Another Flagrant Violation(s) Of The Venezuela Constitution Today

January 15, 2013

20130115_TALC1_23_1_G2

Venezuela’s poor Constitution is being abused and raped every day.

Today President (?) Maduro, claiming that Chavez made the appointment, named Elias Jaua as Foreign Minister.

However, Chavez has not been sworn in, thus he can not appoint anyone until he is.

And Maduro, under the “administrative continuity” interpretation, has to wait until Chavez gets here and is sworn in, that is the whole point of “administrative continuity”

You could argue there are all “interpretations”, but, nobody, even the most rabid Chavista lawyer, or clueless person, can’t say this article was not flagrantly violated today:

Artículo 237. Dentro de los diez primeros días siguientes a la instalación de la Asamblea Nacional, en sesiones ordinarias, el Presidente o Presidenta de la República personalmente presentará, cada año, a la Asamblea un mensaje en que dará cuenta de los aspectos políticos, económicos, sociales y administrativos de su gestión durante el año inmediatamente anterior.

In English:

Art. 237. Within the first ten days of the installation of the National Assembly, in regular session, the President of the Republic personally will present each year to the Assembly a message that will report on the political, economic, social and administrative management during the previous year.

Was Chávez there ¨personally¨? Does the article allow the VP to do the job if he is not “President encargado”

I think not.

So, what happened today? Easy, an illegal act, a violation of the Constitution, all of which are punishable by law to those that participated in it and/or orchestrated the charade.

The violations of the Constitution and the law keep piling up. It will come back to haunt them.

As will claiming Chávez is on the way back.

Hear that Nicolas!

56 Responses to “Another Flagrant Violation(s) Of The Venezuela Constitution Today”

  1. Morpheous Says:

    And today Colombian Foreign Minister and Hilary Clinton said that Venezuelan transition should adjust to the Constitution and be transparent and democratic. What a irony! Not only Chavez has cancer, the whole world has it too.

    • tito Says:

      now it is obvious there is a violation to the constitution, before, the world “wasn’t really sure what was going on in Venezuela”

  2. Roy Says:

    Miguel,

    If Venezuela were to try to float a new bond issue, with all the current political issues, would they find any buyers?

    Do you think that a default is possible or likely this year?

    What will be the critical dates for this year?

    • moctavio Says:

      Probably would trade much higher off the curve, i.e. it will have a much higher yield and it would be very costly. I dont think they were planning for the Republic to issue.

      Politically, there can be a default any day. I dont think they will need to default and doing it would complicate things tremendously for them.

  3. A. Shaw Says:

    “Art. 237. … ” the President of the Republic personally will present each year to the Assembly a message … ,” Article 237, in part, says. Isn’t this a formality too?

    oooo

    “Article 239: The following are powers of the Executive Vice-President: … (9) To exercise such powers as may be delegated to him by the President of the Republic,” the constitution says.

    THIS HAS NOT BEEN DONE

    (1) Can the presidential message be “personally presented” by a VP?

    NO

    (2) May the president “delegate” the presentation of an Art. 237 message to the VP?

    YES, HE DID NOT DO IT

    The answers to both questions rest in large part of the exigencies of the situation in which the presentation is made and the delegation given.

    Does 237 makes any sense if it is construed to mean that when a president is on medical leave, he has to get out of his sickbed, regardless of the nature of his illness, and either read or hand a message to the National Assembly?

    HE STILL HAS TO DO IT

    If so, what is meant by “sick leave?” What good is it?

    Hitler would have admired the rigid or robotic inhumanity implicit in such a depraved construction of Art. 237. This strict constructionist view of 237 and 239(9) is at par
    with Nazi concentration camp policies.

    FUCK OFF BRINGING HITLER INTO THIS

    If we look at the originating source of the message, it is Hugo Chavez’s and from Hugo Chavez and signed by him. So, in the sense of the source, it’s personally Chavez’ message even if somebody else reads or hands it to National Assembly.

    YEAH HE USED TO GIVE TEN HOUR MESSAGES YOU BELIEVE IN NINE MINUTES

    But 237 says “the president … personally will present” the message. Here, the emphasis is not on the message, but on its presentation.

    HE DID NOT DO IT

    If this is the case, the National Assembly can decide whether the presentation by the VP is acceptable under the circumstances as well as under Art. 237. Since the Assembly did not reject the presentation by the VP, the Assembly evidently finds that — under the circumstances — the presentation substantially complies with 237. When circumstances dictate, the constitution and other laws should be construed to achieve substantial justice.

    THEY DID NOT DO IT

    The alleged non-personal presentation of the message by Chavez doesn’t demonstrate unavailability of Chavez to serve as president as contemplated by Articles 233 and 234 because Chavez approved the message and by approving the message, he served.

    HE DID NOT DO IT

    The humanist rule in these situations seems to be something like the president may delegate powers to the VP even though the constitution specifies that the president himself shall exercise the powers if sufficiently exigent circumstances dictate the delegation and if the National Assembly and supreme court approve of the delegation.

    THERE IS NO EXTRA CONSTITUTIONAL RULE IN VENEZUELAS CONSTITUTION, NO SUCH HUMANIST RULE EXISTS OR APPLIES

    Again, the AN has expressed its approval. As yet, the supreme court hasn’t spoken.

    THE AN DID NOT APPROVE ANYTHING, WHERE DO YOU GET THESE IDEAS

    PATHETIC LOGIC AS USUAL

    ALL NOISE

    • TV Says:

      I call a Godwin and a Poe on this one :)

    • loroferoz Says:

      Anyhow, dear idiot, he would still have to sign or issue a statement whereby we can be sure it’s him issuing it. Nobody is asking him to rise from his bed. If he cannot manage this, humanism towards all, and legality rule that he be relieved of all his duties in favor of an interim President.

      Of course, dear idiot, we would like to know exactly what kind of sickness Chavez has. What kind of leave that is exactly, what the unknown doctors are doing in secret about it so as to decide the most humane course of action possible. We are not nazis. We don’t hooray or call for death as a viable alternative like our now deathly-afraid President did before coming to terms with his own mortality.

      I shall always remind you that if the President is not coming back from Cuba, dear idiot, it’s because chavismo cheer-led him all the way to the gates of death, all the time obfuscating and prevaricating about his actual and unknown condition. I neither love nor hate the President. But I do get worked up by the likes of you trying to lecture anyone ever! on humanism.

    • Ronaldo Says:

      A.Shaw,
      That is simple, clear, true logic. Chavistas do not follow logic. And in this case Chavistas are not following Chavez.

      Maduro’s short speech will make it clearer to the populous that he is not Chavez. And he cannot connect to the people like a Chavez.

    • Gordo Says:

      I get it. It’s just like when you’re too sick to go to school, and there is homework due. You just get an excuse letter from your Mom, and you submit the homework later. The government should be handled the same way? However, did Hugo’s mother write an excuse letter and sign it?

  4. Manuel Says:

    I believe this latest development isn’t really news in itself ( I mean come on, are we seriously surprised that the constitution was violated? that’s not news anymore! ) but it masks an interesting bit of, well lets say…hmmm. That being this…if HC himself told Maduro about this new appointment, why wasn’t it recorded?? A simple audio recording would a) have the message coming directly from the horses mouth as it were thus giving it more weight and b) give proof that (sort of, could have been recorded previously) that HC is still alive and well enough to speak, which I’m sure chavistas would like to show.

    The fact that he didn’t record this message leads me to think two things 1) HC is dead or in very bad shape or 2) chavistas have begun fighting for power and Maduro is taking advantage that hes in the seat of power to make whatever announcement he (ie the Castros) wants. As the saying goes, possession is 9/10s…so now that Maduro is in anything goes!

    There is NO WAY! that its just a matter of, oh we didn’t think of making a recording…oops.

    • TV Says:

      He probably red his mind, whatever is there left to read.

      Hugo Chavez is in a horrible shape, obviously, otherwise the Chavistas would certainly take several proof of life pictures by now. He might even be dead, though that’s uncertain. What is certain is that, in the case he’s still alive, he will die soon – within a few weeks. It’s questionable when we’ll hear about it, probably the moment the internal struggle in Chavizmo is (thought to be) won by someone.

    • Gordo Says:

      Manuel says:

      ‘I believe this latest development isn’t really news in itself ( I mean come on, are we seriously surprised that the constitution was violated? that’s not news anymore! )”

      Actually, that’s the pattern! They begin doing little infringements, and we get used to it. Then they get a little more flagrant, and we get used to that too! It is so gradual, that it catches everyone buy surprise… but think back!

      Hugo Chavez’s reports three times that he is cancer-free! Oh no… they were wrong! I would guess that these doctors are incompetent? Yet, Hugo keeps going back for more. Sounds suspicious to me, doesn’t it?

      It is all STAGED! He knew he was dying when he declared he was cancer free all through the election. What we see now was all planned. So what happens next?

  5. Kepler Says:

    Miguel, de dónde viene ese pendejo sin fronteras que tienes ahora?

  6. captainccs Says:

    What we are seeing is a “coup d’état,” a putsch, a “golpe de estado,” an overthrow of the legitimate government of Venezuela, nothing more, nothing less. They stole the country.

    • M Rubio Says:

      captainccs, that’s what I fear is coming, or is already in progress. And I can see the Chavistas now, marching and chanting, “we are Chavez, we are the government”.

      Give them their 2 lochas a few trinkets and they’ll go home feeling the winner. Que lastima.

      Sort of like the joke my Venezuelan lawyer once told me about God sending his angels around the world to distribute oil, fresh water, fertile top soil, suitable climates, gold, etc…..basically, all the riches necessary for mankind to prosper and thrive.

      Every time an angel returned to report the completion of his mission to God he always had a some riches left over. Without fail, God would instruct him to place the extra in Venezuela.

      Finally, one angel, seeing that Venezuela was getting a disproportionate share of the riches, sheepishly said to God, “sir, I’m not questioning your decisions or authority, but isn’t it a bit dangerous to give one country such a huge share of the earth’s riches?”.

      God replied, “relax my angel, you haven’t seen the people I’m going to put there”.

      • megaescualidus Says:

        So, once it is clear HC is not coming back and that information leaks from Cuba (and it will leak), I really don’t see an election happening. In other words, I don’t know for how long Venezuela will be kept in the constitutional limbo it currently is, but when it ends, I now don’t think it will end with elections. I really think Maduro will not want to go to elections. It is not that Maduro could loose it (not soon, and not later, since I now think they will cheat their way through in either case), it is more on the principle of “why bother doing it” if they’re already in power anyway. In that case it is yet to be seen whether Diosdado will be cool with that status quo (Maduro being the president for who knows how long). In any case I don’t see a path out of this nightmare any time soon.

        • M Rubio Says:

          megaescualidus, as I’ve commented before, I see Diosdado Cabello as the wild card in this whole thing. To me, once Chavez is dead, all bets are off. The Constitution is clear….if the president dies in the first 4 years of his term in office, the prez of the AN takes over and calls for new elections within 30 days.

          While Maduro might be able to rally the faithful that he’s only doing what Chavez would have wanted (continuing in office without elections), Cabello too can easily make the same claim. How many times did we see Chavez holding up his tiny copy of the Constitution and proclaiming that it was the law of the land that he supported it 100%?

          Interesting times ahead.

          I predict Chavez will be dead before the end of this month.

          • megaescualidus Says:

            Based on what are you making your prediction that HC will be dead by the end of January (within the next 2 weeks)? Do you have “privileged” information?

            “The Consitution is clear…”. After the last few day’s events I wouldn’t hold my breadth as to Maduro et al following the constitution. Don’t count on elections within 30 days if HC dies in the first 4 years in office of this 3rd term. He, for Christ’s sake, wasn’t even inaugurated on Jan 10th as it should have been, and decrets with fake signatures are now being produced (all too expected, actually). As Miguel’s post 3 posts ago well put it, the constitution is now a colleague of the toilet paper.

            Anything is possible from now on, and I don’t know how much of a wild card (your words) Diosdado is. It all depends on whether he’s comfortable with the power he already has (a real possibility, I think) or if, being so close to the top is not enough and he’d like to really be at the very top now.

            • M Rubio Says:

              I do think Cabello is now so close to the top that it’ll be almost impossible for him to resist grabbing the ring. And as I said before, he could make the legitimate claim that it’s what Chavez would have wanted because it’s what the Constitution clearly says. And Chavez, in his departing remarks, did mention elections.

              As for my prediction of Chavez’s death, I have no inside info. I base the prediction on a number of factors, the first being that the presidential elections were first scheduled for 16 Dec but moved up to 7 Oct. I suspect this was done because there was real concern that Chavez couldn’t last till the end of the year. Yes, he knew he still had cancer despite claiming to the electorate that he was cancer-free.

              If he’s suffering from sarcoma as many oncologists believe based on the limited data that’s been released, then he’s likely in the terminal stages after these repeated operations. Coupled with the total blackout of information re Chavez….photos, tweets, phone calls…..I suspect the end is very near, hence my prediction.

  7. Kepler Says:

    This idiot Shaw is talking about justice? Qué pendejo!

    Justice in a country that has seen the murder rate rise in 14 years from 19 x 100 000 to over 70?
    Justice in a country where the fucking “socialist leaders” send their children to study in private schools? (and not in public schools as the ones where I went or where most people go)
    Fuck off, man!

  8. ErneX Says:

    Not only that, the gaceta that makes this official is signed by Chávez!

    http://www.lapatilla.com/site/2013/01/16/en-gaceta-nombramiento-de-elias-jaua-como-nuevo-canciller/

    Did he really sign this? we don’t know.

  9. jau Says:

    chavez was very thirsty and whispered into maduro’s ear jaaagua jjaguaa … and maduro designated Jaua as canciller

  10. AlexM Says:

    What do you expect from a country with two presidents: Uno maduro y otro pudriendose.

    Mi pobre pais!

  11. notiven Says:

    Under the continuity principle and an unlimited rest permit, the president of the Assembly could have excused Chavez. from presenting his report. But they complicated things when Maduro brought the report under Chavez´ behalf, when Constitution says it has to be done pesonally.

    Regarding the decree in which Jaua is named Minister, it says it was executed in Caracas, when Chavez is in Cuba.

    What´s next ? a reprint of the Gazzette and write Cuba instead of Caracas?

    • Antonio Says:

      The signature is on top of the rubber stamp. These guys can’t even use photoshop (not available in Cuba’s PC shops?). Maybe the signature is also a rubber stamp.

  12. Gordo Says:

    I’ve read everything above. Everyone is frustrated! There is enough irony for lots of jokes, but there could be a big storm ahead! Are there any signs of the storm ahead yet?

  13. A. Shaw Says:

    One of the posts above, falsely bearing my name, is as phony as whoever wrote it. Obviously, the post can’t exceed the phoniness of its author.

    At least, the phony author hopes to substitute arrogance for argument with good cause.

    As for the humanist rule, the National Assembly and the supreme court will, if necessary, decide how 237 applies in the particular circumstances of this case and then the majority of the people of Venezuela will express their support or opposition to the decisions of executive, judicial, and legislative powers on this 237 case.

    Note, over 60% of the people approve AG Flores’ idea of a “reelected president” with administrative continuity applying to the president as well as to his senior subordinates, according a ICS poll. The same poll also found that over 60% also approve the ideas expressed by Dr. Morales and the constitutional chamber of the supreme court’s about 231 and medical leave for the president. We’ll soon see what other pollls find.

    As for the scope of support for the government positions on 231 and perhaps also on 237, it is not just the case that the government’s position corresponds to the constitution, enjoys approval by the highest government institutions, relies on the support of the mass of the Venezuelan people, it should not be overlooked that at a Jan. 10 rally in Caracas, representatives of 22 of the 35 governments in Latin America and the Caribbean expressed their solidarity with the Venezuelan State and people in regard to the raging constitutional crisis. The region sees the opposition’s arguments as screwball. The region is right.

    As for the oppos’ view that Chavez will never return from Cuba, the prophetic powers of the opposition are not highly regarded. Remember their sorry prophecies about Oct. 7 and Dec. 16.

    In respect to form and content of 231 and 237, the State executes the will of a sovereign people — that is, a people with an exclusive right to exercise supreme power over themselves and their territory. There is no principle more constitutional or more democratic in either form or content than correspondence with the will of the people. The form in which sovereignty is expressed does not supersede the content of sovereignty. Of course, quislings of US imperialists believe otherwise.

    As for the signature, well or ill, when Chavez goes abroad, he executes documents electronically. Machines work in msyterious ways.

    As for the resemblance between the Venezuelan opposition and Hitler, paternity shines through.


    • You are no longer welcome here, using the word Hitler to refer to us is as bad an insult as you can do. Particularly, because the only Nazi-like behavior is that of Chavismo.

      And you continue to lie, because the Government EXPLICITLY said Chavez had signed the decree and then the decree contains two signatures with different ink, but which are identical. Electronic signatures are identical. On top of that, they placed the seals and the name in different places, not only criminal, but there was intent too..

      Again, you are no longer welcome here.

      • M Rubio Says:

        It’s your site but I say let him stay. We need opposing views both to try to understand how their “logic” is applied and for the comedy aspect as well..

        And whenever someone trots out the “nazi” or “Hitler” buzzwords, you know they’re losing the argument.


        • This guy insulted me the first time he posted. I take offense at a Chavista using the word Hitler, more so a PSF that has no clue what he is talking about. If his rights were violated the way mine have, for example, he would be outraged. He also pontificates and writes comments longer than my post, he should start his own blog, see if anyone reads it. Finally, he can justify anything the Chavista religion says and many times is not even aware of what is happening.

          • deananash Says:

            I’m with you Miguel. I know that you tolerate opposing views – because on rare occasions, I disagree with you with no negative feedback, just a respectful dialog. Your house, your rules. Let him start his own blog…see how long that lasts.

    • Mr. Imperialist Says:

      Oh, what a sad life you must lead with your comrades in Havana. Looking at the world through your single, out of focus, moldy lens. Funny thing: You’re probably supporting HC (Fidel’s Puppet) from the comfort of your flat in Toronto, or Montreal. What you lack in IQ, you certainly make up for in juevos. Your circular logic and parroting of Lenin/Trotsky won’t be missed here–but the “brave” Chavista point of view might. Adios!

    • M Rubio Says:

      A question Mr. Shaw.

      Is it your position that elections must be held in the event of Chavez’s death, as called for in the Constitution?

    • loroferoz Says:

      Godwin yourself all you like. We don’t have a Fuhrer in the opposition.

      You in chavismo and PSF’ry might believe you have elected (by unanimity no less) an Illuminated Leader, a Fuhrer, seeing how you bandy around the “will of the people” bullsh*t. Which is just that.

      We believe that a President of the Republic was elected. President is a public post occupied by a normal person, part of the institutions of the Republic (the Presidency and the Executive!), found in the Constitution and defined solely by the Constitution and derived laws. According to will of a majority of voters at the moment of election. So stick your “will of the people” up your fascist ***.

      The F***ing Constitution has to be followed, That means that if someone is NOT fit for whatever reason to discharge those duties of Presidents, he or she should be relieved of those duties until he or she can, or permanently. It is the duty of the TSJ and AN to inquire on whether there are reasons to doubt the ability of the President. They have failed at this.

      Not only the Presidency and the President have not furnished vital information about his health. He has vanished from sight.

    • wanley Says:

      Well, everything Hitler did was legal and constitutional, even the most barbaric things. He always had the german courts make it legal. So to whom do we compare Hitler to?

  14. Gonzalo Says:

    what is the difference between Nicolas and Carmona???

    • megaescualidus Says:

      Carmona never drove Metrobuses…

    • AlexM Says:

      I’m going to tell you but first this:

      Niccolo Machiavelli was the first theoretical politician in the modern era to examine the history and practices of the Romans in depth and that it’s detailed in his book The Discourses. Machiavelli focused on the clear, superior and consisting oratory of the Roman magistrates, found out that without it there can’t be pursuit of the law and therefore, governing not only becomes impossible, the government itself collapses. Machiavelli was also first in noticing explicitly the need of a bourgeois class or, at least, an EDUCATED middle class that could take forward the educational capital of the civilization, independent from rules and aristocracy, and sustain itself to judge the leaders with criticism and shame and to prevent the worst abuses of authority, being this the principal cause why leaders lose support and countries fall down in civil wars and revolutions.

      Not that I’m saying Carmona is a brilliant politician with superior oratory and a qualified political leader? Not at all but at least he has a formal education and actually, you can even sustain a decent conversation with him..

      Maduro? I’m being called for supper. Sorry!

      • m_astera Says:

        The modus operandi of the Marxists has always been the destruction of said middle class.

      • Gonzalo Says:

        perhaps I should have been more explicit. Nicolas and Carmona both took power on their own hands and started doing things outside the constitution. Nicolas is commanding more than arbitrary, indeed what caused Carmona’s golpe de estado. Why are we not outsting likewise Nicolas Maduro?


        • Because the only person that ousted Carmona and brought Chavez back was Baduel, who is now in jail. There were many groups jockeying for power in April 2011, Chavez did resign and had the Constitution been followed Chavez would be in jail for the killings he caused that day. Diosdado should have been President and elections held, just ilke the Constitution says. But once the Constitution was violated, Baduell had his chance to exercize his military power. The more Maduro violates the Constitution, the larger the probability that his days are counted.

  15. Gordo Says:

    I think there needs to be some clarification. Is Chavismo simply a group of ideological robots leading ignorant masses of poorly educated voters seeking to improve their lives? Or… is Chavismo conscious and deliberate and their followers consciously approving the reckless unlawful plunder of wealth for a share of the plunder?

    I keep thinking about Nazi Germany, when Hitler was popularly elected into power and kept in power during unprovoked war and the extermination camps.

    At some point, complaining serves no purpose.

  16. Les Dooley Says:

    We are going through the same thing. Obama is using our Constitution as toilet paper for the White House bathrooms.

    • Gordo Says:

      Obama is nothing like Hugo Chavez. He is not closing down tv channels, stacking the military and judiciary with puppets, putting opposition leaders in prison, spending public money without supervision or transparency, allowing murder in the streets to escalate, nationalizing private enterprise, obfuscating issues and lying to the public, patronizing foreign (Cuban) interests, and on and on and on….

  17. Mr. Imperialist Says:

    Please, enjoy this excellent bit of writing on Chavismo–and appreciate its balance, if possible:

    http://www.scribd.com/doc/121502115/Slumlord-What-has-Hugo-Chavez-wrought-in-Venezuela?secret_password=2ge6rjj21oxry5mzk2jf


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