In May 2022, we published the following: … “Mexico is in a process of destroying institutions to ensure that those in power stay forever. ”* Since then, the intention has been evident; what was not clear was the roadmap. Given what has been seen, it is possible to retrace the way in which it was implemented step by step, always with one characteristic: the trampling of the law.
It is not, as they claim, the beginning of a new era but the end of a political system that allowed the country to live for a century with relative calm but unequal prosperity. But the system ceased to work. It went from being dominated by a ruling class that governed for its own benefit to a corrupt technocracy and a mediocre kleptocracy, causing the electorate to decide to give a chance to someone who pointed out the vices and failures of those governments, promising to put an end to that and offering justice, honesty, and efficiency for the benefit of the population in general and the poorest in particular. But it turned out to be worse than the previous ones when it installed in the government the least qualified, corrupt, and inept people, headed by a fanatic, resentful, and ignorant leader, intellectually impaired.
Before he supposedly stepped down, he left unfinished a process to deactivate any type of controls that would prevent his successor from continuing with the destruction of institutions, the social pact, and the republican system of separation of powers to install a tyranny, that is, a government that abuses and imposes the will of the president over the other powers and is governed by its own rules, ignoring the laws and international conventions. All this, under the alibi of a supposed “mandate of the people”, manifested in the result of the recent election in which 48 percent of the voters did not vote for them, but which, by trickery, gave them an over-representation not won by votes that gives them a qualified majority in the Chamber of Deputies, and through acts of extortion they achieved the same in the Senate.
Thus, in haste, the head of the Executive Branch sent an initiative to reform the Constitution to decapitate the entire Judicial Branch, which was approved egregiously by Congress under her control, and a few days later, to finish annihilating the constitutional faculties of the Judicial Branch, they approved an amendment to the Constitution prohibiting that branch from resolving constitutional controversies of reforms approved by them, In other words, they grant themselves supra-constitutional powers, eliminating de facto the supremacy in legal matters of the Supreme Court of Justice of the Nation, leaving it as a simple Court of Justice of the nation, subject to what the head of the Executive Branch and/or the Congress of the Union, who obey the same master, determine.
In free translation, we witnessed an insurrection of both the head of the Executive Branch and the leaders of the Congress of the Union when they announced that they would refuse to comply with a mandate of the Supreme Court of Justice of the Nation, to which the Constitution confers the exclusive responsibility of settling controversies in matters of interpretation of the Constitution itself. The executive branch, hand in hand with the legislative branch, mutinously revolted against the constituted authority. To be more precise, it is a rebellion committing a crime against public order, punishable by law, consisting of the uprising against one of the powers of the State, with the purpose of overthrowing them. It is a coup d’état from the government, which, by trying to eliminate one of the three powers of the State, transforms the political system from an imperfect democracy to a dictatorial regime that imposes its own laws and subjects their application to what, in its judgment, is just.
One of the most harmful effects of this change is the disappearance of citizens’ right to defend themselves against the arbitrariness of the government, leaving them in a state of total defenselessness. This is especially true when one of the branches of government has lost its independence and is subjected to the tyrant’s whim in office. The government rules according to what pleases the ruler, and the citizen submits or suffers the consequences. As Federico Reyes Heroles writes: “Supremacy is the right word for their desire to be the supreme voice. This is how they conceive democracy.”
It will not be the first time a country devolves politically; the tragic thing is what is lost in this process: not only freedom and reputation but also the opportunity for accelerated progress in all sectors and regions, as is evident in some nations not too far away. Those who gain from this change are the leaders of the movement, who do everything to ensure its permanence. The losers are everyone else, who, oddly enough, are the majority—until they rebel.
The lack of culture on State theory**, having no idea why they are there, nor how or what they can do to move the country forward, and surrounding themselves with advisors and collaborators lacking ethics and capacity for government tasks, but always willing to please her by elaborating theories and versions that justify atrocities through sophisms and fallacies, even if they have strongly postulated just the opposite before being in that position. A state that lacks an independent judiciary, where the executive branch decides what is just, is called a dictatorship.
The unduly called judicial reform is not such; it is a hoax, and it is just revenge. It was never intended to improve the justice system to make it efficient, expeditious, and transparent. If it had been, it should have omitted pronouncements such as “justice is above the law”, arrogating to itself the power to decide what is just. In addition, they should have considered the fact that 98 percent of crimes go unpunished due to the chronic incapacity of the areas of procurement of justice, known as public ministries, which, in addition to having a hard-earned reputation for corruption, lack the preparation, incentives, training, equipment, and budgets to carry out this fundamental function in any justice system.
It is precisely these public prosecutors who are responsible for integrating the dockets that determine and prove the commission of crimes so that a judge has evidence and resolves the issue following what the law establishes. This is where the justice system begins to malfunction; when the judge receives a poorly integrated indictment dossier, lacking or deficient in evidentiary elements, they resolve based on what has been offered, and often, the result of the sentence is what clearly turns out to be an injustice.
However, for them, this is not important. All that is needed is to change how judges are chosen through an election organized by them, where the candidates, also selected by them and their accomplices, ensure that those who arrive will be neither competent nor independent but loyal to whom appointed them. That solves all the problems and ensures justice for all, according to the 4T. It doesn’t matter that they have no experience or deep knowledge of the law; an acceptable average in their school grades and five letters of good conduct from their neighbors is enough. But there should be no surprise; just look at what they have done.
He, who bragged about the disappearance of the “secret appropriation” -that the Presidency of the Republic used to manage in a discretionary manner around two billion pesos a year- issued decrees to keep secret the destination and management of trillions of pesos that were spent on all kinds of whims, under cover of the overused excuse that it was “for reasons of National Security”, in addition to disobeying regulations in the bidding of contracts, making direct assignments to relatives and accomplices in most of the public works, and before, supposedly stepping down, he promoted another constitutional reform to eliminate the autonomous institution responsible for the transparency of the use and management of public resources.
The Financial Intelligence Unit, which strictly speaking should be one of the areas of the Tax Prosecutor’s Office, became the revenge office of the Executive Power to persecute, charge, confiscate, and extort all those who are unpleasant for the administration or to collect revenge from political enemies and their close ones.
The National Guard, formed with elements of the army and navy and prepared and trained for combat, became an element of scenography that only served for parades and for the population to retaliate against them for the growing violence and insecurity they suffered. They are humiliated and mistreated when people perceive them as defenseless because of superior order. It is nonsense and an injustice to send them to patrol conflict zones with instructions not to use their weapons, which are often inferior in quality, quantity, and sophistication to those in possession of organized crime.
In addition, a considerable part of the national territory is under the control and government of organized crime, with the complacency and complicity of the three levels of government. They sometimes fight for territorial control with other cartels, and there is no need to bother them; let the strongest win, and if possible, they should try not to unnecessarily hurt the inhabitants, those who are left, those who have not emigrated to another region or to the United States to save their lives.
What a tragedy of a country. It is incredible that what is written here is only a chronicle of the daily life of a nation that has devolved into a narco-state.*** It is up to the citizens to accept being subjected to a dictatorship of thugs, or rebel and force them to correct, or to push them out to place the power in the hands of those who do have the capacity to lead the collective effort towards a sustained and equitable economic and social development.
*https://sepgra.com/mexico-no-necesita-un-nuevo-lider-sino-un-nuevo-sistema/
** A “theory of the State” is a political, philosophical concept that attempts to explain the nature, origin, and purpose of the state, analyzing how power is distributed within a society, the relationship between the state and its citizens, and the role the state plays in regulating social life, often including ideas about the best form of government and the legitimacy of state authority
*** A narco-state is a political and economic term that describes a country in which illegal drug trafficking has penetrated legitimate institutions through force, bribery, or blackmail.
SEPGRA Political Analysis Group
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