Welcome To The Dictatorship Of Happiness

What Bajo brought up and Bradly seconded is actually a valid concern and shouldn't be laughed off so quickly. Macri needs to be watched, and what he is working to do with the supreme court is indeed a bit out of the ordinary at the least, considering it hasn't been done in over one hundred years, as I understand things. What we're talking about is not dictatorship - yet - but rather falling back on legal precedent from a long time ago. The funny thing about this is that there is no one who can rule this unconstitutional, really, considering that the court was left so depleted.

One of the guys who resigned (and I can't remember his name, and my internet is working so slowly I can't even get Google to come up right now because I'm downloading some databases) was what - 97 years old? And why didn't he resign when Cristina was in office? Because he didn't want her to get to assign yet another justice to the bench. He extended his life on the bench just for that purpose, at an age that is pretty incredible.

I don't think he knew was going to be the next president when he committed to staying on as long as he could. To me, that's a vote that Macri is better than Cristina and more deserving, in his view, of being able to make the appointment. I know, not legal but certainly the opinion of a long-term legal scholar who is unable to rule on the constitutionality of the move.

Macri has a very tough decision to make. He has to make a lot of changes to overcome the last 8-12 years of mismanagement and twisting of the democratic process that Cristina had a direct hand in. He's already making headway on important things like unraveling the cepo mess and trying to find a way out that doesn't hurt as much as would have to happen anyway. And yeah, he could have sat back like a poor little lost dog and attempt to deal with the futures mess that Cristina, via Vanoli, left him. Who cares about more inflation, right? As Bradly mentioned, if true, most of the currency payout required is in epsos, so why not just print some more money to cover it and make things worse?

From what I understand, Macri's appointments are not some kind of magic bullet decree that will then be ignored. After all, he doesn't have a majority in congress to battle with - yet. The procedure for this emergency decree still has to be approved by the congress, who has until the end of the coming session up to September if I remember correctly, to reject Macri's emergency appointments.

So here's Macri, trying to get people back on the court so that they can make rulings where needed when he's doing things to help unravel this ungodly mess. Anything he enacts will depend on him being able to make a consensus in congress so that his selections will be upheld. If not, he stands to lose his court appointments and possibly anything he's done if new judges rule things unconstitutional.

Now, how would Cristina have handled this? Do you all really think she'd worry about whether there were enough members on the bench? Or if she did, would she worry about having her nominations rejected and someone tougher put on the bench that would hold her to the actual law? Hell no is the ultimate answer.

To me, what Macri is doing could be seen as quintessentially democratic, and whether or not it's legal remains to be seen. It sure as hell isn't dictatorial - yet.

Seems to me that what some people want - no, demand - from their elected officials is complete honesty and 100% abide by the rules. Not relativism. I like that, but it's unrealistic in certain situations. It is a flaw of government. We are looking at someone who is purportedly trying to fix democratic institutions and is already so much more open than Cristina's government was that it's quite bright.

The idea that the law is inflexible and black and white is quite Ingenuous at best. Particularly when the previous executive, who had too much power, screwed things up so royally. I don't see Macri going over any deep end yet, but it does bear watching, as we all knew it would. As it is,legislators are born relativists - they have to be to be able to compromise whatever beliefs they may have, in the best of circumstances, to make a deal in normal situations. One can't have things both ways - welcome to government. If every legislator was ram-rod straight and never compromised to get things done, nothing would ever get done and I would be happy and not worried about governments.

But living in the real world, I have to look at who is doing the least damage, and hope that there is someone who as they are working their compromises, are trying to push things back on the right track and not doing it for their own nefarious end. I don't see that Macri is heading down an incorrect path yet.

I expect Bajo to take anything Macri does and call it dictatorship or corrupt, or what-have-you, while everything that Cristina shat or pissed out smelled like roses and honey.. I don't recall ever seeing any real criticism of her from Bajo whatsoever.

I'm a little surprised Bradley is so quick to accuse, rather than simply opine that Macri bears watching. I don't know how he feels on this topic of the judges, as I haven't seen a comment from him yet, but he was real quick in another thread that he started to jump on Macri trying to iron out a deal with the banks and others who made obviously troubling purchases on the dollars future market, immediately questioning every statement Macri's made because of that and making it look like Macri is trying to force these guys into something against their will, instead of Macri actually working with them openly - completely the opposite of how Cristina would have handled this. I almost felt that Bradly would have been pleased to see more inflation and more problems down the line than see Macri come to as close to an equitable solution for all concerned - including the Argentine people who are not game pieces in some chess game, but real people who are already in quite a bit of pain from the state of things as they are.

I knew Macri would have to get a little edgy to do this - go look it up, I've commented about it even before Macri was elected. Pretty much everyone else did too. What he's done so far isn't surprising and is not off from what most of us figured he'd have to do to set things straighter, so far. but he can't twist things too much or he's no better than Cristina. That I agree with whole-heartedly. Where that line is, I don't know yet, but I'm not rigid,, that's for sure.
 
Argentina amazes me. You give politicians number of weird options and later cry that the particular one was not used in 150 years ... So you had 150 years to repair anomaly, but in Argentina you like to operate in shadows. Instead to improve something, you expect, that opponent will just avoid using decrees, while expecting that "your" candidate will.

Bajo, you were always justifying everything Christina did with legalism, what changed now?
 
What Bajo brought up and Bradly seconded is actually a valid concern and shouldn't be laughed off so quickly. Macri needs to be watched, and what he is working to do with the supreme court is indeed a bit out of the ordinary at the least, considering it hasn't been done in over one hundred years, as I understand things. What we're talking about is not dictatorship - yet - but rather falling back on legal precedent from a long time ago. The funny thing about this is that there is no one who can rule this unconstitutional, really, considering that the court was left so depleted.

...

You wouldn't be able to rule this unconstitutional even if you had 30 supreme court judges because this is part of the constitution. These judges are temporary, not permanent, and will last until November 30th, 2016.

Just because something hasn't been used in a long time doesn't make it dictatorial. Three judges in the court means basically a paralyzed Supreme Court. Fayt didn't want to resign during CFK's mandate because he didn't want her to have the power to be able to do this. Again, nothing illegal or unconstitutional about what Macri is doing.

Bajo_cero2 cried "dictator!!" when Macri asked that Gils Carbó should consider resigning since she's nothing but a puppet of Cristina. Yet when the Ks were going after Fayt and trying to force him to resign, it was all fine and dandy.

This whole crying "dictator!!!!!" reminds me of that one story I read as a kid, The Boy Who Cried Wolf.
 
There are issues with these appointments through decree that a neutral observer would have to be very inventive in order to call them "democratic".

I understand that they are passed as a quick fix to a situation created by the previous administration, but pulling 100+year-old decrees out of the pages of history to jump today's constitutional reforms is just not cricket.

The new government has a myriad of complicated problems ahead to address and see through to their conclusion, much worse in a way than the crises of '89 and '01 where the problems were obvious and homogenous, today they are a nest of hydra's heads to combat and staying outside the path of the constitutional norms and violating institutional independence is not only revisiting the evils of the recent past, but also starting down the same hostile path that had led to the incompletion of every single non-Peronist government since the return of democracy.

Baexpats, if you want to defend Macri you need to take off the rose-tinted spectacles - stand in the middle.

Yup. Agreed. However so far he's done nothing illegal in the 4 days that he's been president. Both this post and the one about how Macri is negotiating with the banks are overblown (and misunderstood/misrepresented) criticisms because Macri.
 
It is questionable the way these two judges were appointed, however it is perfectly legal. As a matter of fact, Macri is unable to get approval from the Senate ( as ordinary sessions are over for the year ) I sure hope that once they resume their activities Macri will seek their approval.
 
It`s not anticonstitutional. So I'm for the wait and see. For all we know he may relieve them of their duties in March when congress is back in session. At the most they have until November 30, 2016. And they are qualified candidates -- if they were not, I would be more wary. I want this government to succeed. They are facing insurmountable odds. I want to see the first 100 days, then will see.

The way I see it, Scioli would have either had to pull his own DNUs and emergency actions, or he would have led us down Cristina's garden path until the money ran out. He (along with a lot of the other governors) hadn`t paid salaries in 3 months, left a huge debt, and no way to pay the salarios y aguinaldos. So I don't have any more faith that a Scioli government wouldn't have also been inacting a million decretos or simply pretended everything was ok until the reserves were completely empty.

The country is on the verge of another financial crisis. I'd rather give Macri a few months to try and turn the situation around then let things continue as they are, see the country go bankrupt, and then go through yet another hard reset.
 
Bajo,

Can these 2 new judges jurisdicate over citizenship cases?

If so, could they be anti granting citizebships or delaying the process deliberately?

They are going to be against citizenship without permanent DNI for sure.

However, the mechanism is going to be more sutil, they are going to convalidate procedure ambushes where the case cannot progress. For example: you work under the table and they ask cuit.
 
There was son much hate against the former President and the criticism here was so unaccurate, that i didn't have room for serious critism. As I pointed before, I was banned in some K friendly pages and i made 6 political trials (dismissal) agaisn't 2 judges who are K friendly, one of them, an ultra K.

Gils Garbo can be many things but not a puppet. As judges, she is there for life time. If he wants to remove her, he has to do it through a dismissal trial. If he does it by decree, then we are facing a Coup.

The questions about how the former President whould deal with it has no sense because we have the answer in the review of history.

Nestor started a dismissal trial against, i don't remember, one or two SC judges and they quit.

He followed the procedure to appoint the new judges who were independent (in fact, the SC ruled against officialism many times).

He also created a procedure to self limit Presidents in the election of SC judges.

When the former President wanted to dismiss Fayt because he was too old, she didn't use a decree, in fact Fayt was there until he quit.

Do you remember Federal Prosecutor Campagnoli? He started a criminal case against the former President without legal competence. The former adminstration followed the legal procedure for a dismissal trial. She didn't use a decree. Campagnolli is still a Federal prosecutor because, like Gils Garbo, his job is protected until he retires to guarantee independancy from the President.

When the former President tried to appoint new SC judges, she failed at Congress.

So, they gave 2 ways of doing politics. The former administration respected the republican democratic institutions while Macri is behaving like he made a succesful coup.

We have to wait and see but this looks very scary.
 
There was son much hate against the former President and the criticism here was so unaccurate, that i didn't have room for serious critism. As I pointed before, I was banned in some K friendly pages and i made 6 political trials (dismissal) agaisn't 2 judges who are K friendly, one of them, an ultra K.

Gils Garbo can be many things but not a puppet. As judges, she is there for life time. If he wants to remove her, he has to do it through a dismissal trial. If he does it by decree, then we are facing a Coup.

The questions about how the former President whould deal with it has no sense because we have the answer in the review of history.

Nestor started a dismissal trial against, i don't remember, one or two SC judges and they quit.

He followed the procedure to appoint the new judges who were independent (in fact, the SC ruled against officialism many times).

He also created a procedure to self limit Presidents in the election of SC judges.

When the former President wanted to dismiss Fayt because he was too old, she didn't use a decree, in fact Fayt was there until he quit.

Do you remember Federal Prosecutor Campagnoli? He started a criminal case against the former President without legal competence. The former adminstration followed the legal procedure for a dismissal trial. She didn't use a decree. Campagnolli is still a Federal prosecutor because, like Gils Garbo, his job is protected until he retires to guarantee independancy from the President.

When the former President tried to appoint new SC judges, she failed at Congress.

So, they gave 2 ways of doing politics. The former administration respected the republican democratic institutions while Macri is behaving like he made a succesful coup.

We have to wait and see but this looks very scary.
 
Well there's an oxymoron of the finest kind. Congrats to Bajo for pointing out that we can indeed live in a 'happy' dictatorship, as he so poetically refers to it.
What he fails to mention, conveniently as usual, is that CFK ruled with an iron rod during her time in power, brooked no argument,expelled those who disagreed with her if they dared and rampaged across this country, uncontrolled in her quest for self aggrandisement.
She is also said to have signed around 2700 decrees during the current year alone, not to mention the many spanners she threw into the spokes as a parting gift in the weeks leading up to her departure.
How utterly predictable therefore, that we hear nary a peep from the good doctor on the miserable dictatorship that preceded these happier days.
Congratulations doctor, you've done it again!
 
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