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term limits

Democracy vs. Power Grabber

Like many countries with a young democracy, Panama constitutionally term-​limits its president. And like many such countries, Panama has endured a president eager to dispense with the irksome restriction.

Too often, deleting the term limit comes too easy. All it takes is a few cooperative lawmakers of the ruling party or a few cooperative judges; at most, a national referendum, if the officeholder is popular … or ruthless enough to rig it.

In Panama, though, Martinelli — who must sit out the next two terms before running for the presidency again — has been hitting a brick wall.Panama MAP

Amending Panama’s constitution is easier than amending our own. But it still requires the co-​operation of two separate legislative bodies. He could not obtain it.

A referendum was also a non-​starter. Martinelli proved less popular toward the end of his term than he was at the beginning, and Panamanian voters showed little inclination to lengthen his tenure.

He tried packing Panama’s supreme court so that it would determine the constitutional term limit to be unconstitutional. But mass protests forced a retreat there as well.

Finally, the incumbent tried the hand-​picked-​successor gambit — “re-​election in disguise” — ardently campaigning for José Domingo Arias and Arias’s vice presidential candidate, Martinelli’s wife. On May 4, though, Juan Carlos Varela won a three-​way contest for the presidency with a 39 percent plurality.

The result is not a permanent victory for term limits or democracy; such victories are never permanent. But it is a victory, and a big one.

This is Common Sense. I’m Paul Jacob.

Categories
term limits

Eroding Panamanian Limits

Foes of term limits love to repeat their favorite mantra, “We already have term limits — they’re called elections.”

This clichéd counsel urges us to ignore how term limits and other checks on government power can … well, check government power. Many incumbents prefer to remain effectively unchallenged when it comes to retaining, using, and abusing their power. And the advantages of incumbency can render election campaigns uncompetitive and even meaningless.Ricardo Martinelli

Political monopoly’s dangers, studiously ignored by many domestic critics of term limits, are often vividly illustrated by the latest news from abroad. Take Panama. Advocates of limited government at first applauded the election there of a successful businessman, Ricardo Martinelli, as president. Three years on, though, he’s looking like a standard-​issue power-grabber.

In the Wall Street Journal, Mary O’Grady details how Martinelli is seeking to expand his power. A court-​packing scheme is one of his gambits. Critics also see egregious cronyism in his political appointments. And, yes, Martinelli wants the power to immediately run again for office when his current term expires — even though Panama’s constitution prohibits consecutive presidential terms.

The Supreme Court would have to give the nod to any evading of the term limit. Hence the president’s desire to add a few buddies to the current nine-​member bench.

Such is the pattern in Central America, Africa, Asia, everywhere.

Assaults on term limits tend to be part and parcel of assaults on rights and liberties. No coincidence.

This is Common Sense. I’m Paul Jacob.