Photo: The Daily Beast retrieved.

The concept of a Constitution in the modern world isn’t univocal. Certainly, a Constitution is a judicial regulation; in fact, lawyers recognize it as the higher norm of each country’s legal order. But the Constitution is also a “social pact” on which society writes down certain principles and fundamental rules that it wants to set aside from political discussion: the Constitution is, thus, a sort of fundamental rule for the social game.

The process by which the National Constituent Assembly of 1999 was called and elected was criticized back then, because it was seen in violation of the 1961 Constitution. It meant that the recently elected President Chávez would unilaterally impose the rules of the game. The Constituyente had been Chávez’s main political offer for his 1998 candidacy.

The process for calling and electing the National Constituent Assembly in 2017 was also criticized as fraudulent and unconstitutional. In truth, the ANC of 2017 was the political response of Maduro’s government to the political crisis caused by the protests that year.

Since then, the ANC has been a political instrument to solve the regime’s problems. It removed Prosecutor General Luisa Ortega Díaz, who had become a liability, it has carried out actions to support Maduro and it has dictated laws to regulate the economy.

But up until a few weeks ago, the ANC hadn’t done anything particularly relevant for the process of writing a Constitution to replace the one established in 1999. Hermann Escarrá, head of the “Constitutional Committee,” has announced some progress about the new text’s content… and it’s chavista through and through.

The ANC has been a political instrument to solve the regime’s problems. It removed Prosecutor General Luisa Ortega Díaz, who had become a liability, it has carried out actions to support Maduro and it has dictated laws to regulate the economy.

For example, when talking about the crime of “Treason,” he says that “We seek to be more severe on this matter, especially when people request a military intervention and come to agreements with foreign military sectors that antagonize Venezuela.” Efecto Cocuyo reported on other topics being discussed, and some media outlets shared an alleged draft of the Constitution; it would be a mixture of the ‘99 Constitution, with aspects of the constitutional reform project rejected by the electorate in 2007, with seasoning from the Laws of People’s Power of 2010, which solve some of the government’s recent political problems, such as the capacity granted to the president to call for an ANC himself without consulting the people, precisely like Maduro unconstitutionally did last year. Escarrá himself denied that the document is official (so, it does exist), saying “It’s not official. It hasn’t reached the Presidential Committee.”

We know little about the writing process, beyond the fact that it’s composed by an instance called and elected in violation of the current Constitution and without informing society.

It might sound paradoxical or cynical, but Cuba is also writing a new Constitution. We know when the process started (August 13) and when it’s going to end (November 15), but it’s hard to predict what the content of the text will be. However, Cuban citizens, living in Cuba or abroad, are allowed to express their opinion, even if it’s going to be ignored. The Venezuelan regime isn’t even allowing us that.

We’re going towards a new Constitution, but the process is characterized by chavismo’s opacity and hegemony, in a socialism where the voice of the people is the voice of God… but only when it’s convenient.

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39 COMMENTS

  1. The Constitution is the end game, the final act in the creation of a one party dictatorship. You can pretty much assume that free speech will be heavily restricted but I wonder if the,Chavistas will enact constitutional measures re private business such that any business deemed acting against the “people” will be either subject to confiscation without compensation or simply closed.

    • It will mirror the Castroist Constitution, if not by the exact letter. Not only will speaking out be illegal (treason!) but all private property will now belong to the state. They are doubling down on stupid.

      El Pueblo asked for Marxism. This is it.

    • They don’t need a new constitution to take over a business.

      They just do it. I don’t know of any expropriated business that has been compensated for a takeover other than the large multinationals that have the resources and time to sue overseas. And wait for years.

      Local businesses? Nada…….

  2. Does the current Constitution provide for the otherwise not disqualified (felons, etc) certain God given rights? Not GOVERNMENT given rights… rights that you inherently have by virtue of exchanging oxygen for carbon dioxide?

    A. That is why your Chavista overlords are re-writing the Chavez Constitution. Because the normal, average Jose in Venezuela cannot take up arms to defeat despotism.

    B. The New Improved Chavista Constitution will permanently disqualify the normal average Jose in Venezuela from not only having arms, but from speaking out, assembling, being secure in their effects, due process, etc. All because of…

    C. You are barred from taking back (by force, if needed) what is yours by virtue of breathing.

    Oh, how the bed wetters love to whinge and whine about GUNS being evil. Now, the chickens have come home to roost… and the chickens are ripe for the plucking.

    • Article 350 didn’t allow for a coup to be done against the chavizta regime either, it was there only to justify the 4F and the other 3 coups against CAP and to justify a coup that would be done against a post-chavizta government.

      There’s absolutely NO EXIT AT ALL within ANYTHING that’s been made by chavizmo.

  3. Meanwhile in Bedrock, where Fred Flintsone kisses Wilma goodbye and pushes his car to work…

    PDVSA didn’t pay the $500 million (first of four payments due over two years) due to ConocoPhillips on Sept. 30. Looks like there’s a 30-day grace period which wasn’t reported before, so the REAL due date is Nov. 1st.

    Which means VZ still can’t touch those island terminals.

    But considering the Jose port is still damaged and repairs will be at least a month behind schedule, it’s a perfect match!

    And just wait until the new tanker requirements come into effect in a little over a year. (I think it’s 2020.)

  4. Hermann Escarrá. Like Tibisay, he’s on my cunt list. And it’s not easy to get on my cunt list. What a dispicable human being.

  5. “We’re going towards a new bogus Constitution, but the process is characterized by China-Castrismo’s opacity and hegemony, in a so-called ‘socialism’ where the voice of the uneducated, often complicit people is the voice of God (aka Comandante Eterno Hugo Chabestia)… but only when it’s convenient for massive theft and embezzlement to continue.”

    You see, ain’t that hard to be accurate and write the truth.

  6. The problem here, as always, is that a clueless populace can easily be manipulated. Who’s gonna bother to read, study and – (chavez-forbid) – criticize the next stupid “constitution”? The average pueblo-people can hardly count the zeros it costs to buy a dozen eggs. They can hardly read big headlines of chavistoide fake news on TV. The Cuban/Chinese text, full of fancy legal words (meant to confuse) and obscure legislative parlances, flies right over their perplexed, uneducated heads.

    Try buying a few of them little ‘ conjtitusion’ booklets and hand them over to “the people” in a cola for toilet paper’s latest arrival. They’d exchange a roll of toilet paper for 10 brand new “libritos de esos” after they fail to comprehend the title on the first page.

  7. “It will mirror the Castroist Constitution, if not by the exact letter.”

    Or maybe that’s what the latest $5 Billion from China is for: A funky Chino-Kleptozuelan ‘constitution’ that resembles a bill of sale of all natural resources until the Amazon river runs dry.

  8. I’m having this vision of a Cuban constitution drafted in Microsoft Word and a Venezuela technical writer does a “find and replace” the word with Cuba with Venezuela and voila! You have a new constitution. Not to worry – it will be put to the trash when you opposition grows some balls and takes advantage of the opportunity presented by the international community to organize a revolt.

    • Glenn, would what you said be true, BUT, growing balls, now stunted by starvation diets/emigration/jailing-torturing with electric current, is a long way off, although cratering oil production MAY help; final analysis, the final solution to cleanse the cancer will probably have to be employed, hopefully sooner than later….

  9. “The US Constitution contains 4,543 words, including the signatures and has four sheets, 28-3/4 inches by 23-5/8 inches each. It contains 7,591 words including the 27 amendments. The Constitution was ratified by specially elected conventions beginning in December 1787.”

    I imagine that even in today’s modern age, the US Constitution might be considered “wordy” and bordering on obfuscation. A properly educated English teacher (not government school) might be able to put together such a Constitution that enshrines the rights of the citizenry (and limits the Government) with about 3 pages (single spaced) without amendments.

    • I personally see no need for our 16, 17, 18/21, and 20 Amendments. I would modify about 3 more. Then Venezuela would be UTOPIA (insert evil laugh!).

      Actually, I’m not sure what Venezuelans might do with so much personal responsibility. It certainly isn’t for everyone. The Nordics and other northern Europeans certainly LOVE their omnipotent Governments

    • Obama considered himself to be a “Constitutional Scholar.” He complained that the US Constitution only stated what government was NOT ALLOWED to do. It didn’t say much about what government SHOULD BE REQUIRED to do.

      You know. All the freebies!

      • Lorenzo
        That was exactly the intent of our founders.
        When I was young I remember one of my teachers comparing the Soviet Constitution and ours.
        Many of the rights supposedly given to the people of the USSR were very similar to ours. My teacher then pointed out the major difference. The Soviet government granted rights to the people. The US Constitution’s powers were granted by the people to the government.
        Amendment X
        “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

        • You would be surprised at the number of mind numbed US government school educated automatons who believe that the US Constitution gives the government power, not restrains it.

  10. I noticed that AirTM is posting an exchange rate of 112.86 this afternoon. Wow! It opened at like 60 recently if memory serves. Can someone tell me if the 112.86 is a realistic number or is the real number even higher than that?

    • Tom, it was about 60 on 20 August when the official changeover to the new currency took place. In fact, IIRC, the government pegged it at 60. It’s been steadily eroding since. DolarToday is slightly over 100 right now. Most dollar sellers are asking in the 105 to 110 range, minimum, so 113 is reasonable.

      And speaking of, I had the great fortune to man the bodega while my woman was in Maturin overnight taking care of assorted business matters and searching for products today. And what fun it was.

      Client: How much does that disposable razor cost?

      MRubio: 35 bs

      Client: How much is that, 3,500, 35,000, 3,500,000?

      MRubio: 35 bs S

      Client: But in bolivares fuertes?

      MRubio: I don’t know, and I’m not going to calculate it. Bolivares fuertes no longer exist. Forget about bolivares fuertes. They’re history. Stop thinking about bolivares fuertes and trying to convert from bolivares soberano to bolivares fuertes. The price is 35 bs, do you want the razor or not? I’m growing old talking to you.

      Client: Yes.

      I’d like to know how many times I had a similar conversation. For some odd reason, these folks seem unable to make the jump. The new price makes their head spin. I quoted 10 bs for a cubito to one woman, who then asked a couple of more times how much it cost. She understood that I was saying 10, she just couldn’t wrap her brain around the value. She then handed me 3 bills of 50 bs each.

      • Hahahaha….sounds like you and your client had a “Who’s on first” routine going on in the store! Lol I bet you were awfully glad when the wife got back from Maturin!

        • I’m always glad when the woman returns. Always. I certainly eat better. LOL

          I’ve mentioned that we’ve got a pack of Miniature Pinchers here at the house. Aside from amusing their owner with their endless antics, they provide a valuable “vigilante” service around the clock. When I see the woman’s car pull up out front, I start singing “Halleluiah”. They now know the significance and go absolutely nuts when they hear me singing it.

          It’s quite the show.

          • Well at least they are probably pretty good company while she is gone! Even if they can’t cook worth a darn! Lol

  11. The process would be *SO* much better if there were complete transparency…showing el pueblo how the Cubans pull the strings. /sarc

  12. Written constitutions are useful but not the sacred foundation stone of a countrys life such as is enshrined in US minds, that has more to do with the protestant cult of the bible (Gods Sacred Word) than how the collective mind of the people that inhabit a country historically operates…., there are lots of general concepts that every one in a country viscerally believes in and then lots of snazzy stuff which is there just to feel good about how high minded we are as a people. The constitution is what is in the mind of the generality of people that feel bound together as a society , but it changes a lot with circumstances , much stuff is never understood at all and can be interpreted a hundred different ways (all equally logical) , there is procedural stuff to define how authorities are appointed and generally what their functions and powers are ……., lots of abstract stuff about the rights of the individuals. and much wishful imaginings about the kind of society we would like to be …!! I like the brits way of not having written constitutions but instead having a set of unrecorded principles which all viscerally and automatically know are right about what kind of society they want to be and how they want to be governed . The new constitution will be what we in Venezuela will be a ‘letter to the child jesus’ listing all the gifts we want the child jesus to give us on christmas , made to order to please the tyranical mind of the regime honchos with a lot candied sentiments about the beauty of life in socialism thrown in …!! I will have nothing to do with real life.

  13. I had took a break and this thing pops up during a search for my next week speech.

    Dudes, aren’t you tired of writing/commenting about the why’s and why not’s of Venezuela. The best thing you can all do is to silence it; ignore it. This country and his nationals are not going back to normal any time soon. Maybe in two centuries or more (it took 1000 years to recover from the Roman Empire collapse)

    Besides you look so outmoded sameness boring no news no ado about nothing.

    Coincidentally, we have been trying to help some of the Venezuelan “refugees” here in Texas. But unsurprisingly, they’d always find an excuse not to work. Or collect without working.

    So what can you expect from the AN or ANC? Candies and flowers?

    • Pepe, as for Caracas Chronicles in particular, while I sometimes scratch my head at certain topics the editors deem relevant, they’re providing a valuable service by immortalizing the misdeeds of this criminal regime, literally on a daily basis, as they happen. These stories will always be valuable for those researching this mess, perhaps even to the point of providing leads to those who hopefully one day will be investigating the crimes that have been committed by the chavista government.

      Additionally, some of us live here, and talking about what’s going on with others helps us maintain our sanity in an otherwise insane situation. As well, there are many on the outside looking in who can’t make sense of it all, which is perfectly understandable. Our discussions seem to be helpful to them as well. Heck, due to these discussions here, CC poster “John” has helped untold numbers of Venezuelans with his generosity of sending seeds, medical supplies, and numerous other much-needed items that can no longer be found here at any price to help those in need.

      Finally, US President Donald J. Trump (via collusion with Russia’s Vladimir Putin to steal the election from Hillary “Cankles” Clinton) could see by June of 2016, that his plan would work and that within a few months he’d become president. It was during this timeframe, using funds from Russia that he’d laundered through his massive, family criminal enterprise, he commissioned a number of US citizens, both on the inside, and outside, to post here in order to disrupt what had become a leftist circle-jerk on this site. All is going to plan, there are fewer leftists posting, and there’s hope for the future.

      In short, many of us post here because we’re paid to do so and therefore we’re not going anywhere.

      • You’re still the man, MRubio. Your ability to find some humor under the circumstances is a reminder to all of us to persevere when things get difficult. Impressive…
        ..

        • Humor?–He’s serious. Pay is good, in Petros, and with even a few left over for CC dues. Ira is NYC plugged-in, and recruited Poeta in Fla. MR recruited Guacharaca on a nudist beach in Margarita, and Marc when he went island-hopping in Morrocoy. Most Lefties have long been run off, except the Founder, and LPM (Pepe, Le Pure Merde).

      • You are so correct, MRubio! Everything on time and within budget! And the truly beautiful thing is, the lefties think we are all dumb-asses.

        • I gotta give credit to Ira (not his real name). He’s a long-time close personal friend and major donor to His Orangeness. Ira recruited me from over at the Devil’s Excrement. I was reluctant at first to come over here, and actually declined the offer originally, but when Ira sent me excerpts of some of the leftist ramblings of a Canadian windbag named canucklehead, my fate was sealed. I knew the Orange God had a mission for me and I could not possibly let him down.

          It’s been a very satisfying experience for me. The generous pay, healthcare coverage, and company car are icing on the cake. I literally have my cake, and I eat it too. So, for those of you wondering why I’m still here, now you know.

          • Lol…well I am going to suggest to the boss that you should get vacation airline tickets as well!

          • If I was going to use a pseudonym, it wouldn’t be something as horrible as Ira. That’s my real name.

            Similar to Canucklehead, like when he was yanked from his mother’s loins with forceps that obviously created brain damage, mom and dad decided that Knucklehead was the perfect name for him.

            They simply looked at his distorted head and low Apgar score and knew immediately.

            This kid is a knucklehead, but let’s just add a few letters in front anyway.

  14. I started reviewing the draft that is available and had to stop after 86 of 167 pages…
    Its just BS. A bunch of leftie, feel good terminology around a lump of good old shit.
    Who said was it that said:
    “Para mis amigos todo, para mis enemigos, la ley!”
    Benavides, Juarez?
    says it best.

  15. Speaking of our buddy canuckles, this should send him over the edge:

    The Trump administration on Wednesday pulled out of two international agreements after Iran and the Palestinians complained to the International Court of Justice about U.S. policies, the latest withdrawal by Washington from multilateral accords.

    Earlier on Wednesday the ICJ handed a victory to Tehran, ordering the United States to ensure that sanctions against Iran, due to be tightened next month, do not affect humanitarian aid or civil aviation safety.

    Tehran had argued that the U.S. sanctions imposed since May by the Trump administration violated the terms their 1955 Treaty of Amity. Washington responded by pulling out of the treaty, a little-known agreement that was signed long before Iran’s 1979 Islamic Revolution that turned the two countries into arch enemies.

    The ICJ, based in The Hague, in the Netherlands, is the United Nations’ venue for resolving disputes between nations.

    In the nearly two years since being elected, President Donald Trump has withdrawn the United States from a nuclear agreement between six powers and Iran, pulled out of a global climate accord, left the U.N. cultural agency, and threatened NATO military allies that the United States would “go its own way” if members did not spend more on defense.

    Bolton, citing what he called “Iran’s abuse of the ICJ,” said the United States would also withdraw from the “optional protocol” under the 1961 Vienna Convention of Diplomatic Relations.

    “We will commence a review of all international agreements that may still expose the United States to purported binding jurisdiction, dispute resolution in the International Court of Justice,” Bolton said on Wednesday. “The United States will not sit idly by as baseless politicized claims are brought against us.”

    https://www.reuters.com/article/us-usa-diplomacy-treaty/u-s-withdraws-from-international-accords-says-u-n-world-court-politicized-idUSKCN1MD2CP

    • Tehran had argued that the U.S. sanctions imposed since May by the Trump administration violated the terms of their 1955 Treaty of Amity.

      Take a look at the treaty, which includes in its title:Amity, Economic Relations, and Consular Rights. No friendship, minimal to no economic relations, and no diplomatic relations for nearly 40 years.

      Article I :There shall be firm and enduring peace and sincere friendship between the United States of America and Iran .

      Yeah, right. Occupying the US embassy with “students” is a strong indication of that “friendship.”

      Article IV:
      Each High Contracting Party shall at all times accord fair and equitable treatment to nationals and companies of the other High Contracting Party, and to their property and enterprises; shall refrain from applying unreasonable or discriminatory measures that would impair their legally acquired rights and interests; and shall assure that their lawful contractual rights are afforded effective means of enforcement, in conformity with the applicable laws.

      The Embassy occupation, the truck bomb in Lebanon, and various IEDs set off in Iraq to kill US soldiers would hardly constitute “fair and equitable treatment .”

    • And the US unemployment rate is under 4%, and the Magnificent Orange Bastard’s approval rating is climbing, currently at 50%, and it looks like the Lefties are going to get a Supreme Court Justice that hates their guts!

      Life is good!

  16. It might sound paradoxical or cynical, but Cuba is also writing a new Constitution. We know when the process started (August 13) and when it’s going to end (November 15), but it’s hard to predict what the content of the text will be. However, Cuban citizens, living in Cuba or abroad, are allowed to express their opinion, even if it’s going to be ignored. The Venezuelan regime isn’t even allowing us that.

    In the hope that Petro-fan Rodrigo Palau might read this comment: Let’s not forget, Mr. Palau, what Gustavo Petro told us about the July 30 “vote.” Cuando Gustavo Petro apoyaba la constituyente en Venezuela.

    Este de Caracas, allí habita la clase media alta. Decidieron votar. Oportunidad no para la revancha sino para el dialogo y la apertura
    East Cararas, where the upper middle class live. They decided to vote. Opportunity not for revenge but for dialogue and an opening.

    So much for Gustavo Petro’s opportunity for “dialogue and an opening.” Like an opening for a Chavista bulldozer. Ever try a dialogue with a bulldozer, Gustavo? Et tu, Mr. Palau?

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