PyramidHead said:
What makes something constitutional is what the people whose job it is to determine it decide is constitutional, and as conditions change, that can change as well.
No, that is false. What makes something constitutional is that it is in accordance to what the constitution says. The people whose job is to ascertain what is constitutional do not have the job of deciding what is constitutional, but to ascertain what is constitutional. Otherwise, there would be no point in having a constitution in the first place, but just some absolutely powerful Supreme Court that can decide (not ascertain, not figure out, but decide) what is constitutional.
When the SCOTUS makes a 5-4 ruling, the members of the minority say that what is constitutional is what they say, and that the majority is mistaken. They do not say that what is constitutional is what the 5-member majority says because whatever they decide to be constitutional is so. The same goes for 6-3, or 7-2, etc. Sometimes, the minorities in the court are correct, and the majority incorrect. Sometimes, even a 9-0 majority is incorrect, and a later SCOTUS realize that. Indeed, at some point the SCOTUS said that laws banning interracial marriage were constitutional. But they were not. The members of the SCOTUS were mistaken.
In the case of the Bolivian ruling, it's not clear to me that they were mistaken as opposed to just lying through their teeth, since it should have been obvious to them that it was no a violation of human rights (and more precisely, of the American Convention on Human Rights) to have term limits, as it had been obvious to every legal scholar till then, as it had been obvious indeed to Evo Morales himself.
PyramidHead said:
Morales did not call for throwing out the entire constitution, just changing a provision that threatened to derail the project he had worked so hard to undertake before it was complete.
Morales strongly supported that Constitution - all of it -, and in fact, it was supported by his party. When he thought that that particular provision should be changed, he asked the Bolivian voters in a referendum. They said "no", by majority. Morales had
agreed to abide by the constitution, and of course to abide by the decision of the voters. He did not. He made the absurd claim that term limits were violations of human rights that contravened the American Convention on Human Rights.
PyramidHead said:
The judges who ruled in his favor were elected, not appointed by Morales like SC justices are in the US.
Yes, elected
among several chosen by Congress, with a vast pro-Morales majority. All of the choices were pro-Morales.
Now, there is a difference between choosing judges with views similar to those held by those choosing them - that is what you could expect in any democratic system with an indirect election of judges - and judges who will follow orders from the government even to absurdity - which is obviously wrong.
But that aside, the 'yes, sir' judges in question turned out to be 'yes, madam' as well. More to the point, the flip-flop with the political power. And now
the same tribunal ruled that Áñez has legitimately become the President of Bolivia:
https://www.prensa.com/mundo/Tribunal-Constitucional-Jeanine-Anez-Bolivia_0_5440705944.html
https://puntodecorte.com/tribunal-c...ocio-a-jeanine-anez-como-presidente-interina/
Obviously, I'm not arguing that she is. I'm saying that your arguments are not just bogus, but self-defeating (of course, you will spin it as you like).
PyramidHead said:
Your constant repetition of the meme that he circumvented the constitution, when in reality he appealed to the established institutions of state power to change it and was successful in doing so, is facile and unwarranted.
That is nonsense. I point out that he circumvented the constitution because the institutions meant to ascertain what is says failed miserably to do their job - more precisely, the Constitutional Tribunal did - and supported and absurd claim by Morales. It's a claim he should not have made in the first place, as he had agreed first to abide by the constitution, and second to respect the will of the majority of the voters - who said "no".
PyramidHead said:
Morales had every legal and constitutional right to run for re-election, regardless of what you think about how that was achieved.
No, he did not.
PyramidHead said:
There is no measure of "constitutional" beyond what is currently accepted as legally binding by the current court, who rendered a verdict according to their own judgment, with no evidence of coercion from Morales.
That is false. A law in the US banning interracial marriage, establishing slavery, or a vote in which Trump is elected POTUS for life would be unconstitutional even if the SCOTUS says otherwise, and that would be unconstitutional by the actual measure of "constitutional" beyond what is currently accepted as legally binding by the current court, which is
what the constitution actually says!.
PyramidHead said:
Even the referendum, which like the Brexit one was entirely non-binding, was incredibly close and may have been swayed by outside forces who wanted Morales gone.
And also by outside forces who wanted him to stay, like the Venezuelan dictatorship. Regardless, he lost.
PyramidHead said:
Honestly, if the people want to elect someone for four or seven or ten terms because they prefer their leadership, what is the problem with that?
If
some of the people want that, but others want otherwise, the problem is that the rules say otherwise.
If a majority says that he should not be allowed to run and he said he'd abide by their decision, the problem is that they said he should not be allowed to run and he promised to abide by their decision.
The problem is that he's breaking the rules he himself proposed and promised to uphold, and denying the decision of the majority in a referendum he called for.
PyramidHead said:
If the removal of term limits was in violation of the constitution, which it was not, and against the will of the people, then why does Morales and his party have continued popular support over his rivals, as measured by the election results and 5/6 polls independently collected beforehand?
First, it was against the constitution - obviously.
Second, it was against the will of some of the people, and not against the will of some other people - obviously.
Third, the majority of voters actually said "no".
Fourth, right back at you: if the removal of term limits is not against the will of the people, why did they vote against it?
Fifth, he had more political support that any given rival, but not enough to win over half the votes in a second round, according to most polls.
PyramidHead said:
Not even the supporters of the coup deny that Morales is the democratically selected choice, and the circumstances of his victory are unremarkable compared to countless other national elections, including every US presidential election that has been decided by the electoral college.
That is false. While no one denies that Morales got more votes than Mesa, many - maybe a slight majority - believe that he would have lost in a democratic runoff election vs. Mesa.
PyramidHead said:
As such, the violence by pro-Morales supporters is amply justified, because their government was taken over by forces that had no quorum to do so.
No, they're attacking innocent people, and they are taking actions that are making things much worse. Morales' was already illegitimate, but violence against him was not justified because it would predictably make things much worse for innocent people. Same here.
PyramidHead said:
They are defending themselves against the threat of the anti-indigenous Senator who has declared herself president despite having no right to do so, backed by "Macho" Camacho and the same backers of the Venezuelan coup that failed earlier this year.
The Constitutional Court says that she is the legitimate president, so there you go.
But seriously, there is no right to defend oneself no matter the consequences. If Morales's supporters really have the majority, then it's easy: don't use violence, demand a vote, she will agree for sure, and then vote for anyone Morales says. That would be far better than the predictable spiral of violence if they do not stand down.