Honduran Coup: Report Determines Constitutionality
Report Determines Coup Was Constitutional Despite Unconstitutional Aspects
September 28, 2009
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Dear Colleague,
The Library of Congress on September 24 released a report where it reached the conclusion that President Zelaya’s removal from office was constitutional while his removal from the country was not.
Correspondent Belén Fernández analyzes the report:
“The most prevalent argument in favor of the June 28 coup that ousted Honduran President Mel Zelaya is that Zelaya intended to accumulate more than the single presidential term currently permitted him by the Honduran Constitution. This argument fails to take into account the question that was to be posed in the nonbinding public opinion survey slated to take place on the day Zelaya was removed to Costa Rica, which was not ‘Do you want the president to remain in power forever?’ but rather ‘Are you in favor of installing a fourth ballot box at the general elections [in November] where the public can vote on whether or not a National Constituent Assembly should be convened to rewrite the Constitution?’
“…Contrary to what the title of the press release implies, the Library of Congress’ constitutional coup with unconstitutional aspects appears to be quite compatible with the State Department’s non-military coup with military aspects. Schock attempts to compensate for the unconstitutional bit by advocating Zelaya’s release from the Brazilian embassy into a life as an ordinary citizen of Honduras, who will only face trial if he starts inciting violence or advocating the overthrow of the government.”
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