It was all very legal

by HSAT 4. July 2009 02:30

A 'coup' in Honduras? Nonsense.

"Under our Constitution, what happened in Honduras this past Sunday? Soldiers arrested and sent out of the country a Honduran citizen who, the day before, through his own actions had stripped himself of the presidency.

These are the facts: On June 26, President Zelaya issued a decree ordering all government employees to take part in the "Public Opinion Poll to convene a National Constitutional Assembly." In doing so, Zelaya triggered a constitutional provision that automatically removed him from office.

Constitutional assemblies are convened to write new constitutions. When Zelaya published that decree to initiate an "opinion poll" about the possibility of convening a national assembly, he contravened the unchangeable articles of the Constitution that deal with the prohibition of reelecting a president and of extending his term. His actions showed intent.

Our Constitution takes such intent seriously. According to Article 239: "No citizen who has already served as head of the Executive Branch can be President or Vice-President. Whoever violates this law or proposes its reform [emphasis added], as well as those that support such violation directly or indirectly, will immediatelycease in their functions and will be unable to hold any public office for a period of 10 years."

Notice that the article speaks about intent and that it also says "immediately" – as in "instant," as in "no trial required," as in "no impeachment needed."

Continuismo – the tendency of heads of state to extend their rule indefinitely – has been the lifeblood of Latin America's authoritarian tradition. The Constitution's provision of instant sanction might sound draconian, but every Latin American democrat knows how much of a threat to our fragile democracies continuismo presents. In Latin America, chiefs of state have often been above the law. The instant sanction of the supreme law has successfully prevented the possibility of a new Honduran continuismo.

The Supreme Court and the attorney general ordered Zelaya's arrest for disobeying several court orders compelling him to obey the Constitution. He was detained and taken to Costa Rica. Why? Congress needed time to convene and remove him from office. With him inside the country that would have been impossible. This decision was taken by the 123 (of the 128) members of Congress present that day."

Read the whole thing.

Also, go read this article:

"The Honduran people, wise to the ways of Latin American politics, adopted a constitution that prohibits any president from serving more than one term. Presidents in Latin American countries, like herpes, have a habit of never going away. Further, the Honduran constitution requires that any referenda put to the voters must be approved by the Honduran Congress.

The Hondurans are so concerned about potential despots, that Article 239 of their constitution states that any president who proposes extending his term in office is automatically removed from office. Article 313 of the Honduran constitution allows its Supreme Court to deputize the Honduran military to carry out its orders, including removing politicians from office who seek to extend a president’s term.

Ignoring the constitution, President Manuel Zelaya, a man less popular in Honduras than George Bush was when he left office in this country, ordered a “non-binding” referendum be put to the voters on extending his stay in office.

Glenn Garvin wrote in the Miami Herald, “After the Honduran supreme court ruled that only the country’s congress could call such an election, Zelaya ordered the army to help him stage it anyway. ... When the head of the armed forces, acting on orders from the supreme court, refused, Zelaya fired him, then led a mob to break into a military base where the ballots were stored.”

The Honduran Supreme Court, congress, attorney general and members of Zelaya’s cabinet opposed his move as unconstitutional. The supreme court ordered the military to remove Zelaya from office. Honduras has no impeachment process as we know it."

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