Honduras removed its would-be dictator, President Mel Zelaya, for violating his country’s constitution by seeking to extend his term in office, and replaced him with a leading Congressman. Zelaya’s removal was authorized by Articles 239 and 272 of the Honduran Constitution, and ordered by his country’s Supreme Court, after he used coercion and aid from Venezuela’s dictator to push an illegal referendum. But Obama has joined Cuban dictator Castro and Venezuelan dictator Chavez in demanding that Zelaya be reinstated.
Originally, Obama’s justification for this demand was his erroneous claim that Zelaya’s removal was “illegal.” But when Honduras’s new president, a veteran legislator, pointed to stacks of court rulings that Zelaya had violated, the fact that the Honduran Congress had voted 123-to-5 to replace Zelaya, and that the military had legally executed a warrant for Zelaya’s arrest, Obama changed his tune.
Now, Obama claims that Zelaya must be put back in power because of the “universal principle that people should choose their own leaders”. Never mind that even publications that criticized the manner of Zelaya’s removal, like the Economist, have candidly admitted that Zelaya was unpopular with Hondurans, who overwhelmingly back the removal of their president — and that Zelaya was a bullying crook with approval ratings below 30 percent who repeatedly violated his country's laws. In the Washington Post, the Wall Street Journal, and other papers, Hondurans have overwhelmingly supported his removal.
Apparently, Obama is determined to saddle Hondurans with Zelaya whether they want him or not, just because they once elected him. (Even though he radically changed his policy positions after being elected). Under Obama’s reasoning, Richard Nixon, who was twice elected president, shouldn’t have been forced to resign over Watergate, because that violated the American people’s “universal” right to choose their ruler.
What Obama really means is that presidents, once elected, have a universal right to rule their subjects, and to flout the constitution, as Zelaya did, without being subject to removal. This sounds disturbingly like the “divine right” to rule (without following the law) claimed by medieval kings. (It's certainly not what Obama and I were taught at Harvard Law School.)
But the entire purpose of constitutional checks and balances, and the constitutional impeachment process, is that even elected presidents can lose their right to rule if they violate their country’s constitution or laws. In our constitution’s impeachment process, the Congress removes the president from office for wrongdoing, even if he was elected by a landslide. In Honduras, the Congress voted by 123-to-5 to replace Zelaya, including the vast majority of Zelaya’s own political party.
Honduras did not use a formal impeachment process because its constitution does not have a well-developed impeachment mechanism, says Latin American scholar Juan Carlos Hidalgo at the Cato Institute. But its unwieldy constitution does have other, less elegant means of removing abusive presidents: Article 239 bans presidents from continuing to hold office if they seek to extend their tenure, or merely propose an end to presidential term-limits. And Article 272 gives the military the power to enforce those term-limit provisions. (The military’s law enforcement role is not unique to Honduras: in the U.S., federal troops were used to enforce a court order desegregating the schools in Little Rock in 1957, when the court’s order was thwarted by the Arkansas Governor. When confronted with powerful executives with armed followers who refuse to comply with the law, the courts cannot rely simply on a handful of U.S. marshalls, but rather must look to federal troops or the national guard).
Journalists who romanticize foreign dictators have faulted Honduras for removing Zelaya and kicking him out of the country in his pajamas. But getting rid of tyrants is a messy and difficult process. You can’t get rid of a tyrant by asking him nicely to leave office.
Honduras was far gentler to its menacing ex-president than the U.S. was in the past to people who threatened its democracy or constitutional order. In the Civil War, the U.S. government jailed without trial thousands of suspected confederate sympathizers, some of them innocent, as William Safire has noted, and many of them died in jail. After the Civil War, Tennessee’s Governor “Bloody Bill” Brownlow had to hold racist legislators at gun-point to make them ratify the 14th Amendment — something that was far less legal than what happened in Honduras.
Comments
I am from Honduras, and I just want to thank you so much for this article, I leave in USA, but all my family leaves in Honduras, most of the world don't really know what is happening in Honduras, I don't want to think that my country will end up like cuba or the other countries the chavez an fidel rule, for them this is not about freedom is about power and spread their cance to all latin america. I am very sad that Obama is supporting Zelaya, I am afraid to be honest of wht he will do next, many latins will not vote for Obama for his second period, LOL and I just became a Citizen and i was thinking of voting for him.
Thank you very much for your insight into the situation in Honduras. I am an ex pat living in Western Honduras for almost 15 years. I am eyewitness to the fact that an estimated 85% of ALL hondurans want this Chavez wannabe gone. Honduran people love their constitution and their freedom under it. I wish that the americans in the US could have this same respect for their constitution (that is the model for all democracies!). In 1988, when the USA illegally kidnapped Ramon Mata Ballesteros from the country to face drug trafficing and other charges in the US, there was a huge protest at the US embassy, not because the people supported the criminal, it was because the USA had violated their...CONSTITUTION!Interesting that the hondurans delivered Zelaya, peacefully and unharmed, to the Nobel Peace Prize winner in Costa Rica. Was this forethought? Interesting that the entire OAS/ALBA/SICA/USA/EU group slapped honduras. Maybe TRUE democracy scares these folks and strikes too close. Charlie
Thank you for your article! I must add that much more research needs to be done about the truths that are not said or written about our past 3.5 yrs with this man Zelaya in charge!! For instance, the so-called removal in his pijamas. This was a theatrical move on Zelaya because he was well prepared with the government (people's taxes) credit card to spend 80 thousand on clothing during the following days until it was cancelled on him. Did he have the card in his slippers or bottoms? President Arias offered him clothing upon arrival, but he refused. Typical of his on-going farce. These are (minor?) details that in the end become BIG moral issues among writers who as you say "romanticize" on the supposed happenings.
Lets promote research and serious writing about facts and acts of Zelaya: immoral, disrespectful, offensive, cynical,ILLEGAL and unpatriotic during his mandate. I bet there wont be any romance in any of that, but rather disgust.
I think this is not a pure Honduras political crissis, this could be BIG for western hemisfere. US is trying to avoid a face to face conflict against Chavez/Castros/Ortega/Correa/Morales and others unified using Honduras as a provocation. My country would be the last stop between ALBA against Capitalism and most american do not understand it.
I am proud to be a honduran, a poor, small country with 8 million people fighting for Democracy and Freedom.
I strongly believe the Truth will prevail and will resonate around the world.
I just want to say THANK YOU VERY MUCH.......!!! Well done!
Thank you for your article! I wish Obama and the rest of the world could read it!
Do you mind sending it to the cnn folks? so they can get what TRULY is happening in Honduras. Well done, congratulations. As an Honduras citizen i would say, no to chavez tirany. Whatch out people! beware!
Thank you for help us explain the truth!!! God bless your brilliant mind.
You are among the few that see through the farse! Bravo for saying the truth.
I thank you Hans Bader for your insights on the current political situation here in Honduras. The world over has shut their eyes on the issue condenming the transitional government without knowing the true facts before hand, based solely upon the way Zelaya was overthrown. Perhaps they are too afraid of what might happen down the road in their own governments should they act the same way.
The truth is, I think we here in Honduras, despite being a small developing nation with a baby constitution in terms of time, just teached the truly democratic nations of the world a lesson in democracy. THE FACT IS NO ONE IS OR SHOULD BE ABOVE THE LAW. Even the elected president has to abide by the laws and the constitution. Being a democratically elected president does not give him or her license to delinquency. While the world passed judment on us, we are certain that we did the right thing, not only by choice, but by law. The last thing we want or need, is another Chavez in the region.
You really know what you are talking about. I hope President Obama changes his way of thinking and understands what honduran did was the best thing to do in order to preserve democracy. thank You very much!!!!!!
You are one of the few ethical examiners who is not afraid to speak the truth. Thank you for being a voice to us Hondurans who had been victims of Zelaya for the past three years. Hopefully your words are an inspiration not ontly to us Honduras but also to other countries currently victims of communist dictators whose voice is silenced with the power of money paid to the media.
Thank you for writing the truth. Zelaya should have been an actor, not a President! In spite of his poor education and lack of good speech, he DID look like a martyr when he showed himself to the world in his pijamas (although he DID have the presence of mind to take with him the President's credit card and run a $60,000 bill in a few days, taken out of Honduran tax payers' money!) Didn't anybody in Costa Rica have the good heart to lend him a shirt? Seriously now, we are very happy and relieved to have Zelaya out of the presidency. May God help us to have the world recognize the legality of our new government's actions, avoiding bloodshed. Under no circumstance should Zelaya come back as President. He violated our Constitution and laws, and left our country in shambles in three and a half years. Do we want him for another six months or forever? NO WAY!!!
Most of what I would like to say has already been said in the other comments and in your article. I guess writting the same things would be repeating what everybody knows we all Honduras feel and believe in.
What I do want to say is THANK YOU. Maybe articles like this will help the international community open its eyes.
Hans Bader, Excelent article, inspired by nothing more than the TRUTH, Thanks
If you really want to add some value to this topic, how about giving us a link to the current Honduran constitution so that we can read it for ourselves. Of course, posting the Honduran court's decisions would also be a boon.
PLEASE HELP HONDURAS
Hello its the reason for this small note excellence is to express my respect. Thank you for trying to help my country Honduras at the moment so critical of my country history my note more than nothing is to ask for consideration by thoroughly investigated the truth of what is happening. Are Hondurans people peaceful but since children learn to love each centimeter of our land is therefore that what step in Honduras more than a week ago was not a coup if no more well a defence of democracy and peace of our Mr Zelaya in recent years Honduras raced several scandals Hondurans decided overlook because we saw not threatened but when the whole our Constitution was there when brought can that you have taken from the country has not been a better solution and before the world that condemns us but was the way to avoid blood at stake Hondurans are Christian and God-fearing please to think only one thing if Mr. Zelaya love really our land and its inhabitants not try to invade
Good Bless....And Thanks
I have never been prouder of being a Honduran. Our small, poor nation has given the world a true lesson on democracy and on standing up to a corrupt, drug trafficking, dictator wanna be president. BRAVO TO US
Thanks for drawing the parallel to (former U.S. president)Richard Nixon, which I have not so far seen in any other forum. What Obama and the rest seem to be saying is that, once a president is "democratically elected" he must be allowed to complete his term no matter WHAT crimes he commits up to and including attempting to overturn the country's constitution. (I believe there are currently 19 criminal charges pending in Honduras against Sr. Zelaya) If this is the case, the U.S. owes Nixon an apology.
(I am a U. S. citizen who has lived in and loved Honduras for 12 years)
As quoted by prominent lawyer Mr. Octavio Sanchez.
"I am extremely proud of my compatriots. Finally, we have decided to stand up and become a country of laws, not men. From now on, here, no one will be above the law."
I echo those sentiments absolutely. Very proud of Honduras and its people
The manner in which Zelaya was removed from office concerns us all in Latin America. Regardless of how one views his administration(I personally did not care for Mel) the militaristic removal of the President of Honduras is disturbing. Considering his approval rating, or lack there of, and the strong opposition of his referendum... why didn´t those who oppose him let the referendum play itself out? What do they fear? The numbers show that the referendum would have been shot down. What concerns me and should concern everyone is the effect this polarizing situation will have and does have on the poor in Honduras. This move by the ¨new administration¨ has set Honduras back at least 25 years. True democracy allows the voice of the people determine it´s future....
Thanks to Honduras!! We should all be proud of the people of Honduras!!!
That is Democracy, when the three powers act independently!!
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