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Chavez Given Enabling Law Power

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On December 17, AP reporter Fabiola Sanchez headlined, "Venezuela congress grants Chavez decree powers," saying:

"Chavez opponents condemned the move as a power grab, saying the law gives him a blank check to rule without consulting lawmakers."

False, and they know it. Enabling law power includes well-defined checks and balances.

How It Works

Enabling law power is legal but limited. Chavez used it three previous times. Four earlier presidents used it. Venezuela's 1961 Constitution authorized it. So did the 1999 one under Article 203, stating:

"Organic laws are those designated as such by this Constitution, those enacted to organize public powers or developing constitutional rights, and those which serve as a normative framework for other laws," including amendments. A two-thirds legislative super-majority is needed before beginning debate. Measures are then sent to the Supreme Tribunal of Justice's Constitutional Division "for a ruling on the constitutionality of their organic status."

"Enabling laws are those enacted by a three fifths (National Assembly member) vote to establish guidelines, purposes and framework for matters that are being delegated to the President of the Republic, with the rank and force of law."

They're not dictatorial. They must conform to constitutional provisions and restraints. They may only be issued in National Assembly named areas within the time period allowed. In some cases, the Supreme Court must rule on their constitutionality.

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