LIFE, PASSION AND DEATH OF ARTICLE 40
The Constitutional Convention had met in preparatory sessions ... (01/24/1949) and Hill ... at ... (3.16.1949) ... ...
CONSTITUTIONAL REFORMS
After a couple of years in power, Perón ... (found) ... to reform the
Constitution ... The ... (27.98.1948) 13233 Act was passed declaring it necessary to review and reform of the Constitution ... "to the best defense of peoples' rights and welfare of the Nation."
The opposition objected ... ... (and) ... that Art.30 of the Constitution did not require a law but a "statement" ... should be made "by Congress by a vote of two-thirds ... at least of its members' ... (and of) ... total of representatives and no ... the present, as had happened ... in the roll of ... (13/14.08.194) ... and objecting to reelection clause.
... ... when the Peronist reform launched ... ... the ... (sectors) ... who years earlier had joined in ... the "Democratic Union" ... focused their efforts on a ... defense of liberal principles of the Constitution of 1853 .
DISCUSSIONS
... ... The conventional (radical) ... presented a united front ... issues not related to electoral reform itself; protested hotly contested ... everything that could be contested ... argued the invalidity of titles of representatives, for violating the No Call give 13233 the Art.30 of the Constitution.
...
Peronist bloc in the ... ... were forbidden to advertise conventional individual projects, all should be referred to the Committee on Preliminary Studies of the Reformation ... (headed by) ... ...
Sampay Arturo ... ... in and background of political struggle, Peronism and Radicalism matches ... had both wanted rejuvenate the ancient liberalism of the 1853 Constitution, both fought against imperialism, but both elements responsible sheltered ... to dispel these matches ... highlighting the occasional discrepancies. Even enlisted radicalism "chadistas" and Braden's friends ... In the Peronism also had ... "chadistas" with the commission of the financial octopus. Dr. Figuerola which was drafting the project ... Peronist, was another symbol ... the linkages between CADE and Peronism ... (had) started before ... (1946), where electrical service concessionaire Buenos Aires ... (would) ... leaning funds Labour candidate.
...
RADICAL BLOCK
... Most conventional radicals were 'intransigent', had designated block Lebensohn president ... wanted to support many of the reforms propounded by Peronism, because in large part agreed with the Programme de Avellaneda (1945). The sector 'unionist' pressing ... for a withdrawal from the Convention ... ...
... when it became clear that this clause (reelection) will be punished, the arguments of the 'unionist' seemed irrefutable ... (about) ... Peron be perpetuated in power.
A violent ... block secret discussion ended with the impression ... that the Radicals had to leave the premises, ... Lebensohn got ... (as authorized) to make, progress, attitude to believe ...
timely
Lebensohn
Lebensohn
Moses, mentor radical intransigence, began visiting ... ... the president of the Convention, Colonel Merchant ... both ... (locked) ... a friendly relationship ...
Lebensohn prepared two speeches ... one was very violent one ... not so much ... when it was time ... ... he combined Lebensohn Both speeches ...
presidential reelection
... Peronism focused on an issue ... the need for reform: the re-election for the Peronist presidential ... was not in dispute, the mere formality that if you can reelected a president or not, what they wanted was that Peron was president for a second term, and perhaps by many more as well ...
... The conventional ... Keyway, Giovanelli ... ... ... Filippini and Paladino had a suggestion ... forfeited forthwith to the executive powers and national legislation, provincial community ... (allowing) one-time re-election ... (would be surprising and unexpected opposition) ... conventional Evita ... (... Campora, Visca ... ... Valenzuela, Aloé ... ... Méndez de San Martín and others ) ... (were) ... the most interested in preventing the sanctioning ... (the) ... re ... (for) the continuity Peronist be channeled to the application ... ... of ... Eva Peron.
... the 'avoid' ... tried to seek support from the president of the Convention, Merchant colonel ... ... (which in turn could have speculated co his own candidacy) ... ... it was an ally ignorant radical block ... was against re-election ... (and) cherished the hope that we will sanction the re ... ... position of hardliners who wanted to stay in the Convention to discuss the new Constitution ... (these maneuvers would arrive not successful).
DISCUSSION
Sampay ... ... Member informant claimed that the historical cycle of PJ should be led by Peron, "the fate of this company Argentina depends on the constitutional possibility that General Peron re-elected ... by the free vote of their fellow citizens ... should be removed from the Constitution that disability not advising prudence or political or historical circumstances in the country. " The radicals complained that the only reason ... it was the aspiration to re-elect ... Perón.
... (tasty debates were finally unified block radical positions and retreated to the bench Lebensohn radical, subject to clearly establish the support radical) ... with the "provisions pertaining to public service in part come to our program. "
ARTICLE 40
The project ... Peronist postulated an article which was written based on Article 40 ... referred to the organization of wealth and government intervention ... (nationalizing) ... minerals, oil , coal, gas and other energy sources and public services.
The "nationalization" of public services was a key issue. The decade ... (1930/1940) ... among other ingenious creations had a policy of "nationalization" of public services aimed at the realization of negotiated famous ... (the transformation of 'Chad' in 'CADE' is an example of "nationalization") ...
... the Budget Act of 1936 (Law 12345) exempted from tax operations transformation of the concession of public services, improving the negotiation. Those were the "nationalization" of the "Infamous Decade."
The Technical Secretary of the Presidency ... Dr. José Figuerola ... (connected) ... with 'CADE' and 'Sofina', I defend this kind of "nationalization" ... (in) ... the project that he gave ... (Peron) ... he gave final shape to provide that ... it would be governed by a law ... "nationalization promptly determine and, if appropriate, the nationalization of services public who are exploited by individuals. "
... for ... the Study Commission of the block, was reworked by the conventional ... Arturo Sampay ... (that) ... it was - well - the theoretician of the Convention ... in ... (his) ... thinking ... the country should emphasize the nationalization plan, banking ..., utilities, natural energy, foreign trade ... "Free Economy" ... it was for him synonymous with capitalist-driven economy posters ... "nationalization" should involve "Nationalization" ...
... well designed nationalization necessarily lead to the expropriation of corporate borrowers ... Sampay ...: "The company that assumes the provision of a public service of a State to take charge attitude usually a private activity, as a function of the state ... ... can not be granted but as a transitional status, after which the property does not need to be replaced at the dealership assets to continue providing the same service, who replaced the state in a public function invests capital rigorously determined that rescues along the provision of that capital and get a fair return, because everything that exceed this limit must be regarded as repayment of capital "... matched Sampay Avellaneda Program ... (from the UCR.) ... ...
Sampa changed ... the warm approach of the Peronist party ... ... (with) ... the end ... two paragraphs: "The utilities originally belong to the State, and under no circumstances be transferred, or granted for exploitation. Those who are in private hands will be transferred to the State, by purchase or expropriation with prior compensation, when a national law determined by "..." The price of the expropriation of public service concessionaires will be the source of the cost of goods expropriation affected; the amounts that would have been amortized over the period observed from the granting of the concession, and the excess over a reasonable profit, which will also be considered as reinstatement of capital invested "... (These clauses were few) ... likely to penalize the Convention.
's office alarmed Commission ... operating companies ... especially the 'CADE'. Perón began to feel the pressure ... I convinced ... (of) ... the convenience to please. There was very concerned and diplomatic representatives of the executive ... ... Figuerola was foreign capita ... the bridge ... (with) ... the foreign labors.
... (09/03/1949) Perón called Merchant, saying that diplomatic Italian, Swiss, American British and suggested modifying the art. 40 ... (Merchant) ... it spoke to Sampay interpreted in reverse ... ... ... would be evident that the motive of the reform was only re ... agreed to keep secret the management of Peron ...
... ... (10.03 1949) ... ... Merchant Sampay (interviewed) Sampay Peron ... ... said that under no circumstances ... (was) ... ... can change the Art. 40 (Peron) ... ... listen and said, "Okay. I prefer to fight the Americans and not support the lenguaraces inside. "
Perón had given his word ... ... Sampay Merchant decided to accelerate the adoption of the reform ... (11/03/1949) ... 8.35 pm., There were 82 conventional sleepy ... Some knew they had to hurry the penalty. Merchant presided ... giving the keynote ... After half a day ... appeared ... Juan Duarte (private secretary to the President) ... (between Merchant Tessaire Sampay and entertained him.)
... The conventional Martin ended his speech: "No land in imperialism and oligarchy that we can win" ... Merchant hastily voted ... release ... and vote Campora nominally called Sampay ... ... (was) ... one of the last to vote ... Juan Duarte expected quiet ... (the end of the vote) ... ... Duarte conveyed the message ... Perón had ordered that no vote on art. 40. The conventional ... (he) said the envoy ... that just adopted. Duarte expressed his disappointment ... (by) have been slow to arrive a few minutes ... ... (the) Congress. That same afternoon, the conventional ... ... the Constitution they swore punished.
{
half rare, are so fallen from the cot}
The night of day 11, at Jose L. Torres ... with Scalabrini Ortiz and Jorge de Rio ... Sampay told another news ... (a) your friends. Was included in art.84, as if by magic, the requirement of native Argentine ministers had a special significance ... ... ... Figuerola minister would not be was born in Barcelona in 1897 Argentine citizen in 1935 ... it looked like a wedge 'CADE' ...
Peron ... (I'm sorry) ... Figuerola, and suggested the ability to think in any case law that mitigate the rigor of Art. 40.
TREASON
One should admit defeat ... Sampay diners at the house of Joseph L. Torres was the art.20 ... ... he repeated the figure of treason of Art.29 ... Sampay had planned ... "Congress can not grant the Executive Branch or the provincial legislatures to governors ... extraordinary powers or the sum of public power or submission or supremacy, for the life, honor or wealth of Argentines are at the mercy of government or individual. Nor can sell the property or granting exploitation, foreign companies, rail, ports, communication networks telephone, energy sources, the bank officer to issue coins or other national wealth originally belonged to public property or was recovered for him or take any action that directly or indirectly give the alien the handling of the economy of the country ... Events of this nature shall be utterly void, and be subject to those who run, or sign consent , responsibility and punishment of traitors to the Fatherland. "
Perón objected to the draft Sampay ... with the argument that one should not throw mud on it, the Argentine past.
... ... The Constitution (1949) ... (are) amended the Preamble and 56 Articles of the 110 was the former ... included four new items: the art.15 developed the idea did not recognize freedom to infringe upon freedom ..., 37 ... (on) the special rights of workers, families, the elderly, education and culture, with 39 declared that capital should be employed by the national economy and ... the key objectives of social welfare and , 40 ... Rules State intervention in the economy and the nationalization of certain natural resources and public services ...
Major economic reforms have not raised major objections of radical intransigence ... had they remained in their seats, because the program also Avellaneda ... favored as Art. 40, 68 Inc.5 No ... the central bank nationalization and ... that in any case and issuing credit agency could be mixed or private entities ... ... Art. 38 modified the conception of liberal ... property ... the necessary measures for fire of estates ...
The most important reforms ... the art.77 ... (about) ... reelection and 82 which outlawed the electoral college, providing that the vice president and be elected by the people ... simple plurality to vote ...
The ... (03/16/1949), at 14.20 pm., Peron attended the Congress ... (and swore the new Constitution) ...
STATIONS OF THE CROSS
who had
... bold clauses against the will of Perón felt ... in hand the responsibility they had assumed. Merchant ended his term as governor of Buenos Aires and had to go into exile, many of his ministers ... went straight to jail, charged with common crimes. Sampay had to undergo impeachment (which was not allowed to defend themselves), being dismissed from the office of Attorney General ... masquerading as cure exile due to cross the border with the help of the parents of Don Orione.
Peronist government ... ... (was) increasingly losing its revolutionary impulse ... Perón signed an agreement with the 'Standard' ... himself explain it well ... in "The Force is the law of the Beasts": "The ... Argentina American technicians reportedly ... (is) one of the four major oil fields ... The huge reservoir ... sleeps in the bosom of the earth ... , waiting for nuclear energy to destroy its value ... Venezuela to exploit its oil companies ... (USA) 50%, similar to that ... proposed to make with the 'Standard' ... The results are excellent and the result, wealth and the flourishing of this country ... If you have solved the problem Argentine energy ... the only way possible ... is ... its extraction companies hire qualified ... for his art, for ... financial possibilities, by the availability of machinery, etc. "
Perón submitted the agreement with the 'Standard' ... Congress ... when the" Liberating Revolution 'overthrew him ... many felt it was a direct delivery of imperialism ... (U.S.).
... to the 'Standard' ... not convinced by the mere adoption by Congress, said Art. 40 ... ... deposits owned indefeasible and inalienable the Nation and the company was pressing for reform in this article.
As had been ... hard to convene a Constitutional Convention to reform the Art. 40, Perón took ... (the conflict with the church) ... (05/05/1955) ... ten deputies presented a draft reform ... (to) ... art.2 º and consistent ... (about) ... "The Federal Government supports the Roman Catholic Apostolic religion ..." (05/18/1955) ... issue of the Constitutional Affairs Committee ... (5/19/1955) ... ... the project was approved in the Lower House ) ... at ... (05/20/1955) ... penalty Senate ... (23/05/1955) Perón enacted the law ... 14,404 ... (saying) ... "... necessary partial reform of the Constitution in all matters linked to the Church and its relations with the state, to ensure effective religious freedom and equality before the law. "
As the Constitutional Convention of 1949 had declared sovereign to decide on reforms that would punish ... not have ... (obstacles to) punish other reforms.
So yes, Perón would take the rematch last Art. 40.
The (6/11/1955) ... (with the invitation) ... to the Corpus Christi procession, Catholics divided ... (these) ... verse:
"Ahijuna the Peronist / why they went wrong account ... / y so now you try / to the new convention / is to remove a screed / The Art. 40 / This is dispose (sic) / the assets of the nation ... / and the separation of church and state / foxes have intended / change the Constitution. "
The ... (09/15/1955) ... revolution shifted the power Liberation (Peron) ... (4/27/1956) ... ... and ... Aramburu Red ... issued a proclamation declaring the 1853 Constitution in force, with the reforms of 1860, 1866 and 1898, excluding the 1949 ...
Now ... there would be no constitutional obstacles to review banking policy and foreign trade, to negotiate oil contracts postulates in "Yadarola Plan" to privatize public services listed in the "Plan Presbich" ... ... Re-election was not the problem. Scalabrni Ortiz: "There are no eggs in the uterus ... the uterus the eggs are in the Art. 40 of the Constitution. Art. 40 which is the want to delete ... "
... a call to the National Constitutional Convention elections held ... on ... (28/07/1957).
... Soon after the start of the Convention ... (you were removing the conventional cross-party) ... the edge of the lack of a quorum adopted a statement supporting the validity of the Constitution of the 1853 Constitution and its amendments , except for ... (of) 1949.
was the end of the "Constitution Justicialista" and ... Art. 40. Finally passed on ... (art.14 bis), ... (over) statements and social rights and labor.
SOURCE Alberto Gonzalez Arzac
Todo es Historia
November, 1969
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