S LAW JOURNAL / VOL. 28 MARCH 1980
who founded the Union of American Hebrew Con-
gregations in 1873 and two years later opened the
Hebrew Union College in Cincinnati which de-
veloped a strictly American rabbinate. Religious
services in Reform worship are predomin-
antly in English, conducted mainly by the rabbi
with the aid of a cantor, and traditional skull caps
and prayer shawls are either not required or op-
tional at best. As a reaction to this unprecedented
departure in religious practice (analogous to the
liturgical reforms of the Catholic Church follow-
ing Vatican II), a third body of Jewish religious
practice, Conservative Judaism, was begun in
1885 coincidental with the Jewish Theological
Seminary Association. Conservatism represented
a compromise in ritual, custom, language, and
tradition, and appealed especially to the Russian
migrants. 6 7 Orthodoxy, however, was slow to
decline, even though it appeared ill-suited to the
American way of life. This severe dichotomy bet-
ween religious faith and ethnic background has
been a continuing source of identity crisis for the
American Jew down until the present day.
The last quarter of the nineteenth century was
also significant for the growing urbanization of
America and with it, and the hordes of East Euro-
pean Jewish immigrants, there developed Ameri-
can tenement ghettos along ethnic lines. Many of
these immigrants went to work in the garment
industry, and the great majority of its workforce in
New York, Chicago, and Philadelphia were Rus-
sian Jews, often laboring for German-Jewish
employers. Three thousand cigar makers in New
York were also Jewish immigrants.68 Not only did
these workers bring old world customs with them,
they also brought the Yiddish language and Yid-
dish culture. The anti-religious Jewish Daily For-
ward and its socialist viewpoint provided a major
influence in New Ybrk socio-political life. Though
today Yiddish in America is a dying language, the
Yiddish theater produced some top-flight Broad-
way talent, and in 1979 Yiddish author Isaac
Bashevis Singer was awarded the Nobel Prize for
literature.
Twenty-five years ago a perceptive American
historian observed that history is more than mere
personality or chance and circumstance. It is also
an accumulation of "constant social pressures
and forces, which, playing upon individuals and
institutions, oftentimes carry the human fate with
them in a mighty stream regardless of individual
will or program." 69 So it was with the develop-
ment of trade unionism during the latter part of
the nineteenth century. The Eastern European
Jewish immigrants brought with them in their
baggage socialist doctrines and radical politics. 70
Emma Goldman's violent anarchism foretold the
coming of the IWW (International Workers of the
World), and eventually resulted in her deportation
from the United States during the Great Red
Scare of the 1920s. The other side of the coin was
the formation by Jewish labor leaders of the Inter-
national Ladies Garment Union (ILWU), and the
organization of the American Federation of Labor
(AFL)under the presidency of Samuel Gompers,
who in historical perspective may have been the
most influential Jewish American of his time (and
who was a vigorous opponent of unrestricted im-
migration). 71
Other ethnic minorities have had both envy and
enmity for the Jewish record of over-achievement.
The heavy emphasis on education for the sons and
daughters of Jewish immigrants was already
clearly apparent by the beginning of this century.
"Thus, in 1908, though Jews constituted but 2
percent of the total population, over 8.5 percent of
the college population was Jewish." 7 2 And their
enrollment in the professional schools was even
greater. The symbol of Jewish intellectual and
professional achievement was the appointment by
President Woodrow Wilson of Attorney Louis D
Brandeis to the US Supreme Court in January
1916. It was a controversial appointment, for
Brandeis was one of the most prominent advo-
cates of social and economic reform during the
so-called Progressive Era. Author of the famed
"Brandeis Brief' (using a sociological analysis) in
Muller v Oregon,7 2 Brandeis was attacked by both
the President of Harvard and the American Bar
Association. 74 Yet he was ultimately confirmed by
the Senate and went on to become one of the most
influential Supreme Court justices of this cen-
tury. 75
Opposition to American participation in the
First World War by Jewish radicals, plus the iden-
tification of Jews with both Russian and American
Communism, made the 1920s an uneasy time in a
growing age of conformity. 76 The immigration
acts of the 1920s shut off further Eastern Euro-
pean emigration with the result that American
Jewry became more and more identified with the
New World and less and less with the Old. Be-
cause of their increasingly middle-class orienta-
tion, the Depression hit American Jews especially
hard, and played a major factor in their growing
allegiance to the Democratic Party and especially
to the New Deal of Franklin D Roosevelt.

ANTI-SEMITISM:
EUROPE AND AMERICA
The term anti-Semitism was first used in 1879
by a renegade German-Jewish journalist Wilhelm
Marr, who founded the anti-Semitic League and
was quickly supported by several university pro-
fessors who feared contamination of German
"blood" if Jews proliferated.7 7 Hannah Arendt in
her classic study of totalitarianism maintains that
anti-Semitism did not begin until the origin of the
modern nation-state in the wake of the French
Revolution. 7 8 Actually, historic anti-Semitism
can definitely be traced back to the Roman Em-
pire in both its pagan and Christian phases, cer-
tainly to the Crusades, and undeniably to the fif-
teenth century Spain. Emancipation was decreed
in the French Declaration of the Rights of Man
and of the Citizen in 1789 and brought to the rest
of Europe by the French Revolutionary armies.
But with the defeat of Napoleon I there was a
retrogression of Jewish civil rights, and liberation
did not occur in Central Europe until the middle of
the nineteenth century.7 9 Toynbee writes correctly
of the "psychological barrier between Western
Gentiles and Jews after the juridical barriers bet-
ween them were officially removed.... Within an
officially united society the Jew still found himself
in various subtle ways an excluded person."8 0
The problem was compounded in Central
Europe because of the disproportionate influence
of Austro-German Jewry in finance, commerce,
and culture. Their numbers were never great (only
a half million in Germany at the time of the Nazi
seizure of power), but their success, particularly in
Wilhelmian Germany, was readily cognizable. 81
Yet, there was already a dark side to the Jewish
success as an ethnic group in the Wilhelmian era.
Adolf Stocker, imperial court chaplain, building
on the racist-nationalism of Prussian historian
Heinrich von Treitschke and composer Richard
Wagner, made anti-Semitism a national issue in
Germany as part of a rising conservatism. Karl
Lueger, mayor of Vienna, combined Christian
Socialism in Austria with a virulent anti-
Semitism. 8 2 France also fell prey to the anti-
Semetic virus, 83 its culmination occurring in the
Dreyfus case of 1894-1906. The eventual exonera-
tion of Captain Dreyfus meant also the final
triumph of French Republicanism and anti-
Clericalism. 84
The barbarism of the Holocaust and the horrors
of Stalin's Purges have tended to obscure the his-
torical memory of the Tsarist pogroms. Yet those
CHITTY'S LAW JOURNAL / VOL. 28 MARCH 1980 / 81
government-inspired massacres were the
forerunners of Adolf Hitler's Final Solution and
directly responsible for the first great tide of East-
ern European Jewish emigration between 1881
and 1884. The pogroms were repeated between
1903 and 1906, and during the Russian Revolu-
tion and Civil War from 1917 to 1921.85 Tsar Ale-
xander III's Procurator of the Russian Orthodox
Church, Konstantin Pobedonostev, vowed that he
would solve the Jewish "problem" by forcing
one-third to emigrate, causing one-third to perish,
and assimilating the rest. 86 It was but a short step
from this to the racial and religious policies of
Hitler's Third Reich.
The Holocaust of the Nazi era represented
anti-Semitism carried to its furthermost obscene
and mindless extremity. Dachau opened at the
onset of the Hitler regime. Nazi Germany during
the 1930s and the 1940s practised genocide on a
scale unimagined and unprecedented in recorded
history. Six million Jews died as a result of sys-
tematic persecution,8 7 and the European experi-
ence still remains impacted on the American
Jewish spirit. So much so, in fact, that a contem-
porary American Jewish scholar could recently
complain about "the states of spiritual exaltation
into which some American Jews"find themselves
over the Holocaust: "The extermination of
Europe's Jews has become a 'growth experience'
for too many Americans." 8 8
Not that the Anglo-American democracies
could plead innocent before the bar of history.
Admittedly Oswald Mosley's British Fascists and
the German American Bund were more irritation
and embarrassment than national threat, but the
record of both England and America with respect
to Jewish refugees before and during World War II
is historically shameful. Neither Britain nor the
United States made any meaningful gesture at the
Evian Conference on Jewish efugees in 1938. In
fact, the then semi-official London Times
editorialized: "It may be admitted that the pre-
sence of a large number of Jews within the State
presents difficult problems in certain countries,
especially when they achieve an importance dis-
proportionate to their numbers."8 9 The first
British wartime action was taken against an un-
armed refugee boat bound for Palestine, both Bri-
tain and America went out of their way to avoid
admitting Jewish refugees (even children from
Vichy France), the Allied high command and the
American War Department rejected Jewish re-
quests to bomb Auschwitz or even the railway
lines leading to it, and the calculated refusal by the
82 / CHITTY'S LAW JOURNAL / VOL. 28 MARCH 1980
Anglo-American democracies to do anything cost
tens of thousands of Jewish lives.90
Twentieth-century American anti-Semitism
has its beginnings in the Populist Movement and
the Progressive Era. On the literary and intellec-
tual side it was reflected in the attitudes and writ-
ings of such influential figuresas Henry Adams
and Albert Beveridge. On the political and
economic front, anti-Semitism was in the front
rank of Populist demonology, partly due to the
revival of American nativism and partly to the
economic privations of the enlarging working
class, particularly in the South.9 1 The founding of
the B'nai B'rit Anti-Defamation League in 1913
was a specific reaction to this growing anti-Jewish
sentiment. Pre-World War I anti-Semitism
reached its zenith in the Leo Frank case (1913-
1915), where aging Populist politician Tom Wat-
son literally stirred up an entire region into an
anti-Jewish frenzy. 92 The revival of the Ku Klux
Klan in the 1920s and the diatribes of Gerald LK
Smith and Father Francis Coughlin in the 1930s
continued the attack upon American Jewry.
Quotas restricting Jewish participation were
adopted by hotels, social clubs, universities,
employment agencies, professional organiza-
tions, and residential communities.9 3 "In the
twenties and thirties, anti-Semitism was to be-
come a major concern of the Jewish communi-
ty." 9 4
Although these social stigmas and economic
limitations continued for a time after World War
II, American anti-Semitism steadily declined in
the postwar decades. Laura Z. Hobson's novel,
Gentleman's Agreement, later brought to the sc-
reen, had a great impact upon a vast audience.95
The election of John F. Kennedy in 1960 proved a
blessing to all religious minorities with the en-
thusiastic popular acceptance of his presidency,
and it is not surprising, therefore, that in 1979
seven US Senators divided among the two major
parties were of the Jewish faith. 9 6 Only one group
has rekindled anti-Semitic stirrings. The alliance
between Jews and Blacks during the integration
struggles of the 1960s under and the charismatic
leadership of Martin Luther King has dissolved
into bitterness and recrimination in the late 1970s
over reverse discrimination, 9 7 urban politics,
energy-related economic setbacks, and the
PLO. 98
ZIONISTS AND ANTI-ZIONISTS
Given the current controversy over the meaning
and role of Zionism, especially as denounced in
the United Nations,9 9 it is easy to forget that Jews
have resided in Israel (or Palestine) since the time
of Joshua, and that Jews were living in and emig-
rating to Israel before Zionism was conceived. At
the time of the first Tsarist pogrom in 1882, there
were 25,000 Jews living in Palestine, a number
which escalated to 40,700 in 1895, paralleling the
Eastern European migration to the United
States.1 0 0 The Jews were the largest ethnic group
in Jerusalem, and they were also the most dis-
criminated against. The fact that Jewish
nationalism came from outside of Palestine rather
than internally is in the view of one distinguished
historian, a mere historical accident.10 1
The story of the origins of Zionism and its
founders - Theodore Herzl, Judah Pinsker, and
Chaim Weizmann - is well-known, and need not
be dealt with in any great detail.' 0 2 In Herzl's mind
Zionism was not so much nationalistic as it was an
opportunity to gather together all rootless and
persecuted Jews in their ancestral homeland. By
so doing, it "would diminish anti-semitism
everywhere and thus make the assimilation of the
remaining Jews easier." 103 The first World
Zionist Congress was held in Basel, Switzerland,
in late August 1897, and in turn created the World
Zionist Organization, with its major aim "to
create a publicly recognized, legally secured
home for the Jewish people in Palestine."1 04
The legal and historical roots of the post-World
War II Arab-Israeli conflict derive from the Bal-
four Declaration of November 2, 1917, through
which the British Foreign Secretary specifically
promised the influential Zionist leader, Lord
Rothschild, that Great Britain would agree in
principle to the establishment of a "national
home" in Palestine for "the Jewish people."10 5
Although President Woodrow Wilson remained
silent on the advice of his Secretary of State, who
cautioned against "turning the Holy Land over to
the absolute control of the race credited with the
death of Christ," 10 6 the United States Congress
had no such concern when it adopted on June 30,
1922, a resolution affirming American support of
Balfour's pledge, which was promptly signed by
Wilson's successor. 107
On September 22, 1923, Palestine formally be-
came a British Mandate, following League of Na-
tions approval granted the preceding year. The
Balfour Declaration was incorporated by refer-
ence into the preamble of the Mandate instrument
and clearly stated that Great Britain should create
whatever "political, administrative and economic
conditions as will secure the establishment of a
Jewish National Home...." 108 The Mandate itself

was thus legally sanctioned by the League Coven-
ant.
Zionism was not instantly popular with Ameri-
can Jews, and both Orthodox and Reform ele-
ments at first opposed it, particularly the Ameri-
can Jewish Committee (later the American
Jewish Congress) founded by a number of promi-
nent New Yorkers in 1903 to protect Jewish rights
at home and abroad. 109 More than almost anyone
else, Justice Louis D Brandeis, an ardent Zionist, 110
helped to rally American Jewish opinion to the
Zionist cause."' Of added significance was the
presence of future Justice Felix Frankfurter,
another dedicated Zionist, on the American
Zionist delegation to the Paris Peace Confer-
ence.1 12 One of the most prescient critics of the
Zionist mystique was nationalistic Russian Jewish
journalist, Asher Ginzberg, who under his pen-
name of Ahad-Ha-am (One of the People) warned
of the dangers of antagonizing the indigenous
Arab population. His solution was a Palestine
shared by Jew and Arab "in mutual respect and
harmony," but that unhappily was not to be. 13
The British White Paper of May 1939 (de-
nounced by Winston Churchill as "shameful") cut
off Jewish emigration, and declared that the Man-
date would be ended in ten years.1 14 It was two
years off in its prediction, for in 1947 the British
Labor Government turned the Palestine question
over to the United Nations. The net result was the
decision by the United Nations General Assembly
on November 29, 1947, to partition the Palesti-
nian Mandate, thus creating both an Arab and a
Jewish state with Jerusalem to be inter-
nationalized under permanent United Nations
trusteeship. Two days before the Mandate for-
mally ended, on May 13, 1948, the Arab League
declared war on Palestinian Jewry. The first day of
its de jure independence saw Israel simultane-
ously invaded by five Arab League countries, and
thus began the first of the four Arab-Israeli wars.
AMERICAN JEWRY: FROM THE
HOLOCAUST TO THE PRESENT DAY
For the American Jewish community, the Great
Depression was a massive crisis. Social mobility
came to a halt or more often than not went into
decline. "IT]eachers, pharmacists, accountants,
and lawyers drove taxicabs; doctors, dentists, and
architects... .worked as waiters.. .real estate hold-
ings vanished overnight; and medium-size retail
outlets, unable to compete with the large chain
stores, were driven out of business." 1 1 ronically,
despite the restrictive immigration laws of the
CHITTY'S LAW JOURNAL / VOL. 28 MARCH 1980 / 83
1920s, Jewish refugees from Hitler's Germany
and from Fascist and authoritarian Europe not
only came to American shores, but the contribu-
tions to the development of atomic energy by Eins-
tein, Rabinowitch, Teller, and Fermi (that latter
an emigre because of his Jewish wife) were to
change the course of history.1 16
Franklin D Roosevelt also changed the nature
of American politics by welding a broad consti-
tuency of minority support, foremost among
which was the now developing Jewish vote. Two
decades ago Political Scientist Clinton Rossiter
wrote:
The Jewish vote is not a large one, but it is alert, active,
and self-conscious, and it makes up nearly 25 per cent
of the electorate in our four largest cities ... Jews cast their
votes, be it noted, in a fairly steady 3:1 ratio for the Democ-
17
ratic party.'
Despite slight momentary defections as with
Dwight Eisenhower in his first campaign, Jews
have remained clearly Democratic to this day.' 18
Because he appointed two Jewish Supreme Court
Justices (Cardozo and Frankfurter) and because
he had one Jewish cabinet member and several
key advisers (Henry Morgenthau, Jr, Samuel I
Rosenman, Benjamin V Cohen), FDR was per-
ceived as a friend, indeed a supporter of Jewish
interests.1 19 His record on the plight of the Jews
during the Holocaust would indicate otherwise.
The greatest figure in the Jewish pantheon of
Presidential heroes is Harry S Truman, whose
militant civil rights posture distinctly benefitted
the Jewish community. But he is most revered in
the Jewish historical memory for his instant rec-
ognition of the State of Israel over the strong
objections of the Department of State and several
anti-Israel members of his administration (par-
ticularly James Forrestal and Robert Lovett). 120
Truman himself was later to remark: "I made
policy. Their job was to carry it out, and if there
were some who didn't like it, they could resign any
time they felt like it." 1 2 1 The Rosenberg treason
case temporarily divided American Jews and
made many uneasy, but since the Rosenbergs
were tried by a Jewish prosecutor and convicted
and sentenced by a Jewish judge, there were no
far-reaching ramifications. 1 2 2 Likewise the
McCarthy era did not raise the specter of anti-
Semitism, since his two chief aides were both of
the Jewish faith. In fact, the 1950s and 1960s were
years of steady progress for the American Jew on
all fronts. At the end of the 1960s more than
two-thirds of the Jewish labor force could be
categorized as individual businessmen, profes-
sionals, and corporate managers. One-third of
84 / CHITTY'S LAW JOURNAL / VOL. 28 MARCH 1980
American Jewry was above the $10,000 annual
income level. And 80 percent of college-age
Jewish youth were actively pursuing higher edu-
cation. In fact, nearly one-half of Jewish families
had attained middle class status. 12 3 The old jokes
about "my son the doctor" and "my son the
lawyer" are no longer mere hyperbole.
The stunning triumph of Israeli military might
during the 1967 Six Day War brought out a new
political activism among young American
Jews. 12 4 The angry, sometimes criminal protests,
by the JDL and the New Left did not, however,
make any lasting impact upon the general pub-
lic, and responsible Jews everywhere disavowed
any support of vigilante and revolutionary organi-
zations. 125 The main cause of Jewish concern in
the 1970s was the plight of Soviet Jewry, repres-
sion of Jewish dissidents, and the severe limita-
tions placed upon emigration from the USSR.
The plight of Soviet Jews has been partly at-
tuned to American national and international poli-
tics in this current decade. 12 6 During the 1960s
approximately 150,000 Jews left the Soviet Union
and almost 200,000 have emigrated during the
past ten years. The average monthly rate in 1979
reached a proximate figure of 4,000.127 "Since
1968, US Administrations along with congres-
sional sentiment - as in previous epochs - had
made the treatment of Russian Jewry a serious
concern of US policy." 1 28 In fact, the 1973-1974
Jackson-Vanik Amendment linking the freedom
of emigration to East-West trade was a direct
offspring of presidential politics. 12 9 The result was,
not unexpectedly, a decrease in the flow, until the
desirability of SALT II loosened Soviet restric-
tions. But in the USSR the real problem continues
to be the diminution of the basic legal rights of
Soviet Jews, harassment of refuseniks, and unre-
mitting persecution of dissidents. 130 American
Jews for their part give no sign of letting up on the
N OTES
The source materials pertaining to this subject matter are
inexorable and overwhelming. Of necessity, the citations in
this article are purposefully selective and reflect those works
which in some way influenced the author or bear directly
upon particular themes. Because of the tremendous volume
of sources and the fact that almost all the readers of this
article will be English-speaking, only English-language
studies have been cited, with one exception.
1 The Washington Post April 25 1979 at 1 col 2.
2 Id sec D, at 1 col 2. It was this lack of remembrance,
according to Israeli Attorney-General Gideon Hausner,
that led the Israeli government to bring Adolf Eichmann
to trial and judgment. See Gideon Hausner Justice In
Jerusalem xiii-xiv (4th ed New York Schocken Books Inc
1968). See also Susan Sontag Against Interpretation:
And Other Essays 131-33 (New York Dell Publishing
political pressure put upon their own government
representatives to do something about the Soviet
Jewish problem.
CONCLUSION
Like the women of the Virginia Slims adver-
tisement, Jews in America have indeed come a
long way. Their European heritage, except for the
nagging memory of the Holocaust era, is largely
behind them. Ironically, the successes of assimila-
tion are beginning to present, if not equal in qual-
ity, certainly as great a threat in quantity to the
survival of American Judaism as anti-Semitism
did in the past. Anti-Semitism, although muted in
the general community, has poisoned Black-
Jewish relations, almost to the point of no return.
To quote one Black extremist, Clayton Jones, a
columnist for the Amsterdam News: "We are in
open warfare with organized Jewry." 3 1
Most American Jews, rightly or wrongly, have
come to feel a sense of identification with Israel
and a conviction that the future of Israel repre-
sents the future of world Jewry. This has, admit-
tedly, led to some divided loyalties. 13 2 The histori-
cal record undeniably demonstrates that Ameri-
can Jews have not been loathe to bring political
pressures to bear upon the US Congress, and this
activiy has not abated. 133 Yet, Jews themselves
have become deeply divided over the Arab-Israeli
imbroglio,1 34 while the American establishment
even before Jimmy Carter had shown signs of
disaffection with their traditional pro-Israeli
stance. 13 5 Perhaps it is inherent in the Jewish
nature to ask: "what else can happen?" Perhaps
American Jews are still unable to come to grips
with the evidence that they have at long last made
it. Whatever the answer, even today "the indi-
vidual Jew is subsumed by his category, and one
way or another feels the personal helplessness of
Jewry may be ethnically united, but it is divided in
almost every other respect.E
Company Inc 1969).
3 Cf Lucy Y Steinitz and David M Szonyi Living After The
Holocaust: Reflections By The Post-War Generation In
America (New York Bloch Publishing Company Inc
1976); Hannah Arendt The Jew As Pariah: Jewish Iden-
tity And Politics In The Modern Age ed by Ron H
Feldman (New York Grove Press Inc 1978); H Quinley
and Charles Y Glock, Anti-Semitism In America (New
York and London. The Free Press 1979); Cultural Issues
In Contemporary Psychiatry: The American Jew
(Philadelphia Smith Kline & French Laboratories 1977);
Helen Epstein The Heirs Of The Holocaust New York
Times Magazine June 19 1977 at 11-15, 74-7.
4 See Saul Bellow To Jerusalem And Back: A Personal
Account (New York Avon Books 1977); Robert Silver-
berg If I Forget Thee 0 Jerusalem: American Jews And

The State Of Israel (New York Pyramid Books 1972);
Ruth R Wisse The Anxious American Jew Commentary
66:3 (September 1978): 47-50.
5 Meir Kahane Never Again! (New York Pyramid Books
1972). Kahane's emphasis on "an immediate activist
response." id at 227, has led the JDL on occasion to use
criminal violence to carry out their objectives.
6 Dorthy Rabinowitz Blacks. Jews, And New York Poli-
tics Commentary 66:5 (November 1978): 42-47; Blacks
And Jews The New Republic September 1 & 8 1979, at
5-6. Cf also Vernon Jarrett Black Leaders Rally For
Young Chicago Tribune August 26 1979 sec 1 at 20 col 1;
Newsweek August 27 1979 at 20. id September 3 1979 at
27-8. It is significant that unlike many of their leaders,
the overwhelming number of Black adults polled by
Newsweek in September 1979 felt relations between
Blacks and Jews were still "friendly": id at 28.
7 Wisse The Anxious American Jew supra note 4 at 49.
8 Seymour Martin Lipset Political Man: The Social Bases
Of Politics 308 (New York Anchor Books 1963).See also
Alan M Fisher Realignment Of The Jewish Vote?
Pol ScQ 94:1 (spring 1979): 97-116, who concludes
"Realignment is still more portent than real." id at 116.
9 Oscar Handlin The Uprooted: The Epic Story Of The
Great Migrations That Made The American People 143
(New York Grosset & Dunlap 1951).See also Michael V
Belok Minorities And Ethnicity in Joseph S Roucek ed
Social Control For The 1980s: A Handbook For Order In
A Democratic Society 333-45; (Westport Conn and Lon-
don Greenwood Press 1978);Michael Novak The Rise Of
The Unmeltable Ethnics (New York Macmillan 1971);
Andrew M Greeley Ethnicity In The United States: A
Preliminary Reconnaissance (New York John Wiley &
Sons 1974).
10 Cf Astri Suhrke and Lela Barner Noble eds Ethnic Con-
flict In International Relations (New York and London
Praeger Publishers 1977); Gregory Henderson Richard
Ned Lebow and John G Stoessinger eds Divided Nations
In A Divided World (New York David McKay Co Inc
1974); Martin 0 Heisler ed Ethnic Conflict In The World
Today The Annals 433 (September 1977); Dov Ronen
The Quest For Self-Determination (New Haven Yale
University Press 1979); Yonah Alexander and Robert A
Friedlander eds Self-Determination: National, Re-
gional, And Global Dimensions (Boulder Colo
Westview Press 1980).
11 Daniel Patrick Moynihan Patterns Of Ethnic Succes-
sion: Blacks And Hispanics In New York City PolScQ
94:1 (spring 1979): 2.
12 Robert A Dahl Pluralist Democracy In The United
States: Conflict And Consent 283 (Chicago Rand Mc-
Nally Company 1967) indicates that there has been
societal disruption in the US about every 20 years.
13 Alexis de Tocqueville 1 Democracy In America 374 ed
by JP Mayer trans by George Lawrence (New York An-
chor Books 1969).
14 Crane Brinton John B Christopher and Robert L Wolff
Civilization In The West 13, 16-17 (Englewood Cliffs NJ
Prentice-Hall Inc 1964).
15 Genesis 17:1-18:21.
16 Id at 22:16-22:18.
17 See for example Max I Dimont The Indestructible Jews:
Is There A Manifest Destiny In Jewish History? (New
CHITT'Y'S LAW JOURNAL / VOL. 28 MARCH 1980 / 85
York and Cleveland The World Publishing Company
1971). an always stimulating if sometimes overzealous
work; Bernard Susser Ideological Multiviolence: Martin
Buber And The German Volkish Tradition PolTheory 5:1
(February 1977): 75-96; Hans Kohn Reflections On
Modern History: The Historian And Human Responsibil-
ity 179-211 (Princeton NJ D Van Nostrand and Company
Inc 1963). Gerald J Blidstein Who Is Not A Jew? - The
Medieval Discussion 11 IsraelLRev 369, 374 (1976), ob-
serves: "Many authorities allow that one may be a Jew
for certain purposes, and may not be a Jew for others."
18 Cf MA Beek Concise History Of Israel: From Abraham
To The Bar Cochba Rebellion 17-40 trans by Arnold J
Pomeeans (New York and Evanston Harper & Row
1957); Max Wurmband and Cecil Roth The Jewish
People: 4000 Years Of Survival 5-19 (New York Shen-
gold Publishers 1967); Dimont The Indestructible Jews
supra note 17 at 11-21.
19 Exodus 19:18-25, 20:1-14.
20 Genesis 31:44; Exodus 19:5; Jeremiah 31:31-34.
21 Beek Concise History Of Israel, supra note 18 at 49-60;
Wurmband and Roth The Jewish People supra note 18 at
19-23; Dimont The Indestructible Jews supra note 17 at
27-9; Rufus Learsi Israel: A History Of The Jewish People
41-8 (Cleveland and New York The World Publishing
Company 1966); and in the Old Testament, the Book of
Judges.
22 Cf the Book of Samuel and the Books of First and
Second Kings; Joan Comay The Hebrew Kings (New
York William Morrow and Company Inc 1977).
23 For these events and those leading up to the Roman
conquest, see generally the sources cited above in addi-
tion to more specialized works listed below. Although it
was intended for a popular audience and recent scholar-
ship has changed many of the facts as they were then
known, for a panoramic view majestically presented, one
cannot overlook Will Durant Our Oriental Heritage
299-349 (New York Simon & Schuster 1935).
24 Psalms 137:1, 5-6.
25 The smallest figure given seems to be that of Dimont
The Indestructible Jewssupra note 17 at 46, who puts the
number at 42,000 stretched out over a century.
26 Cf Alyn Brodsky The Kings Depart (New York and
Evanston Harper & Row 1974), and still the source of
much of ancient Jewish history, Josephus Complete
Works trans by William Whiston Bk XII at 256-66 (Grand
Rapids Kregel Publications 1974).
27 Michael Grant The Jews In The Roman World 29 (New
York Charles Scribner's Sons 1973). Grant's study must
be considered the authoritative work on this subject.
28 Id at 31-3, 53-4.
29 Id at 59-84.
30 Dimont The Indestructible Jews supra note 17 at 90;
Grant, The Jews In The Roman World supra note 27 at
62.
31 Cf Paul Goodman History Of The Jews 62-4 revised and
enlarged by Israel Cohen (New York EP Dutton & Com-
pany 1959); Grant The Jews In The Roman World supra
note 27 at 60.
32 Id at 59-65; Dimont The Indestructible Jews supra -note
17 at 91.
33 Grant The Jews In The Roman World supra note 27 at
62.
86 / CHITTY'S LAW JOURNAL / VOL. 28 MARCH 1980
34 See the interesting observations of Ernest Van Den
Haag The Jewish Mystique 60-6 (New York Dell Publish-
ing Company 1971). RH Barrow The Romans 176
(Chicago Aldine Publishing Company 1964) is a modern
scholar who still reflects the pre-Christian view:
The Jews drew close to one another, emphasizing
race and claiming exclusive possession of their own
land. In Jehovah's good time, if they were true to their
faith, they would be triumphant: for they still held to
their belief that as Jehovah's agents they would rule
the world.
35 Quoted by Jacob Katz Zionism vs Anti-Semitism Com-
mentary 67:4 (April 1979): 49.
36 Grant The Jews In The Roman World supra note 27 at
176.
37 The basic source for this period remains Josephus The
Wars Of The Jews Or The History Of The Destruction Of
Jerusalem Complete Works at 427-605. Josephus's ac-
count, although harsh on the Romans, is nevertheless
sympathetic to the Emperor Titus.
38 Learsi Israelsupra note 21 at 171-79; Goodman History
Of The Jews supra note 31 at 56-61; Grant, The Jews In
The Romap World supra note 27 at 189-205. There were,
by this time, as many Jews living outside of Palestine as
were dwelling there.
39 Grant The Jews In The Roman World supra note 27 at
242-58.
40 Jean Juster, The Legal ConditionOf The Jews Under The
Visigothic Kings: PartI 11 IsraelLRev 259 (1976); Grant
The Jews In The Roman World supra note 27 at 288-9.
The famed historian Arnold Toynbee, unable to explain
the stubbord tenacity of Judaism, became distinctly hos-
tile to it: "Jewry ... was a fossilized relic of a civilization
that was extinct in every other shape." Arnold Toynbee II
A Study Of History 173-4 abridgement by DC Sommer-
vell (New York and London Exford University Press
1957).
41 Juster The Legal Condition Of The Jews Under The Vis-
igothic Kings: PartI supra note 40 at 286-7.
42 Toynbee avers that the European Jews "conspired with
their co-religionists in North Africa to procure the inter-
vention [in the Iberian Peninsula] of the Muslim Arabs."
Toynbee A Study Of History supra note 40 at 174.
43 Learsi Israel supra note 21 at 197-8.
44 Goodman History Of The Jews supra note 31 at 70.
45 Cf id at 69-72; Learsi Israel supra note 21 at 210-20;
Dimont The Indestructible Jews supra note 17 at 251-3;
Norman F Cantor Medieval History: The Life And Death
Of A Civilization 430-2 (New York and London The
Macmillan Company 1963).
46 Id at 344, 431-2, and 493.
47 Cf Wurmhand and Roth The Jewish People supra note
18 at 260-9, 278-85; Learsi Israel supm note 21 at 288-
98, 315-18; Dimont, The Indestructible Jews supra note
17 at 217-22, 242-5; Howard Morley Sachar The Course
Of Modern Jewish History 28-33 (New York: Dell Pub-
lishing Company, 1958); Cecil Roth and David Corcos
The Ghetto Israel Pocket Library Anti-Semitism 110-19
(Jerusalem Keter Publishing House 1974).
48 Anita Libman Lebeson Jewish Pioneers In America
1492-1848 at 13-18 (New York Brentano's 1931); Cecil
Roth The Jewish Contribution To Civilization 88-90
(Cincinnati Union of Hebrew Congregations 1940).
Some scholars, such as those cited above, have even
maintained that Columbus was of Jewish descent (see id
at 9), but this view is not shared by his major biographer
Samuel Eliot Morrison: "Columbus in all his writings
dropped no word of pity for the fate of this persecuted
race, and even expressed the wish to exclude them from
the lands he discovered." Samuel Eliot Morrison Christ-
opher Columbus, Mariner 32 (New York The New
American Library 1956).
49 Lebeson Jewish Pioneers in America supra note 48 at
38-42.
50 Id at 45-55; Max Dimont The Jews In America: The
Roots And Destiny Of American Jews 28-30, 36-41 (New
York Simon and Schuster 1978), a somewhat iconoclas-
tic treatment emphasizing American influences; Stanley
Feldstein The Land That I Show You: Three Centuries
Of Jewish Life In America 1-4 (New York Anchor
Press/Doubleday 1979), a solid and richly detailed social
history.
51 Id at 23. The following discussion of Jewish life in
nineteenth century America relies primarily, but not ex-
clusively, onid; Dimont The Jews In America;supra note
50; Oscar Handlin Adventure In Freedom: Three
Hundred Years Of Jewish Life in America (New York
McGraw Hill Book Company Inc 1954) a valuable but
uncritical work; Rufus Learsi The Jews In America: A
History (Cleveland and New York The World Publishing
Company 1954); Irving Howe World Of Our Fathers
assisted by Kenneth Libo (New York Simon and Schus-
ter 1976), an intensive look at New York City Jewry in the
late nineteenth and early twentieth centuries.
52 Handlin Adventure In Freedom supra note 51 at 23-7, is
definitely filiopietistic in his treatment of Jewish patriots
during the Revolutionary period.
53 Dimont The Jews In America supra note 50 at 58-9.
54 Irving Brant, the distinguished historian of the Bill of
Rights, comments:
Madison and his colleagues knew what they were
doing. English history had demonstrated to them that
without complete religious liberty, without freedom of
conscience and separation of church and state, there
could be no freedom of speech, or of the press, or the
right of assembly.
Irving Brant The Bill Of Rights: Its Origin And Meaning
74 (New York New American Library 1967).
55 Feldstein The Land That I Show You supra note 50 at
28-9, 33-5.
56 Clemont Eaton The Growth Of Southern Civilization
1790-1860 at 315 (New York Evanston and London
Harper & Row 1963).
57 TRB Susie And The Pope The New Republic October 6
1979 at 4.
58 Feldstein The Land That I Show Yousupm note 50 at 38.
While perhaps not true of the nineteenth century in pres-
idential elections, bloc voting in the twentieth century is
certainly a reality.
Previous studies of Jewish voting patterns in presiden-
tial elections have found that Jews do tend to vote as a
bloc, but party differences rather than the policy
stands of the candidates appear to be the most impor-
tant factors in determining the Jewish vote.
Robert H Trice Congress And The Arab-Israeli Conflict:
Support For Israel In TheUS.Senate, 1970-1973 PolScQ

92:3 (fall 1977): 456.Cf generally Marvin C Fuerwerger
Congress and Israel: Foreign Aid Decision-Making Of
Representatives 1969-1976 (Westport Conn Greenwood
Press 1979).
59 For a general account of Jewish frontiersmen, including
adventurers and explorers see IH Sharfman Jews On The
Frontier: An Account Of Jewish Pioneers And Settlers In
Early America (Chicago Henry Regnery Company
1977). For a short statement see James Yaffe The
American Jews 5-6 (New York: Random House 1968).
60 On the transformation from itinerant peddler to mer-
chant prince see Leon Harris Merchant Princes: An Inti-
mate History Of Jewish Families Who Built Great De-
partment Stores (New York Harper & Row 1979).
61 Feldstein The Land That I Show You supra note 50 at 42.
62 Id at 177; Dimont The Jews In America supra note 50 at
230.
63 Jay Monaghan Diplomat In Carpet Slippers: Abraham
Lincoln Deals With Foreign Affairs 90-1 (Indianapolis
and New York The Bobbs-Merrill Company 1945); Di-
mont The Jews In America supra note 50 at 130-1.
64 See generally Handlin The Uprooted supra note 9, and
Nathan Glazer American Judaism 60-78 (2nd ed rev
Chicago University of Chicago Press 1972).
65 Cf Feldstein The Land That I Show You supra note 50 at
118-73; Dimont The Jews In America supra note 50 at
147-61' Howe World Of Our Fathers supra note 51 at
26-87; Sacher The Course Of Modern Jewish History
supra note 47 at 305-22.
66 Feldstein The Land That I Show You supra note 50 at
132-3.
67 Cf Handlin Adventure In Freedom supra note 51 at 110-
17; Feldstein The Land That I Show Yousupm note 50 at
70-5 and 185; Dimont The Jew In America suprm note 50
at 122-5, 132-44, 169-78; Howe World Of Our Fathers
supma note 51 at 190-200. An excellent short biography of
Wise is that of Israel Knox Rabbi In America: The Story
Of Isaac M Wise (Boston and Toronto Little Brown and
Company 1957).
The centrist position of Conservatism has helped
make it numerically the most prominent branch of
America Judaism, with a larger number of members
and affiliated congregations than either Reform or
Orthodoxy in all its manifestations can claim.
Ruth R Wisse Women As ConservativeRabbis? Commen-
tary 68:4 (October 1979): 59.
68 Howe World Of Our Fathers supra note 51 at 154-63.
69 Carl G Gustavson A Preface To History: Uses Of Histor-
ical Thinking 27 (New York Toronto and London
McGraw-Hill Book Company Inc 1955).
70 See Nora Levin While Messiah Tarried: Jewish Socialist
Movements, 1871-1917 (New York Schocken Books
1978); Arthur Liebman Jews And The Left (New York
and Toronto John Wiley & Sons 1979).
71 Ironically, the eloquent inscription on the Statue of Lib-
erty was written by Jewish poetess Emma Lazarus.
72 Dimont The Jews In America supra note 50 at 165.
73 208 US 412 (1908). See also Willard Hurst The Growth
Of American Law: The Law Makers 334 (Boston Little
Brown and Company 1950).
74 Sidney H Asch The Supreme Court And Its Great Jus-
tices 113 (New York: Arco Publishing Company 1971);
CHITTY'S LAW JOURNAL / VOL. 28 MARCH 1980 / 87
Hurst The Growth Of American Law supra note 73 at
371.
75 One anti-Semitic member of the Hughes Court never
communicated with Brandeis.
76 See Arthur S Link The American Epoch: A History Of
The United States Since The 1980s 302,304 (2nd edition
revised with the collaboration of William B Catton New
York Alfred A Knopf 1965).
77 Sacher The Course Of Modern History supra note 47 at
234-5; Yizhak Heinemann et al Anti-Semitism Israel
Pocket Library Anti-Semitism at 1.
78 Hannah Arendt The Origins Of Totalitarianism 11-53
(new edition New York Harcourt Brace Jovanovich Inc
1973).
79 Id at 56-68; Learsi Israel supm note 21 at 432-49; Good-
man History Of The Jews suprm note 31 at 150-84.
80 Toynbee A Study Of History supra note 40 at 176.
81 Peter Gay Freud Jews And Other Germans: Masters
And Victims In Modernist Culture 93-101 (Oxford and
New York Oxford University Press 1978). Cf also Mar-
jorie Lamberti Jewish Activism In Imperial Germany:
The Struggle For Civil Equality (New Haven Conn Yale
University Press 1978); Fritz Stern Gold And Iron: Bis-
marck, Bleichroder, And The Building Of The German
Empire (New York Vintage Books 1979).
82 Sachar The Course Of Modern Jewish History supra
note 47 at 221-7, 233-9; Arendt The Origins Of To-
talitarianism supra note 78 at 28-42.
83 Id at 45-50.
84 The best short treatment of the entire sordid affair can
be found in id at 89-120. For a seminal survey covering
all of the racist, anti-Semitic publicists of the nineteenth
and twentieth centuries, with an emphasis on Germany,
one should consult George L Mosse Toward The Final
Solution: A History Of European Racism (New York
Howard Fertig Inc 1979).
85 Yehusa Slutsky Programs in Israel Pocket Library
Anti-Semitism at 125-34 Learsi Israel supra note 21 at
472-82, 527-39, and 583-8; Sachar The Course Of Mod-
ern Jewish History supra note 47 at 24-60.
86 William Korey The FutureOf Soviet Jewry: Emigration
And Assimilation ForAff 58:1 (fall 1979): 67.
87 CfLucy S Dawidowicz The War Against The Jews
1933-1945 (New York Holt Rinehart and Winston 1975);
Nora Levin The Holocaust: The Destruction Of Euro-
pean Jewry 1933-1945 (New York Schocken Books
1973); Raul Hilberg The Destruction Of The European
Jews (Chicago Quadrangle Books, 1967); Helen Fein
Accounting For Genocide: National Responses And
Jewish Victimization During The Holocaust (New York
The Free Press 1979); Israel Pocket Library Holocaust
(Jerusalem Keter Publishing House 1974).
88 Leon Wieseltier Between ParisAnd Jerusalem The New
York Review of Books October 25 1979 at 3. For acontm
viewsee Abraham I Katsh TerrorHolocaustAnd The 111
To Live in Marius H Livingston, Bruce Kress, and Marie
G Wanek eds International Terrorism In The Contem-
porary World 430-35 (Westport Conn and London
Greenwood Press 1978).
89 Quoted by William Shawcross Refugees And Rhetoric
Foreign Policy 36 (fall 1979): 6. Forty-one years later, on
July 21, 1979, US Vice-President Walter Mondale beg-
88 / CHrTY'S LAW JOURNAL / VOL. 28 MARCH 1980
ged the delegates to the UN-sponsored refugee confer-
ence in Geneva not to follow in Evian's tragic path. Id. On
the Evian Conference, see also Arthur D Morse While Six
Million Died: A Chronicle Of American Apathy 199-220
(New York Hart Publishing Company Inc 1968). The
90 The literature of this sorry episode is still growing. Cf
particularly, Eric Breindel History'sBoat People The New
Republic, August 4 & 11 1979 at 17-19; David S Wyman
Why Auschwitz Was Never Bombed Commentary 65: 5
(May 1978) 37-46; Bernard Wasserstein Britain And
The Jews Ut Europe 1939-1945 (Oxford and New York
Oxford University Press 1979); Morse While Six Million
Died supra note 89; Walter Laqueur The Terrible Secret:
Suppression Of The Truth About Hitler's "Final Solu-
tion" (Boston Little Brown 1979).
91 Cf Handlin Adventure In Freedom supra note 51 at
184-210; Richard Hofstader The Age Of Reform: From
Bryan To FDR 77-83 (New York Alfred A Knopf 1955).
92 Handlin Adventure In Freedom supra note 51 at 200-01;
Feldstein The Land That I Show You supra note 50 at
278-81.
93 Id at 283-4; Handlin Adventure In Freedom supra note
51 at 205.
94 Glazer American Jewry supra note 64 at 88.
95 Feldstein The Land That I Show You supra note 50 at
474-6.
96 Ribicoff (D) Connecticut; Metzenbaum (D) Ohio; Stone
(D) Florida; Levin (D) Michigan; Boschwitz (R) Min-
nesota; Javits (R) New York; Roth (R) Delaware. Ab-
raham A Ribicoff is the first US politician to have served
as city judge, state legisaltor, Governor, Representative
cabinet officer, and Senator. New York Times June 3
1979 sec E at 6 col 5.
97 DeFunis v Odegaard 416 US 312 (1974); University of
California Regents v Bakke 438 US 265 (1978). Cf
Ronald Dworkin Taking Rights Seriously 223-39 (Cam-
bridge Mass Harvard University Press 1977); Ronald
Dworkin The Bakke Decision:Did It DecideAnything? The
New York Review of Books August 17 1978 at 20-5;
William J Bennett and Terry Eastland Why Bakke Won't
End Reverse Discrimination: Part 1 Commentary 66:3
(September 1978): 29-35; Nathan Glazer Why Bakke
Won't End Reverse Discrimination: Part2 id at 36-41; J
Harvie Wilkinson III From Brown To Bakke (Oxford and
New York Oxford University Press 1979).
98 Van Den Haag The Jewish Mystique supm note 34 at
88-94; Rabinowitz Blacks, Jews And New York Politics
supra note 6 at 42-7; Murray Friedman Black Anti-
Semitism On The Rise Commentary 68:4 (October 1979):
31-35; Harold E Quinley and Charles Y Glock Anti-
Semitism In America 54-72 (New York and London The
Free Press 1979), who observe that anti-Semitism, even
before Andrew Young's resignation from the UN, has
been most prevalent among the younger generation of
Black Americans. The US Black-Jewish tensions have
also attracted the notice of foreign commentators. See
especially CoryellJuffs et noirs aux Etats-Unis:lafin dune
alliance? Le Monde diplomatique June 1980 at 12-13.
99 On the UN General Assembly November 1975 denunci-
ation of Zionism as "a form of racism and racial dis-
crimination,"see UN Chronicle 12:11 (December 1975):
37-44.
100 JA BrawerJewish Communities (EDOT) in Israel Pocket
Library Society 30-1 Jerusalem Keter Publishing House
1974).
102 See for example Sachar The Course Of Modern Jewish
History supmo note 47 at 267-83; Learsi Israel suprm note
21 at 515-27; Dimont The Indestructible Jewssuprm note
17 at 295-303; Robert Goldston Next Year In Jerusalem:
A Short History Of Zionism 124-38 (New York Fawcett
Crest 1978); Walter Laqueur A History Of Zionism (Holt
Rinehart and Winston 1977).
103 Hans Kohn Reflections On Modern History supra note
17 at 190.
104 Goldston Next Year In Jerusalem supra note 102 at
130-31. Arnold Toynbee, a long-time hostile critic of
Zionism, has characterized that movement as a "de-
monic effort" to wrest Palestine from its legitimate pos-
sessors, the Palestine Arabs. Toynbee A Study of History
supra note 40 at 177-9. A sharp, tendentious attack upon
Zionism can also be found in Eugene M Fisher and MC
Bassiouni Storm Over The Arab World: A People In
Revolution (Chicago Follett Publishing Company 1972).
For a more scholarly critique of American Zionism see
Joseph S Roucek The American Zionists As A Pressure
Group Issues 18:4 (summer 1964), 36-44; and Joseph S
Roucek Politics vs Policies And The Problem Of Ameri-
can Zionism id 20:2 (summer 1966) 42-8.
105 Robert Silverberg If I Forget Thee 0 Jerusalem supra
note 4 at 89-97; Sachar The Course Of Modern Jewish
History supra note 47 at 372-6.
106 Silverberg If I Forget Thee 0 Jerusalem supra note 4 at
97-8. The State Department was to remain consistent in
this attitude for the next three decades.
107 Id at 135. Since the resolution's sponsors were the
ultra-conservative Senator Henry Cabot Lodge and Rep-
resentative Hamilton Fish, "[t]he power of organized
Jewry to influence American foreign policy was becom-
ing apparent." Id.
108 Sachar The Course of Modem Jewish History supra
note 47 at 376-7; Silverberg If I Forget Thee 0 Jerusalem
supra note 4 at 130-5; Goodman History Of The Jews
supra note 31 at 202-5.
109 Cf Nathan Glazer American Judaism supra note 64 at
55; Dimont The Jews In Americasupra note 51 at 208-10;
Feldstein The Land That I Show You supra note 50 at
132-3, 250-1; Silverberg If I Forget Thee 0 Jerusalem
supra note 4 at 100-02. The American Jewish Committee
sponsors Commentary magazine which publishes
Zionists and anti-Zionists.
110 See particularly his June 1915 speech to the Eastern
Council of the Central Conference of Reform Rabbis,
cited in Louis D Brandeis The Jewish Problem: How To
Solve It 12-23 (Cleveland Joseph Saslaw 1934).
111 Goldston Next Year In Jerusalem supra note 102 at
152-5; Silverberg If I Forget Thee 0 Jerusalem supra
note 4 at 89-97.
112 Sachar The Course Of Modem Jewish History supra
note 47 at 376. Frankfurter continued to be an active
Zionist during his entire Supreme Court tenure.
113 Kohn Reflections On Modern History supma note 17 at
195-211. Albert Einstein held similar views. See Isaiah
Berlin Einstein And Israel New York Review of Books
November 8 1979 at 13-17. IF Stone The OtherZionism
Harper's September 1978 at 65-72, discusses the propo-
nents of an alternative Zionism.
114 Goldston Next Year In Jerusalem supra note 102 at

184-6; Sachar The Course Of Modem History supra note
47 at 391-3.
115 Feldstein The Land That I Show You supra note 50 at
310.
116 See especially the fascinating portraits by Laura Fermi
Illustrious Immigrants: The Intellectual Migration From
Europe, 1930-1941 (Chicago & London University of
Chicago Press 1968). One has only to read her index of
names to be grateful for the American tradition of wel-
coming refugees, as limited as it had become. Jews
amounted to perhaps one-half of the overall European
emigration from 1933-1944. Id at 16.
117 Clinton Rossiter Parties And Politics In America 98
(Ithaca NY Cornell University Press 1960); Lipset Politi-
cal Man supm note 8 at 308.
118 See especially Fisher Realignment Of The Jewish Vote?
supra note 8 at 99-116. A significant number also voted
for Ronald Reagan.
119 Handlin Adventure In Freedom supra note 51 at 214,
waxes ecstatic about FDR's belief in the Common Man,
allegedly shaped by Jewish advisers. Indeed, during the
New Deal Years, it was not uncommon to hear anti-
Semites speak sneeringly about Rosenfeldt and the Jew
Deal.
120 Silverberg If I Forget Thee 0 Jerusalem supra note 4 at
381-6. There was, quite naturally, a strongly orches-
trated pro-Israel campaign by Zionist organizations.
121 Merle Miller Plain Speaking: An Oral Biography Of
Harry S Truman 233 (New York Berkley Publishing
Company 1973). Truman's own account can be found in
Harry S Truman Memoirs: Years Of Trial And Hope 11 at
132-69 (Garden City NY Doubleday & Company Inc
1956). Abba Eban, first Israeli Ambassador to the United
States later noted that although the State Department
officials' attitude toward him was "punctiliously correct
... their opposition was no secret." Robert St John Eban
242 (Garden City NY Doubleday & Company 1972).
122 Louis Nizer The Implosion Conspiracy (Greenwich Conn
Fawcett Publications 1973).
123 These statistics were taken from a March 1971 News-
week survey by Dimont The Jews In America supra note
51 at 225-6. See also the favorable attitudes of the non-
Jewish majority described in Quinley and Glock Anti-
Semitism In America supra note 3 at 184-6.
124 Glazer American Judaism supra note 64 at 175-76.
0*0
CHITTY'S LAW JOURNAL / VOL. 28 MARCH 1980 / 89
125 Glazer remarks, however, that while Jewish organiza-
tions officially disavowed the antics of the JDL, "many
ordinary Jews gave them a sneaking or grudging admir-
ation'.'Id at 183.
126 See especially the recent study by William W Orbach
The American Movement To Aid Soviet Jews (Amherst
University of Massachusetts Press 1979).
127 Korey The FutureofSovietJewry supra note 86 at 73.See
also Daniel C Turack Freedom Of Tmnsnational Move-
ment The Helsinki Accord And Beyond VandJ Trans-
nationalL 11:14 (fall 1978): 599. Jewish emigration from
the USSR has now receded to a more trickle.
128 Korey The FutureOf SovietJewry supra note 86 at 74.
129 Trade Act of 1974. Public Law 93-618 January 3 1975.
130 See especially Manachem Z Rosensaft The Legal Status
OfSovietJewry:DeJureEqualityAnd DeFacto Discrimina-
tion 10 Colum Human Rights LRev 575 (1978-9); Com-
ment Allyah Of Soviet Jews: ProtectionOf The Right Of
Emigration Under International Law 14 Harvlnt'ILJ 89
(1973); Comment Human Rights In The Soviet Union 29
DePaulLRev 819 (1980).
131 Chicago Tribune August 26 1979 sec 1 at 11 col 4.See
also US News & World Report October 15 1979 at 42-4.
132 Katz Zionism vs Anti-Zionism supra note 35 at 51.
133 See for example Trice Congress And The Arab-Israeli
Conflict supra note 58 at 443-63. Toynbee A Study Of
History supra note 40 at 179, complains that "[t]he
Jewish contingent in the American citizen body wielded
a political power that was disproportionate to its num-
bers .... "
134 See Warren Weaver Jr Abe Ribicoff: Maverick In
PinstripeSuit New York Times June 3 1979 sec E at 6
cols 1-3. Generally, the Jewish writers in The New York
Review of Books are Doves, those in Commentary are
Hawks and the ones in The New Republic are mixed.
135 A good example is that of McGeorge Bundy The Ameri-
cans And The World Daedalus 107:1 (winter 1978):
296-97.
136 Wisse The Anxious American Jew supra note 4 at 50.
Saul Bellow writes of the post-Holocaust emigration of
European Jewry to Israel: "It was a desperate, naked
need that sent Jewish survivors to the Middle East. They
were not working out historical problems in the abstract.
They had to face extinction." Bellow To Jerusalem And
Back supra note 4 at 204. The memory still lingers.