Eugenio Martínez has this bombshell scoop on his Twitter account tonight:

According to @puzkas – and he’s generally right on this stuff – the government-controlled National Elections Council has officially told the National Assembly that it retains the exclusive right to legislative initiative on laws relating to elections and referendums.

The claim comes in the context of the National Assembly’s move to approve a new law on how Recall Referendums can be called and carried out. The National Assembly’s bill wouldn’t supercede any preceeding law on the subject, since chavismo didn’t find 17 years in control of the legislative branch (1999-2016) to be quite long enough to ever get around to legislating on the matter.

 
Once you’ve established clearly that the constitution not actually saying a thing is no bar to you saying the constitution says a thing, the sky’s the limit.

Instead, any new law would replace a regulation CNE approved to make up for the legal vacuum – Resolution N° 070327-34, published in the Gaceta Electoral Nº 369, on April 13th, 2007. 

So CNE is claiming that the Assembly does not have the right to initiate the process of approving a new law to supercede the regulations CNE conjured out of thin air, alleging they had to do something because the Assembly had failed to legsislate on the matter. ¿Estamos claros?

This is – it’s almost superfluous to say – an entirely made-up new power CNE is attributing to itself. Nowhere in the Constitution’s Article 293 will you find any norm barring the National Assembly from taking the initiative to propose a bill on electoral matters.

But it doesn’t matter, because it’s the Supreme Tribunal’s Electoral Chamber that will rule who’s right on what the Constitution says or doesn’t say about this. And who are you going to believe when the time comes to deciding what the constitution says about this, Christian Zerpa, the Diosdadista former PSUV-assembly member who failed to win re-election in December and got appointed to the Supreme Tribunal’s Electoral Chamber, actually voting in favor of himself from the Assembly Floor, or your lyin’ eyes?

Once you’ve established clearly that the constitution not actually saying a thing is no bar to you saying the constitution says a thing, the sky’s the limit.

Look, it’s easy to get infuriated over this kind of plainly, transparently illegal shenanigan. But it’s also possible to overdo it. Moves like this are just the Nth reminder that you cannot force the chavista state to fold against its will. Barring a violent, disorderly regime collapse – which nobody can seriously want – you’re going to have to cut a deal with these guys, because they retain enough institutional power to block any move made without their consent.

It’s gross. But it’s like that.

22 COMMENTS

  1. Mmmm, they can block everything only for so long.

    You see, the more they force the status quo (they keep poweer and impunity), the more time people gets slaughtered, swindled, robbed, ripped off and etcetera, both oppos and chavista base.

    And, you see, chavismo is actually looking for either a “shut up or we’ll kill ya” threat, or to actually make on said promise and killing lots of people openly during protests, it comes to a point where people simply can’t take it anymore.

    chavista red cúpula does NOT want to negociate anything, they’re either too compromised (chapodado, pranes and all the bolikids), or too blinded by sheer hate (colectivos) to accept anything less than the current state of things, taking anything else as a mortal defeat, they’re risking just too much (the corrupt risk decades in a cell, the hateful risk having to answer for what they’ve done)

    • “…it comes to a point where people simply can’t take it anymore.”

      I habe been hearing this for so long now. In Puerto Cabello they used to water once every 15 days, now it’s every 21 days. For 17 years they have showed every red line you draw they will cross it and nothing will happen. So I wonder, what’s that point where people simply can’t take it anymore?

      • There will come a time when people won’t be able to actually find food, for days; they’ll be riddled with sarna because they won’t have bath soap for months; they will be drinking sewage water because the water won’t come after weeks and the bills will still get raised month after month; and they will have to keep watch, knife or machete in hand, on that hole that the squatters opened in one of their house walls trying to invade because a resentful idiot decided to introduce them into the neighborhood just to get more votes to be a speaker in the communal council.

        All after they’ve lost one or two relatives to an easily curable disease (most likely a little child) and all what they get in response to their pleas is the thundering laughter of any red fat fish.

        My point is, that people can STILL SURVIVE and latch to that absurd “chávez era bueno” fallacy only for a limited time; today there is not enough bread for the masses, only circus.

  2. I think the AN should call their bluff and tell them to properly fuck off. It’s about time we start throwing punches every once in a while. Being this bullied all the time starts to take a toll on your self esteem, and before we know it the, AN will become a bunch of pussies who wouldn’t know what to do with power if it hit hem over the head with a baseball bat. Oh wait….

    • There’s a huge amount of people feeling dissapointed at the “jarrón-chino-ness” of the current AN.

      And I can understand their frustration, yet I see how the first affront was the “unproclaiming” of the three Amazonas congressmen based on a flat, shameless lie screeched by jorge rodríguez. I could understand that “ok, maybe they can take that hit so they’ll think of it as a tradeoff to try to force some actual change in the regime”, but they didn’t count on the fact that chavismo basically transformed the TSJ into a parallel AN, because what they want is only to get “recognition for being so democratic”.

  3. are they at least handing us the forms to sign the petition for the recall referendum anytime soon? you know the system sucks because you have to beg to be allowed to exercise your rights.

  4. I bet the opposition will do NOTHING. They are busy daydreaming in the next governor’s election cicle. And wasting time un second hand bills instead of going for the YUGULAR (Nagel dixit)

    • “I bet the opposition will do NOTHING.”

      Isn’t obvious for you the AN can not do much?

      I’m afraid it won’t be a governor’s election either.

      • I foresee that there will be the creation of as many parallel governorships (aka “people protectorates”) as the amount of lost states for chavismo.

        That’s been the strategy chavismo’s been following lately to squeeze their way out of elections: If they lose an election, they make a parallel organism and devoid from all power and resources the actual one, the latest instance of this was the AN.

  5. From Wikipedia comes the definition of “tyranny.”

    “A tyrant (Greek τύραννος, tyrannos), in its modern English usage, is an absolute ruler unrestrained by law or constitution, or one who has usurped legitimate sovereignty. Often described as a cruel character, a tyrant defends his position by oppressive means, tending to control almost everything in the state.[1][2] The original Greek term, however, merely meant an authoritarian sovereign without reference to character,[3] bearing no pejorative connotation during the Archaic and early Classical periods. However, it was clearly a negative word to Plato, and on account of the decisive influence of philosophy on politics, its negative connotations only increased, continuing into the Hellenistic period.”

  6. Yeah, sure. I can picture how that deal you are dreaming about will go:

    MUD slick: Listen, guys, we need to work something out or the country will collapse. We are even willing to go soft on you like Germany did with 90% of the nazis after WWII and pretend nothing ever happened.

    PSUV tool: Yeah, sure. I love it. Let’s seal the deal right now. Please bend over and let me have my way with you. It doesn’t matter if you don’t like first, you’ll get use to it. Or so I heard from the other guys running other totalitarian regimes.

  7. Cutting a deal with them assumes they’re willing to cut a deal of any kind in the first place. Nothing in the past 17 years remotely suggests that.

    No, go for the jugular and neuter the TS’J’. Fly a plane filled with explosives into the court while it’s in session if you have to, but remove that abomination and then maybe, maybe, someone will negotiate.

    As it stands now, Naz…Chavizmo! won’t negotiate because it has nothing to gain and a lot to loose if it does.

  8. I would go ahead and pass the law anyway, let the Supreme Court declare it ” unconstitutional”. This can be used to introduce a judicial coup de etat with international organizations. These organizations won’t really do anything, but it’s a good idea to leave well documented what happened as Venezuela fell into a fully fledged dictatorship and became a true satellite of the Castrosphere.

  9. Cut a deal? The legislators should march to Lopez jail every…single…day. They should fire the entire TSJ. They should do something. Cutting a deal isn’t compromising, it’s surrender.

  10. Once again, the Regime is NOT going to negotiate a peaceful exit to their catastrophe–too much for the individuals involved to lose. A people’s uprising would be a solution, but I don’t see this yet, if ever (unless, maybe, Caracas suffers blackouts due to lack of electricity). The military, once all constitutional means are blocked/exhausted, might take charge, hopefully, to organize a true “civico-militar” transition. Or, there’s the 30 % (my estimate) chance, and growing, of a full Cuba II Venezuelan Regime, with the military bigwigs continuing to reap (rape?) their benefits, and with a docile Communist “Communal Legislature”. Oil, the previous savior of “democracy” in Venezuela, is not likely to save the country this time (See recent key Saudi Crown Prince’s plans/predictions for Saudi Arabia’s oil-based economy). The final tragedy for Venezuela is that the vast amount of its vast 80% poor are either unwilling to work, especially productively, or are ill-/unprepared to work, even if they were willing to do so….

  11. Their first (and probably worst) mistake was to accept the TSJ to unproclaim their 3 Amazonian legislators, they should have gone all or nothing when they had momentum (inmediately after winning the elections). They can’t do shit now, they are being bullied, blasted and reduced to a jarron chino and their hands are tied by their previous decisions.

    It seems that Amanda’s bet won, but her hipothesis might as well be wrong in the long run.

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