As TSJ Overrules National Assembly One Wonders What The Plan Is

February 15, 2016

As yours truly was swimming with dolphins, turtles and penguins, the Venezuelan Supreme Court (TSJ) ruled that Maduro’s Economic Emergency Decree was valid, despite the fact that the National Assembly used its Constitutional power to not give it its approval.

I am not going to talk about the illegality of the decision, they were going to do it no matter what. But perhaps it is funny to comment on the fact that the Hall of the Supreme Court even ruled that the Assembly can not revoke it, becoming a sort of a new Constitutional instance, changing what the Constitution says about what the National Assembly can and can not do.

I am not surprised by the ruling, as I predicted in December, that the battle was going to become one of who has power over whom and a clash with no  arbiter was looming. However, so far we have since little of a clash, as the TSJ has ruled and the National Assembly has done very little about these rulings or little to challenge the authority of the TSJ or the Government which is what I believe they have to do and should do.

I already disagreed with the Assembly accepting the ruling on the three Amazons Deputies, the Assembly should have never sworn then in if it was not ready to fight for them and their decision.

But I am also not sure of what exactly is the Assembly’s path. Yes, they have mentioned a possible Constitutional Amendment to shorten Maduro’s term and a recall vote, but don’t they think that the TSJ will stop them at every corner? What will they do then?

I think that the National Assembly has to defend its position as an independent power and pick the fight. If Ministers did not go to the Assembly as required, censor them and remove it, as the Constitution gives them the power to do. The Assembly does not like the decision by the TSJ? Then vote that the decision is invalid because it takes away powers given to them by the Constitution. Cut off funding to the TSJ if necessary. Why not?

They have to meet the Court at the Government in its own terrain. If the Assembly removes a Minister, anything signed or decided by that Minister becomes illegal and can be penalized by the Courts someday. He can’t even collect his salary or spend money. It would be illegal and he or she could face jail time some day.

As to the fact that the decree is still valid, like so many other things, it was obvious it was coming and the Assembly should have had a plan to fight it.

But so far, I still see no plan.

And the same applies to all the wonderful things the Assembly wants to do, whether it is the Amnesty decree, the recall vote or whatever. In each of them, the TSJ will attempt to block it.

What will be the response?

I hope there is one planned, if not, the TSJ will have scored victory over victory over the National Assembly without the Assembly responding.

As they say in Spanish, “la pelea es peleando”, the fight is fighting, if you don’t fight, the December victory would have been an empty one. To call the TSJ decision a “coup”, the drop that overflowed the glass”, “immoral” and such other platitudes, does little to defend the terrain that the Constitution gives the Assembly and the voters gave them.

AN: What’s the plan?

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21 Responses to “As TSJ Overrules National Assembly One Wonders What The Plan Is”

  1. M Rubio Says:

    Cluster fuck.

  2. Mitchell Says:

    They talk so much about the trampling of the Constitution, why don’t they invoke Article 138 about the usurpation of power, and when done the decisions from the Usurper are null and void???. This would declare the TSJ’s decisions null and will subject them to penalty at some point and prosecution. How long will they continue to act with that hanging over their head? There is more they should be doing to defend their Constitutional Authority…


  3. […] As TSJ Overrules National Assembly One Wonders What the Plan Is, Miguel Octavio, The Devil’s Excrement […]


  4. MO: the National Assembly needs to move very slowly, because Maduro et al are engaged in a self coup. Outside intervention will be limited to additional agents Castro may and to prop up Maduro, and that’s it. If we observe the logic used by Obama, Comrade Pope, and Europeans like Hollande, a dictator Maduro will be just as acceptable as Raúl Castro or his heir, Alejandro. Venezuelans are alone.

    Therefore to get rid of Maduro the Unity faction has to convince a critical mass of remaining Chavistas that Maduro will be worse than say Capriles. To get to that point things will have to get worse.

    They still need to focus on getting TV and radio exposure in the barrios, and getting the presidential term and judicial term limits in place. If the court shoots that down they can go on to several referendums, one of which could ask the people to support a motion of censure of the Supreme Court for acting beyond its constitutional power.

    If that referendum is shot down by the courts then the AN can declare there’s a coup, ask for outside help, and invoke 350 against the TSJ. And that’s going to mean a quick war. Which the people may win if Obama is out of office, and Rubio is in the White House to shut down the Cubans. With Obama helping Castro the situation in Venezuela is hopeless.

  5. A suscriber Says:

    It seems that the whole point of the decree was the creation of a Military company that will take over almost everything related to oil services:

    http://www.eluniversal.com/economia/160215/crean-compania-militar-minera-petrolifera-y-de-gas

    (Please copy and paste address).

    It has been the only important “economic” measure that Maduro hast taken after the decree, and it was published just after the overruling of the Court.

    No coincidence, in mi humble opinion.

    • Diocletian Says:

      First, it seems to me that it is a naive attempt to allow PDVSA to default on some (although not necessarily all) of its debt by transferring assets.

      However, it also seems like some sort of reward to the military. Many in Aporrea are calling it a coup against the revolution. Maybe so.

      I am not sure how much credit to give this story, but DolarToday is reporting that Maduro might be asking for political exile.

  6. Morpheous Says:

    I completely agree with Miguel Octavio. Besides, if the AN does not legislate strongly against the TSJ violations to the constitution, more and more people are going to get disappointed of the AN.

  7. captainccs Says:

    Every day there is more scarcity. Should the AN try to fix the economy or should they give Maduro enough rope to hang himself. It should not come as a surprise that the rubber stamp Chavista supreme court would block the AN just like the AN is trying to block Maduro. I wonder what the opposition is doing behind closed doors. Do they have a plan? How can the AN force the issues? So far the AN has produced nothing beyond one grand speech as far as I can see.

  8. Dr. Faustus Says:

    Salas OUT! Yup, you read that right. “”I have decided to name the minister for industry and commerce, companion Miguel Perez, as the new vice president for productive economy,” Maduro said …”

    This could be a whole new ballgame.

    • Charly Says:

      A whole new ball game? After 17 years of putting this country on the rocks? Gimme a break. This is just a good malandro, bad malandro routine.

  9. Diocletian Says:

    Has there been any discussion of a coup?

  10. johnbarnardblog Says:

    Venezuelanalysis said that after 60 days the NA has to approve any extension. If even a Chavista rag recognizes that authority what might happen then? Will the court ignore that as well?

  11. Carlos Says:

    They did that because they could.
    They have the power.
    They are democratic as long as democracy suites then, when not they do not exitate to do anything.
    The AN has no real power. It has moral power. They should have a TV channel as soon as possible and they should expose why we are as we are.

  12. IslandCanuck Says:

    Nothing will be solved democratically.

    They have shown this very clearly.

  13. Wanley Says:

    I think they have been out of power for so long that have become politically tone deaf.

  14. Greg Says:

    If this year will cause a lot of pain for Venezuelans, perhaps the AN prefers to stay in the back seat and avoid blame.

    • Ira Says:

      Sorry, but thank God they DON’T feel that way, and aren’t acting that way:

      They’re not playing politics here, and only a scumbag Chavista could claim they’re doing that.

      This economy is a TOTAL disaster, and the opposition is at least trying to make it a MAJOR disaster.

      With their successes, they may be able to improve it to a MODERATE disaster,


  15. As wit the market we see the invisible hands, in politicas we do not see the plan nether the hands. …

  16. Ira Says:

    It’s just impossible to understand what these guys are thinking. The hubris is astonishing.

    They have to even know themselves that these powers and anything Maduro does is going to make things worse.

    So what the hell is the end game? Is it all just pure psychopathy and dictatorial genetics?


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