By Telli C Rajaratnam –
Dr. Telli C Rajaratnam
Will of the people is the Grund norm of the Constitution; In defence of 18th Amendment to the Constitution
Stability of Government is a sine qua non for development and rapid economic progress. A classic example is Singapore. Singapore has been successful due to political stability. Lee Kuan Yew served as Prime Minister of Singapore from 1959 to 1990.
In 1783, the Treaty of Paris left the United States independent and at peace, but with an unsettled governmental structure. The Second Continental Congress had drawn up the Articles of Confederation in 1777, describing a permanent confederation, but granting to the Congress – the only federal institution – little power to finance itself or to ensure that its resolutions were enforced. In part, this reflected the anti-monarchy view of the Revolutionary period and the new American system was explicitly designed to prevent the rise of an American tyrant.
However, during the economic depression due to the collapse of the continental dollar following the American Revolution, the viability of the American Government was threatened by political unrest in several states, efforts by debtors to use popular government to erase their debts and the apparent inability of the Continental Congress to redeem the public obligations incurred during the war.
The Congress also appeared unable to become a forum for productive cooperation among the States encouraging commerce and economic development. In response, the Philadelphia Convention was convened, ostensibly to devise amendments to the Articles of Confederation, but which instead began to draft a new system of government that would include greater executive power while retaining the checks and balances thought to be essential restraints on any imperial tendency in the office of the President.
The United States of America – Founding Fathers
Individuals who presided over the Continental Congress during the Revolutionary period and under the Articles of Confederation had the title ‘President of the United States in Congress Assembled’, often shortened to ‘President of the United States’. However, the office had little distinct executive power.
With the 1788 ratification of the Constitution, a separate executive branch was created, headed by the ‘President of the United States’. This new Chief Executive role no longer bore the duties of presiding over Congress in a supervisory role, but the title ‘President’ was carried over nevertheless.
This title was a major understatement of the actual role empowered to the office by the Constitution and this choice of words can be seen as a deliberate effort by the Founding Fathers to prevent the Head of State position from evolving toward becoming a monarchical position, with the accompanying potential for abuse of such power.
Executive privilege gives a President the ability to withhold information from Congress and federal courts in matters of national security. George Washington first claimed privilege when Congress requested to see Chief Justice John Jay’s notes from an unpopular treaty negotiation with Great Britain. While not enshrined in the Constitution, or any other law, Washington’s action created the precedent for the privilege.
When Richard Nixon tried to use executive privilege as a reason for not turning over subpoenaed evidence to Congress during the Watergate scandal, the Supreme Court ruled in United States v. Nixon, 418 U.S. 683 (1974), that executive privilege did not apply in cases where a President was attempting to avoid criminal prosecution. When President Bill Clinton attempted to use executive privilege regarding the Lewinsky scandal, the Supreme Court ruled in Clinton v. Jones, 520 US 681 (1997), that the privilege also could not be used in civil suits. These cases established the legal precedent that executive privilege is valid although the exact extent of the privilege has yet to be clearly defined.
Eligible person
In accordance to the Twenty-second Amendment, no eligible person can be elected President more than twice. The Twenty-second Amendment also specifies that if any eligible person who serves as President or acting President for more than two years of a term for which some other eligible person was elected President, the former can only be elected President once. Scholars disagree whether anyone no longer eligible to be elected President could be elected vice president, pursuant to the qualifications set out under the Twelfth Amendment.
Franklin D Roosevelt was elected to four terms before the adoption of the Twenty-second Amendment. Franklin Delano Roosevelt (January 30, 1882 – April 12, 1945), commonly known by his initials FDR, was an American statesman and political leader who served as the 32nd President of the United States. A Democrat, he was elected four times and served from March 1933 to his death in April 1945. He was a central figure in world events during the mid-20th century, leading the United States during a time of worldwide economic depression and total war. A dominant leader of the Democratic Party, he built a New Deal Coalition that realigned American politics after 1932, as his New Deal domestic policies defined American liberalism for the middle third of the 20th century.
The term of office for President and Vice President is four years. George Washington, the first President, set an unofficial precedent of serving only two terms, which subsequent presidents followed until 1940.
Before Franklin D. Roosevelt, attempts at a third term were encouraged by supporters of Ulysses S. Grant and Theodore Roosevelt; neither of these attempts succeeded. In 1940, Franklin Roosevelt declined to seek a third term, but allowed his political party to ‘draft’ him as their Presidential candidate and was subsequently elected to a third term. In 1941, the US became involved in World War II, which later led voters to elect Roosevelt to a fourth term in 1944.
After the war, and in response to Roosevelt’s shattering of precedent, the Twenty-second Amendment was adopted. The amendment bars anyone from being elected President more than twice, or once if that person served more than half of another President’s term. Harry S. Truman, who was President when the amendment was adopted, and so by the amendment’s provisions exempt from its limitation, also briefly sought a third (a second full) term before withdrawing from the 1952 election.
Since the amendment’s adoption, four Presidents have served two full terms: Dwight D. Eisenhower, Ronald Reagan, Bill Clinton and George W. Bush. Jimmy Carter and George H. W. Bush sought a second term, but were defeated.
Richard Nixon was elected to a second term, but resigned before completing it. Lyndon B. Johnson was the only President under the amendment to be eligible to serve more than two terms in total, having served for only fourteen months following John F. Kennedy’s assassination. However, Johnson withdrew from the 1968 Democratic Primary, surprising many Americans by stating, “I shall not seek and I will not accept, the nomination of my party for another term as your President.” Gerald Ford sought a full term, after serving out the last two years and five months of Nixon’s second term, but was not elected.
Singapore
Singapore is a classic example of economic and democratic success by political stability. Singapore has been successful due to political stability .Lee Kuan Yew served as Prime Minister of Singapore from 1959 to 1990.
Sri Lanka
An unusual position has arisen in Sri Lanka where more opposition members have extended their support to President Mahinda Rajapaksa. The people from the West, South, North and the East have repeatedly acknowledged the leadership of this remarkable President who has the charisma to convince even his strongest opponents.
Towards political stability, economic growth
The 18th Amendment to the Constitution is a brilliant move for political stability. Even in Singapore, there were criticisms by disgruntled politicians about Lee. But time has proved that it was effective having the same Leader over a period of time. President Mahinda Rajapaksa is the only leader in Sri Lanka at this moment who could direct the Nation towards economic prosperity and development.
President Mahinda Rajapaksa
Through the experience he gained through many political tidal waves and his survival to become the Leader of the Nation.He thinks very hard before he makes decisions, once made he will justify his cause with his skills of advocacy which has won over his opponents.
Never in the political history of any country has so many Opposition members joined and supported the President whom they once opposed.
Amidst the turbulent waves of politics and the intricacies of conspiracies by vested interests President Mahinda Rajapaksa was re-elected as the President of the Democratic Socialist Republic of Sri Lanka for a second term. The Victor is President Mahinda Rajapaksa.He is justified to seek a third term by virtue of the 18th amendment to the Constitution.
The victory was inevitable due to the patriotic deeds of the President and the victorious are the Nation as a whole.
Saviour of the Nation
Thousands of men, women and children driven from their lands have returned home. The demands of an outraged community have been met. We have achieved a victory for a safer world, for our democratic values and for a stronger Sri Lanka.
We fought and liberated the people held in hostage, what we achieved and what we have to do now to advance the peace and together with the people, forge a future of freedom, progress and harmony. This can be done only under the leadership of President Mahinda Rajapaksa.
The terrorists were the cause for men of all ages separated from their loved ones killed and forced to join the terrorists, children made to watch their parents die; a whole people forced to abandon in hours communities their families had spent generations building.
Liberation of a Nation
When our diplomatic efforts to avert this horror with the LTTE were rebuffed, and the violence mounted, the President took affirmative action. Now the people are free, the roads that were closed for years have opened, the people have been liberated.
The schools have been re-opened, they have freedom to shape their destiny. No more nights of hiding in bunker cellars, wondering if the next day will bring death or deliverance.
Unitary State
Now, all communities must join hands in unity and assist President Mahinda Rajapaksa to continue the development work.Finally, we have averted the wider war this conflict might well have sparked. Now, we’re entering a new phase – building that peace – and there are formidable challenges, the foremost among them is the stability of leadership and the Government.
Development
We must build and develop our country. For that to happen, the European Union must plan for tomorrow, not just today.
Our friends the United States, China, India and the United Kingdom must assist us in our endeavour. They must provide most of the resources for this effort, but it is in Sri Lanka’s interest to do our part as well.
We must pave a path to a prosperous shared future, a unifying magnet more powerful than the pull of hatred and destruction that has threatened to tear us apart.
Tolerance and freedom
President Mahinda Rajapaksa represents tolerance and freedom, not repression and terror. As such every individual or group which transgresses these ideals should be dealt with by the Laws of the land.
President and The Nation
We have sent a message of determination and hope to the entire world. Think of all the millions of innocent people who died in this bloody century because democracies reacted too late to evil and aggression. Because of our resolve, the past is gone not with helpless indignation, but with a hopeful affirmation of human dignity and human rights for the 2010.
In a world too divided by fear among people of different racial, ethnic and religious groups, we have given confidence to the friends of freedom and pause to those who would exploit human difference for inhuman purposes.
Sri Lanka still faces great challenges in this world, but we look forward to meeting them.
We must stand united as Patriots of Sri Lanka to support and defend President Mahinda Rajapaksa and support the 18th Amendment to the Constitution.
Piranha / October 9, 2014
This man wants to defend a corrupt, mass murdering thug who in fact needs to be in prison with a death sentence. Telli Rajaratnam used to be a side kick of the other thug Devananda and we all know that man’s track record is. These paid up members of the Rajapaksa cheer club are coming out of their slumber that a residential electin is around the corner. The CT should not give publicity for these types of shameless characters.
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gamini / October 9, 2014
If VP was not killed when he tried to surrender, VP too would have said the same as this stupid man, after helping MR to become President. Now see KP what a lamb he is?
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Salted Filsh / October 11, 2014
‘This man wants to defend a corrupt’. Leave aide defending the corrupt. This man Thellipalai Rajaratnam is a [Edited out].
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Thalaivar / October 9, 2014
A good Tamil. A rare find.
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Lanka Liar / October 9, 2014
[Edited out]
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Sylvia Haik / October 9, 2014
Thalaivar, don’t be facetious. I have many Tamil friends and they are all decent people. You should go out more.
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K.A Sumanasekera / October 10, 2014
KP is Most probably a Dalit or at least he is committed to help the Dalits to catch up with at least some of the loss ground while serving the ex Leader.
And KP knows well that the new Leader/ Leaders who have taken over, never lived with the Dalits then or ever and didn’t lose any ground or real estate in Colombo.
Although they now pay homage to Praba and collect the Dalit vote.
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Tamil from the north / October 11, 2014
Hey sumanasekaram, what the heck are you talking about? What happened to you when you were young, your girlfriend dumped you for rickshaw driver?
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Abhaya / October 9, 2014
Agreed , now the CT pundits will try to find out if the author got a laptop from MR .
cheers
Abhaya
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Supun Jayawardhana / October 9, 2014
How many more days you would go on licking the back sides of Rajapakshes is questionable. There are more of you in the country – that is why we the average have to face all kind of harasment today. Thanks you the idiots.
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Abhaya / October 9, 2014
Turd Sapun
I dont even live in Sri Lanka , to get any benifits from the Rajapakses or any one else . you are the fools that lick ranils balls . Idiot
Cheers
Abhaya
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Anti_AbhayaSRILANKEN / October 10, 2014
Thanks god.
Had you been in the country, things would have been shaped up by your mediation even worst. Jarapakshes and their criminals like you belong to jails not deserve scot free. Born ballige puthas may know nothing but supproting Rajapakshe to rape even our families – by giving an another mandate. Ranil is a decent and patient well brought up person. His patience and uncorrupted nature will earn greater respect. The Rajapaskhe village morons have nothing in their heads than looting the tax payers funds of the island nation. No shame at all. Nonis is assulated, tomorrw that can happen to your wife. That is how they have introduced that cutlure to every corner of the island today.
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Ebola da Silva / October 9, 2014
The person who is named as his father in the Birth Certificate was a thorough Gent.The rRegistrar of Births would have made a mistake.These things are known to happen
Forget this joker.He lives on the crumbs thrown off the table.
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Siva 2007 / October 9, 2014
Uvindu Kurukulasuriya’s article on 28 May 2011. Just got it from a friend – it is a must read item!!!
‘We can fix cases, we can free people’ – Mahinda Rajapaksa
http://transcurrents.com/news-views/archives/824
Here are a few highlights:
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It is pretty sure that the “top Army Officer” must be former Army commander general Sarath Fonseka. Until he stood against the Rajapakses in late 2009 he was a pet of this regime. Nobody was arrested apart from a village boy who had stolen Lasantha’s mobile phone but, soon after Fonseka join the opposition a bunch of army intelligence personnel were arrested. Killing Lasantha was clearly a political decision and not just an Army commander’s decision. Now the Rajapakses are trying to fix General Fonseka for the Lasantha killing.
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The President’s first query was directed to the Deputy Solicitor General in charge of the Tissainayagam case. The DSG said that the grounds for prosecution were poor. The President ordered him to prosecute regardless. The DSG in charge of the ACF case (The gruesome execution-style murders of 17 aid workers with the French organisation Action Contre La Faim in 2006) was asked about the case. The DSG replied that there were two strong witnesses in Australia. Presdient Rajapakse’s younger brother Senior presidential advisor Basil Rajapakse who was present then inquired whether people in Australia died in road accidents?
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Whether people in Australia die in road accidents?
What happened to the ACF case? On the 4th of August 2006 at around 4.15pm, one Muslim and 16 Tamil ACF aid workers were forced to their knees, begging for their lives, and shot execution style at point blank range in their office compound in Mutur.The victims of this crime were not caught in cross fire, killed accidently or mistaken for combatants in the midst of an encounter. They were sought out and murdered. Available evidence points to the responsibility of police officers and Muslim home guard members who have acted in the presence of Sri Lankan Army commandos.
In this, or any premeditated crime of this nature, the State has a responsibility to independently determine the facts of the case and the identity of the perpetrators. The Government has not only failed to fulfill this duty, it has obstructed efforts to do so through the Presidential Commission of Inquiry.
The government made sure there was no proper witness protection in place. It changed its earlier identification of a 5.56 mm bullet involved. The presidential order to stop video conferencing of testimony by witnesses who had to flee the country was another blatant move to suppress the truth. The police investigation unit of the Commission of Inquiry came to function as an intimidation unit towards the witnesses, making sure that the truth was suppressed.
Even before the Commission of Inquiry was constituted, several arms of the state including the Judicial Service Commission undermined a proper inquiry, including by replacing the sitting Magistrate (a Tamil, who was replaced by a Sinhalese) just prior to his announcing the findings of his inquest. After the Commission of Inquiry was formed, the Attorney General’s office along with the defence lawyers continued to work as a team to discredit any information which might point towards the real culprit. The role of AG’s office was questioned by the IIEGP (International Independent Group of Eminent Persons, mandated to observe the work of the Commission of Inquiry) but their concern was discarded.
On July 21, 2009 the Chairman of the Commission of Inquiry, Justice Udalagama told The Daily Mirror, Sri Lanka that ‘the use of video conferencing was essential to hear evidence from the witnesses abroad but this practice was stopped by a Presidential directive’.
The Commission of Inquiry ceased with a whimper in mid 2009. According to the Chairman, the culprits in the ACF case were not identified because he ‘ran out of funds’. However this admission has not prevented the Government from coercing the family members to sign documents stating that they “agree with the findings of the Commission that the deaths were caused by the LTTE. ( See UTHR-J Special Report No.33 )
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So those who do not want to believe what other civil society organizations say could always read what the Jaffna University Teachers for Human Rights says about the ACF case and which organisation has been given a stamp of approval by Wijesinha himself. You could find them at http://www.uthr.org.
It is in this context that the latest drama regarding Editor Lasantha Wickrematunge’s murder investigation should be viewed.
And these are examples of the shocking extent of President Rajapakse’s arbitrary power the president boasted to me of when he told me, “We can fix cases and we can free people.” The case reveals the mindset behind the repression. If the trend continues, in the end there will be no standards or laws the citizen and communities could appeal to.
Anarchy is complete where truth loses all meaning and the state itself incapable of rationality and foresight. The end of war rather than marking a return to normality or better yet an opportunity to improve inter ethnic relations and justice in Sri Lanka appears to have been only another political milestone for chauvinistic, kleptocratic and authoritarian elements in power. courtesy: Lanka Independent
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thrishu / October 9, 2014
Bull shit. Not my support until he gets rid of such banana skins like SVG, Kudu Duminda, fake lawyer AbNormal, and all the hangers on living off the state like Rockefellers. I am totally put off by the regime lately and the way it conducts itself.
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Lanka Liar / October 9, 2014
One good thing with MR is he never let people down. Look at Karuna KP Pillaiyan even a cat for that matter. So Raja Rat, Raja P will look after you too.
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Mallaiyuran / October 9, 2014
Defense department having a problem. Even after handing out Laptops, no writers there to write something.
They started to write that the American constitution is failing them. But in the middle they lost the focus and got into something else. A land of jungles and thick forests is ruling the world for 200 years after that constitution. 2500 years…….
Instead of this failing attempt of Tenalli Rajaratman, Kudu vase path is better.
“If you can’t bend(by talk) them, beat them!”
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Sri Lankan Reader / October 9, 2014
Dear Editor of CT
I know that your website is free and fair for all to share their thoughts. But honestly this kind of 3rd rated journalistic attempt by Mr. Rajaratnam only devalues your purpose in maintaing standards. People who want to be recognised by the Rajapakase’s are making use of your site as a platform for acceptance by the ruling family. You are only giving them the oxygen they need to thrive in MaRa land.
These are turncoats who will change colour when another government comes into power. So please be mindful that we your readers visit your site to read good articles even if they favour this government. But such articles must have style and depth and not amateurish writing like this one which not only lacks constructive opinion but is laced with an objective for handouts from MR & Co. Such is the state of our country.
Reader of CT
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Lanka Watch / October 9, 2014
“Telli” Rajaratnam in fact comes from Tellippalai, in Jaffna district
and he calls himself as Telli Rajaratnam, This is the village where
SJV Chelva’s family and his in laws Barr Kumarakulasinghe’s lived for ages. Telli has brought disrespect to this great undisputed leader of
the N/E Tamils, and he is still revered by the people for his belief in “Ahimsa” . Tellippalai people must be ashamed of this man,who looks
for the crumbs falling from the govt. hands but not interested in the future of the Tamils.
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george jilmart / October 9, 2014
Patriotism is the last resort of dictators you idiot. Keep up the good work of sucking up to despots, maybe you will be rewarded with used condoms from the great MARA.
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Ranjith / October 9, 2014
What is the difference between Telli Rajarathna, Dounglas Devanantha, Karuna and KP ? They are all the mouth pieces of Mara propaganda machine. They will sing Mara songs much more louder than a die hard Sinhala Mara supporter. That is their job. They have to work for their money.
No point in getting upset on them. Simply doing their job.
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thris / October 10, 2014
Only a couple of years ago this guy was writing on lanka web that the master he was trying canvass for here, was not following his advice, was not giving him an audience, was surrounding himself with criminal paternity advisors, and that the writer was fed up to his teeth by the way he was sidelined, and that he was returning to his corner in Australia or some cubby-hole. Now he resurfaces to start campaigning for the master rat. I wonder how much money changed hands. I will not trust such turncoats.
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K.A Sumanasekera / October 10, 2014
Telli Rajaratnam who I am told is from the real Vellala stock and has an impeccable background.
With his unbiased thinking which is totally focused on the welfare and well being of the inhabitants, and mainly their Economic well being, is the ideal CC for the inhabitant Tamil population.
He would able to unite the thinking Tamils from Vellalas with the Dalits and form a fair dinkum formidable Opposition .
Such an Opposition will have full respect and support of the great majority of the inhabitant population who are Economically as badly placed as the great Majority of the Dalit population.
Therefore it will be a natural fit.
And who ever comes to power from the two major parties could work productively with such an Opposition, to lift the living standards of the poor by tapping in to aid and assistance fro any willing nations of the world, without them pulling strings to fulfil their needs, rather than those of the inhabitants.
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Salted Fish / October 12, 2014
K.A Sumanasekera
Kettle calling the frying pan black. You and Telli are of the same mould.
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Navin / November 29, 2014
There is no need for enemies to cause the damnation of President Mahinda Rajapaksa when he has friends like the Doctor of Deceit Telli C Rajaratnam.
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