Posted on 07/10/2009 11:19:07 AM PDT by neverdem
Under the country's Constitution, the ouster of President Manuel Zelaya was legal.
Honduras, the tiny Central American nation, had a change of leaders on June 28. The country's military arrested President Manuel Zelaya -- in his pajamas, he says -- and put him on a plane bound for Costa Rica. A new president, Roberto Micheletti, was appointed. Led by Cuba and Venezuela (Sudan and North Korea were not immediately available), the international community swiftly condemned this "coup."
Something clearly has gone awry with the rule of law in Honduras -- but it is not necessarily what you think. Begin with Zelaya's arrest. The Supreme Court of Honduras, as it turns out, had ordered the military to arrest Zelaya two days earlier. A second order (issued on the same day) authorized the military to enter Zelaya's home to execute the arrest. These orders were issued at the urgent request of the country's attorney general. All the relevant legal documents can be accessed (in Spanish) on the Supreme Court's website. They make for interesting reading.
What you'll learn is that the Honduran Constitution may be amended in any way except three. No amendment can ever change (1) the country's borders, (2) the rules that limit a president to a single four-year term and (3) the requirement that presidential administrations must "succeed one another" in a "republican form of government."
In addition, Article 239 specifically states that any president who so much as proposes the permissibility of reelection "shall cease forthwith" in his duties, and Article 4 provides that any "infraction" of the succession rules constitutes treason. The rules are so tight because these are terribly serious issues for Honduras, which lived under decades of military rule.
As detailed in the attorney general's complaint, Zelaya is the type of leader who could cause...
(Excerpt) Read more at latimes.com ...
bump for later reference
In addition, Article 239 specifically states that any president who so much as proposes the permissibility of reelection "shall cease forthwith" in his duties, and Article 4 provides that any "infraction" of the succession rules constitutes treason. The rules are so tight because these are terribly serious issues for Honduras, which lived under decades of military rule.
Seems Obama has violated our constitution in many ways as well. How come there is no coup here? Granted, it would have to be a massive coup, since many more than just Obama are guilty of treason, selling out the nations sovereignty and control to a foreign power, violating the constitutions requirements in regards to proof of eligibility to hold the office of the President, ignoring the 5th amendment, plus a long list of other violations.
Where is our military leadership who are supposed to be protecting this nation and it's constitution?
My friend called her friends in Honduras. They truly celebrate Zelaya being gone, but said that Micheletti is no better. (Sorry about the names, I am in right-brained guessing mode, do not have the article in front of me).
thanks neverdem.
Letter to Clinton on Honduras ( 17 US Senators sign letter )
demint.senate.gov | July 10, 2009
Posted on 07/10/2009 11:16:18 AM PDT by Perchant
http://www.freerepublic.com/focus/news/2289839/posts
Obama faces ‘very aggressive’ foreign demands: Clinton
[a US president who responds to their needs]
Brietbart
Posted on 07/10/2009 11:46:16 AM PDT by Sub-Driver
http://www.freerepublic.com/focus/news/2289859/posts
Either Micheletti excels at gamesmenship or he is incredibly lucky.
Time is on his side. The next Presidential election is going to be held in less than 20 weeks. Less if they move them up.
By agreeing to talks with Arias as the Mediator Micheletti has ensured a protracted engagement. Arias has put his reputation on the line. The former Nobel Peace Prize Winner cannot let the talks collapse. As long as Micheletti stays at the table he wins.
Micheletti has frozen the game.
Manuel Zelaya becomes less and less likely to regain his office as each day passes.
The Presidential Campaign will start shortly and Zelaya cannot run again.
Checkmate.
I'll be glad to explain it to you, Miguel. He forfeited his citizenship the moment he proposed changing presidential term limits. Here is the relevant Article of the Honduran constitution.
ARTICLE 42 .- The quality of citizen is lost:
1. 1. Por prestar servicios en tiempo de guerra a enemigos de Honduras o de sus aliados; For service in wartime enemies of Honduras or its allies;
2. 2. Por prestar ayuda en contra del Estado de Honduras, a un extranjero oa un gobierno extranjero en cualquier reclamación diplomática o ante un tribunal internacional; For assistance with the State of Honduras, an alien or a foreign government in any diplomatic claim or before an international tribunal;
3. 3. Por desempeñar en el país, sin licencia del Congreso Nacional, empleo de nación extranjera, del ramo militar o de carácter político; To play in the country, without license from the National Congress, employment of foreign nation, or military branch of a political nature;
4. 4. Por coartar la libertad de sufragio, adulterar documentos electorales o emplear medios fraudulentos para burlar la voluntad popular; For the freedom to vote, electoral documents adulterate or use fraudulent means to circumvent the popular will;
5. 5. Por incitar, promover o apoyar el continuismo o la reelección del Presidente de la República; y, Incite, encourage or support the continuity or re-election of President of the Republic, and
6. 6. Por residir los hondureños naturalizados, por más de dos años consecutivos, en el extranjero sin previa autorización del Poder Ejecutivo. Naturalized Honduran resident for more than two consecutive years abroad without prior approval of the Executive.
En los casos a que se refieren los numerales 1) y 2), la declaración de la pérdida de la ciudadanía la hará el Congreso Nacional mediante expediente circunstanciado que se forme al efecto. In the cases referred to in paragraphs 1) and 2) the declaration of loss of citizenship will file the National Congress through circumstances that formed for the purpose. Para los casos de los numerales 3) y 6), dicha declaración la hará el Poder Ejecutivo mediante acuerdo gubernativo; y para los casos de los incisos 4) y 5) también por acuerdo gubernativo, previa sentencia condenatoria dictada por los tribunales competentes. For the cases of paragraphs 3) and 6) That the statement made by the Executive Government Agreement, and for the cases of subparagraphs 4) and 5) also by governmental agreement, after the sentence handed down by courts.
It is easier to read at the link.
Miguel was wrong on that point. Zelaya is no longer a citizen of Honduras. See post #8. I submitted a comment to the LA Times about Article 42, under the name TigersEye, with a URL to the translation of their constitution. We shall see if they publish it after reviewing my post.
Thanks for the link.
No problemo. ;-)
Interesting. Since the translation isn’t totally clean, which of the six points do you propose that Zelaya has done to lose his citizenship? Number 5?
5. Incite, encourage or support the continuity or re-election of President of the Republic,
oh and our conservative candidate will win.
Double checkmate and touchdown
Thank you for the info.
It is unbelievable that our president and sos do not have a clue.
0bama was helping Chavez orchestrate this attempted takeover by Zelaya.
The U.S. State Dept has basically announced that they are an organ of international communism.
Maybe you don’t know this but when Zelaya entered ALBA (yes Zelaya did but Honduras didn’t) he said that he wanted that in all the school teached what the word “socialism” meant. Also he wanted to teach the word “imperialism”. very sugesting isn’t it?
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