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Honduran Coup Pits Democracy Against Rule of Law

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The first Central American military coup in 16 years leaves no winners, except perhaps Hugo Chávez. It also highlights the hidden tensions between democracy and rule of law...

On Sunday morning, the president of Honduras awoke before dawn to the sound of yelling guards and shots fired. Soldiers burst in, rousting him from his bed at gunpoint. He was then escorted out of his home, still in pajamas, and dropped off in Costa Rica via military transport plane.

It was a “kidnapping,” President Manuel Zelaya said. Tegucigalpa, the Honduran capital, saw power cuts, media blackouts and fighter jets screaming through the skies. The news wires called it Central America’s first military coup since the Cold War.

Western observers were not pleased. The United States, the European Union, and the Organization of American States (OAS) all condemned the uprising. The U.N. General Assembly called an emergency meeting to discuss what to do.

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Hugo Chávez, the fiery leftist president of Venezuela, was also outraged. “I have put the armed forces of Venezuela on alert,” Chávez said. If the Venezuelan ambassador were harmed or troops entered the Venezuelan embassy, Chávez theatrically fumed, it would be considered “a de facto state of war.” As of this writing, Chávez is adamant that Zelaya be reinstated. So, too, is the Castro regime in Cuba, the Correa administration in Ecuador, and others of like mind.

You don’t often see the likes of Chávez and Castro on the same side of an issue as the United States. At the same time, the Honduran Supreme Court and Congress – both which backed the military predawn raid – claim they are defending Honduran civil society, not subverting it.

So what’s going on?

View Map of Central America

Honduras, formerly known as Spanish Honduras, is a small Central American country of roughly 8 million people. The country’s primary exports, per The Wall Street Journal, are “bananas, shrimp, coffee, apparel and remittances from Hondurans in the U.S.”

Honduras is also well within range of the Chávez-Castro sphere of influence.

That is to say, Hugo Chávez fancies himself as the next Fidel Castro... and a growing number of Latin American leaders consider themselves chavistas, i.e., budding proteges of Hugo. Manuel Zelaya, the deposed Honduran president, is one of those who fell under the chavista spell.

The constitution of Honduras limits the president to a single four-year term. Having been elected in 2006, Zelaya’s term was set to end in 2010. So Zelaya, embracing the spirit of his buddy and role model, Chávez, decided to try and get the rules changed. Zelaya’s plan was to amend the Honduran constitution, no doubt with an eye for becoming leader for life... or at least for a very long time.

Zelaya wanted a referendum to gage popular support for his plan. The Honduran Supreme Court resisted this, citing the constitutional ban on such votes within six months of an election. When the military refused to distribute ballots (as was the custom), Zelaya sacked the army chief and pressed ahead anyway. He used ballots shipped from Venezuela and had them passed out by supporters in open defiance of the Supreme Court.

On the surface of things, calling in the military looks extreme. "If holding a poll provokes a coup, the abduction of the president and expulsion from his country, then what kind of democracy are we living in?" Zelaya asked.

It’s a fair question. But it’s also true that Zelaya’s motives and methods were thuggish from the start... that he directly defied both the Honduran Supreme Court and Honduran constitutional law... and that his military arrest and removal is defensible under these grounds.

The Serpent’s Egg

No one comes out looking good in this whole mess.

President Zelaya showed himself to be a power-hungry lawbreaker, escalating his strong-arm tactics as the end of his term (and the limit to his power) drew near. At the same time, the Honduran Supreme Court and Congress were technically within the bounds of written law... but removing a political leader at gunpoint seems a bit excessive in the eyes of the world. And the United States and European Union did themselves no favors siding with the likes of Chávez and Castro so readily. Is it really so cut and dry what should have happened here?

The only real winner in all this seems to be Hugo Chávez. If Zelaya is returned to his post, then Chávez can declare moral victory (and draw a supplicant Zelaya even deeper into his sphere of influence).

If Zelaya is not returned to power, however, then Chávez can rant and rave over this new travesty, and use Honduras as a rallying point to further consolidate Latin American support.

So why did the Honduran Supreme Court and Congress act so forcefully in deploying the military against Zelaya? Why didn’t they just try to stop the referendum from being carried out... or declare the vote count null and void... or take some other legal-themed course of action not so, well, melodramatic as a full-on coup?

A quote from Shakespeare’s Brutus in Act 2 of Julius Caesar comes to mind:

And therefore think him as a serpent's egg,
Which, hatch'd, would as his kind grow mischievous,
And kill him in the shell.

Long before the referendum showdown, tension had been building as Zelaya moved ever more aggressively leftward. Perhaps the Honduran courts and Congress saw Zelaya for what he was – a budding dictator – and sought to “kill him in the shell.”

Sadly, it might also be that Zelaya’s good-intentioned enemies feared the will of the populace.

After all, what if the constitutionally outlawed poll had given overwhelming support to the President’s bid for another term? What if the people’s voice had rung out, under illegal circumstance or no... and that voice had said “Zelaya forever?”

This possibility was not a trivial one. A keen sense of support (likely brought about, Chávez style, via populist rhetoric and economic bribes) is why the president wanted to hold the illegal referendum in the first place. After the coup, Zelaya also received moral support in the form of some 2,000 angry protesters burning tires in front of the presidential palace.

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The Ugly Truth About Democracy

And so we come to the ugly truth about democracy. In the West we practically worship democracy, and the idea of democracy itself, as the highest of political ideals.

But democracy is not an unalloyed good. In fact, democracy can be downright dangerous – especially to the rule of law. With the will of the people behind him, a sufficiently charismatic leader can willfully trample the rule of law right into the dirt... and he can do so with loud cheers from his fervent supporters.

Perhaps this is why H.L. Mencken once said, “Democracy is the theory that the common people know what they want – and deserve to get it good and hard.”

The foreign affairs bigwigs of the United States and Europe also appear to know just what they want – a Latin America that gives every appearance of stability on the surface, regardless of what brews underneath. Hence their desire to see a Chávez protégé immediately returned to his perch, with no thought as to the stability of Honduran institutions or the longer-term dangers of undermining the rule of law.

But then, it’s not as if the U.S. (or Europe) can really take a principled stand for rule of law these days anyway, given all that’s happened since the financial crisis began...

Other Related Topics: Democracy , Honduras Investments , Justice Litle , Macro Trader , Military

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Comments (10)Add Comment
Difficult Democracy
written by Joachim Mueller, July 04, 2009
Very good!

The article points out how democracy can be abused. Not mentioned, though probably thought of, was Hitler as one of the worst. As a German, I know well about both sides of democracy. As a political person I fear more a power hungry person than applying common sense to the theory of democracy.

I believe the Honduran authorities did the right thing in perhaps the wrong style. The question is: Where will they go from here?

The theory of democracy builds on the wrong belief that the common man knows what he is doing. But looking at the abuses of power in most of the democracies and the way these democracies are run by money interests I have my doubt that the current style of democracy is so great. May be the benevolent dictatorship of Singapore is better. I definitely resent the so called democracies of Russi, Cuba, and Venezuela or Iran. May be the governments see themselves to much as the economic sales people for their countries.
Long time high school and college teacher
written by Dan McDevitt, July 04, 2009
Enjoy your commentary very much, but.....believe you missed a critical point here. "Democracy" (certainly in this country) is not a POLITICAL SYSTEM but, rather, a philosopy that embraces the right of all citizens to be heard. WE, FOR INSTANCE, ARE A REPUBLIC (which, incidentally, I never fail to remind students of as they recite the Pledge of Allegiance every school day)....and NOT A DEMOCRACY. A "democratic republic" might work as a description. But any "democracy" including Honduras, Venezuela, et.al., must then decide on just HOW citizens are to be repreented.
democracy - the wrong word
written by Jim Schultz, July 04, 2009
On the events in Honduras as they relate to our fourth of July celebration, we need to be careful of using the word democracy as a description of both countries political forms. Democracy is really a populist type of government. A republic, on the other hand can be quite autocratic. As a result, on this day centuries ago, we had freed ourselves from one form of government and set out to create the greatest experiment in self rule that lasted for over two centuries. We were a balanced democratically elected republic, with senators selected by member state legislatures, and congressmen selected by popular vote. Many articles of our constitution and clauses of those articles were developed around that balance. However, with the 17th amendment on May 13, 1912, senators were directly elected by the people, which moved our country closer to a democracy and farther away from a republic. (and a necessary corollary to the 16th amendment allowing an income tax) No changes were made to the other articles or clauses that were dependent on senators being elected by the state legislators, and thus our constitution was set on the road to a democracy.

A democracy is where majority rules, and as we have seen over the last few decades, there has been a significant development of political psy-ops in manipulating the mass vote through events, massive united "free press" "reporting", and restrictions on freedom in the name of security. We may not be as overt as Honduras, but we surely cannot hold ourselves up as the "shining light on the hill" as we ought. Democracies will always vote to enhance their partaking in the political spoils, thereby dividing the nation into those that have and those that want to take what others have. This is perhaps the most descriptive understanding of our existing dichotomy of the two major political parties. A more subtle understanding is that both parties, in order to maintain control of the privileges of political dominance, will buy votes through the distribution of the minimum amount of plunder necessary and the maximum amount of deceit to maintain popular tranquility and support for their reelection. Our move from industrial strength to consumptive self indulgence has been a political engineering feat accomplishment by both parties.

As we have moved away from a creative, productive nation to one of consumption, we have learned to depend on lowest price purchases and highest inflation of our housing assets as a resource to further consume. And when we no longer can consume, the financial COUP brings down the strength of the people who form our democratic republic. Our investments, our assets, and our jobs are wiped out overnight, and the banking regime moves on to other countries where consumption is on the rise. Brazil, Russia, India, and China (BRIC) nations will now be lured into the false hopes of consumption, creating a middle class of dedicated worker-bees to achieve the good life, and supply the international banking/investment houses a new source of revenue.

The advantage of a republic is that leadership of selected known statesmen has a greater opportunity of facing the many subtle challenges of a nation than popularly elected representatives and senators who have unlimited term opportunities, and spend most of their elected life working on getting reelected. Representing the survival, hopes, and efforts of a nation of citizens free of the controls of the powerful self interested cabals operating on an international level of moral and ethical corruption is not only a full time job of our government, but more so, a life long commitment of a vigilant, alert, sacrificing populace that is properly educated on the basic law of our sovereign nation - our constitution. If every citizen were educated on the constitution, they would fall in love with the ideals it upholds, and never let the corruption to our way of life we are experiencing.

On this 4th of July, let us all learn and love what our founding fathers committed themselves to in our declaration of independence:
"And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor." They signed, and many suffered with their lives and fortunes, but few gave up their sacred Honor.
Honduran Coup
written by Jack Dixon, July 04, 2009
The founding fathers abhorred democracy as a certain path to tyranny. Democracy is the idea that two wolves and a lamb should vote on the dinner menu. Instead, they founded a constitutionally limited republic so that we would have a rule of laws rather than of men, who are so easily corrupted by power. Today, by listening to the political class who crave power, we have become essentially a democracy, with all of its problems the worst of which is special considerations for the politically connected. Going strictly by the Constitution, 85% of the government would not exist, justices could not legislate, and Congress could not pass laws for which it has no authority. Instead, we have in vogue the idea of a "living constitution", which really means the law is whatever the ruling class says it is. The IRS, for example, violates due process, ignores the Fifth Amendment, and creates law without benefit of the legislature; politicians need the money to buy votes. So who then is to enforce the Constitution?
For Honduras, the answer is the military, which is exactly what they are doing. Calling it a coup is to buy the leftist propaganda line who want to see government power grow beyond limitations established by the people.
Please do not be so naive.
freedom loving citizen
written by tom toedtman, July 04, 2009
I would like to sincerely thank Justice, and Tiapan for their critique, and those that commented so eloquently on this subject.
I think the argument in favor of the rule of law should be the centerpiece of the new president's request that everyone back off, and include some formal trial of Zelaya
for blatant disregard for the law of the land. I would bet this entertainment would keep the other "democracies" at bay, although I respect the motives mentioned for other leaders
to continue to condemn the coup. It offers the possibility of a stalemate as the outcome is allowed even though the condemnation of the use of the military persists, and quite probably the pain others are so quick to inflict on this little nation.
I chose to comment due to the notion that if our gov. officials are acting outside of the law, which I truly believe is the case, perhaps the remedy lies in enforcing The Laws written in our Constitution.
For a guided tour of who is behind all the catastrophic Financial bubbles we have experienced and the paths they are headed in, read this article published in the Rolling Stone before it is gone:
http://www.scribd.com/doc/16752803/The-Great-American-Bubble-Machine
I think it is our collective lack of knowing what to believe that keeps us from deciding to act.
...
written by Colin Walker, July 05, 2009
I read the above comments with increasing agreement and listen to my American friends voicing similar opinions and yet the situation still persists! Who's going to take the bull by the horns and stop the rot? There are more and more organizations springing up voicing loud opinions on what needs to be done but I do not see what effect they have. The country is too corupt to be changed by drum bangers. "Sticks and stones may break my bones but words will never hert me" is an old English chant and "Actions speak louder than words. Time for you guys to clean house and put America back where it belongs as the worlds greatest nation.
Call a spade a spade, a coup is a coup ....
written by TraderX, July 05, 2009
Every military coup has touted defence of their contstitution as justification. Zelaya didn't hold people at gun-point to vote, he actually went through the oldest 'democratic' tool in the book, vote of the people. Why couldn't the opposition go to the people in a similar fashion? As much as I dislike the 'Chavistas', I'm calling a spade a spade, a military coup is not the right way. Take the case to the people and make your argument. If they want Zelaya, then that's their choice whether we like it or not. Military coups are more of a danger to established institutions and rule of law than any populist tactics by a civilian administration.
Obama support
written by Frashep, July 05, 2009
I was amused by Obama saying the president had to be reinstated. He is proposing to put a stop to the two terms and out rule in the US.
...
written by Glen Rust, July 06, 2009
It is great how a small country like Honduras was able to utilize their country's constitution in ousting a once democratic elected President that was turning Socialist and who some on the inside say was backed and bought by Hugo Chavez. I know that it will take some time for all of this to come out but what happened in Honduras was nothing more than a sitting President trying to subvert the rule of law that existed in their Country's Constitution. The only thing that has not happened yet and may eventually is that he will probably wind up losing his citizenship for what he tried to perpetrate on the country of Honduras. What took place was legal under the Honduras Constitution. It is no wonder that President Obama did not back the rule of law that took out President Zelaya when he would like to see term limits extended here in the U.S.. The Honduran Military acted on orders of the Supreme Court in order to enforce the rule of law allowed for in their Constitution. I don't see this as a coup as many have suggested. The U.S. Administration has now even backed off calling it a Coup once they educated themselves on the Honduran Constitution. I agree with the comment made earlier that as Americans it is time for us to clean house and vote out the people that strive to weaken our Constitution. We don't have the same rule of law that Honduras has but we certainly can voice our dissatisfaction at the polls. When it comes to blame for what has and is happening here there is plenty to go around, regardless of what party you support. The striking similarities in what happened in Honduras and in the U.S. is that the their administration concentrated on giving money away to the poor in order to gain their confidence and vote and then tried to turn around and use this voting power to change the Constitution in order to remain in power. In the case of Honduras it was then President Zelaya's attempt to try and hold an illegal referendum to change the Constitution and do away with term limits. When Zelaya could not get support from the Honduran Congress he went to Hugo Chavez who printed the ballots and sent them to Honduras for his cause. If the American people don't wake up to what is happening before our eyes with the types of Supreme Court Justices that Obama wants then we will wind up with changes to the very Document that protects us all which is the U.S. Constitution. Read the following from the Wall Street Journal, as it is very telling. It is clear that if someone remains in office long enough that they can slowly create a majority in the Supreme Court and get the support they need to do what ever they want.
The Wall Street Journal wraps it up in a ribbon for what Obama wants in a judge:

...Speaking in July 2007 at a conference of Planned Parenthood, he said: "[W]e need somebody who's got the heart, the empathy, to recognize what it's like to be a young teenage mom. The empathy to understand what it's like to be poor, or African-American, or gay, or disabled, or old. And that's the criteria by which I'm going to be selecting my judges."


...He also noted that the Court "didn't break free from the essential constraints that were placed by the Founding Fathers in the Constitution, at least as it has been interpreted." That is to say, he noted that the U.S. Constitution as written is only a guarantee of negative liberties from government -- and not an entitlement to a right to welfare or economic justice.

Every new federal judge has been required by federal law to take an oath of office in which he swears that he will "administer justice without respect to persons, and do equal right to the poor and to the rich." Mr. Obama's emphasis on empathy in essence requires the appointment of judges committed in advance to violating this oath. To the traditional view of justice as a blindfolded person weighing legal claims fairly on a scale, he wants to tear the blindfold off, so the judge can rule for the party he empathizes with most.


...Nothing less than the very idea of liberty and the rule of law are at stake in this election. We should not let Mr. Obama replace justice with empathy in our nation's courtrooms.
Now look at the first Justice he has placed into nomination. Do you see a pattern? Wake up America!
In closing everyone that has not seen the following video should do so as it is a call to action for all Americans. http://www.youtube.com/watch?v=jeYscnFpEyA



citizen
written by Karl Greenman, July 14, 2009
It's not Chavez and Castro agreeing with US leaders, it's our central govt. leaders agreeing with the likes of Chavez and Castro! We live in a time where right is called wrong and wrong is call right, and it has permeated our country.

It is not a military coup it is justifiable force. Zelaya broke the law and defied to be stopped. Hitler was popular in his nation and it took the combined Allied forces to bring him and and the Axis powers to a stop!

This is our own constitution on trial, a time when men want to do what is right in their own minds. AS for the few thousand edited supporters of Zelaya, it kind of reminds me of Humphrey Bogart's Casablanca "round up the usual suspects!
Karl

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