A primer on the Honduran Constitution

Matthew Hoy
By Matthew Hoy on July 2, 2009

Octavio Sanchez, a Honduran lawyer who has served as a presidential adviser and minister of culture for that Central American nation, gives Americans a primer on that nation's constitution -- one President Barack Obama would do well to read.

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 immediately cease 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."

Venezuela would've been well-served to have a similar provision in its constitution.

It's also apparent that what happened in Honduras was legal and proper. President Obama's demand that Manuel Zelaya be reinstated is not only illegal, it is morally wrong.

Obama's "meddling" in a true Latin American democracy, when compared to his cowardice in speaking out against the oppression of the Iranian people is disgusting. I think everyone knew that Obama would be a foreign policy novice, hence his selection of the head of the Senate Foreign Relations Committee to be his running mate. However, the fact that nearly a week later Obama still hasn't gotten on the right side of Honduran democracy is inexplicable and inexcusable.

The arrogance of the former law school lecturer that he knows the Honduran Constitution because he taught the U.S. Constitution is unbelievable.

Obama's gotten a lot of things wrong since he took office, from the non-stimulative "stimulus" to his reaction to the Iranian crackdown to his unsustainable budget deficits. However, his position on Honduras is the most infuriating -- because it's the easiest one to get right.

0 comments on “A primer on the Honduran Constitution”

  1. Who are you people? A public referendum on an additional presidential term for Zalaya was about to begin when him was arrested and sent out of the country. This democratic process was thwarted by a coup (yes,it's a coup, and you can call it anything else you’d like) but it just a coup, an illegal takeover of power, the Honduran Supreme Court notwithstanding.

  2. Apparently, after reading the Honduran Constitution, which for some "odd" reason seems to be extremely difficult for those who are Zelaya backers, the Honduran Supreme Court did something that many first world governments seem to be moving a way from: They followed their constitution to a tee! How refreshing! Britain has decided people who are subjectively deemed as propogators of hate can be made to leave or refused entry to England and the US gov't has issues with its 1st and 10th Amendments (to name only two as there are at least five others blatantly ignored).
    I think the Honduran gov't did a laudable and extremely selfless thing and should be commended. . . .

    Rick

    Belize

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