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Contemporary Constitutions and Constitutionalism in the Dominican Republic: The Basic Law Within the Political Process

Published online by Cambridge University Press:  01 July 2024

Howard J. Wiarda
Howard J. Wiarda*
Affiliation:
University of Massachusetts
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The revolution of April 1965, and the subsequent landing of United States military forces focused an enormous amount of worldwide attention on the Dominican Republic. The frequently chaotic revolution, which quickly became a civil war, was made still more confusing by reports which at one and the same time referred to one side as the “rebels” or “constitutionalists” and to the other as the “loyalists” or “anti-constitutionalists.” As the events of Dominican revolt, civil war, and United States intervention became disentangled, however, it became clear that the issue of “the constitution” and “constitutionalism” and the principles and forces of which these terms were symbols were perhaps even more important than any of the personalities or groups involved. Because many of the major conflicts seemed to revolve around questions of “constitutionalism,” a comparison and analysis of the constitutions of 1962 and 1963 may help unravel the perplexing tangle of factors which led to revolution and civil war.

Type
Research Article
Information
Law & Society Review , Volume 2 , Issue 3 , May 1968 , pp. 385 - 405
Copyright
Copyright © 1968 by the Law and Society Association.

Footnotes

Author's Note: Research for this study was undertaken with the assistance of grants from the Caribbean Research Institute of the University of Florida, the Fulbright-Hays program, and the Faculty Research Council of the University of Florida. Helpful comments on an earlier draft of this paper were offered by Iêda Siqueira Wiarda and Henry Wells. This study is part of a larger, long-range project dealing with political development in the Dominican Republic.

References

1. There is as yet no full and complete study of the revolution, though a number of such studies are currently in preparation. Several journalistic accounts have been published, as well as a variety of volumes which are aimed at promoting a particular point of view and a large number of polemical articles. See, among others, D. Kurzman, Santo Domingo: Revolt of the Damned (1965) ; J. Mallin, Caribbean Crisis: Subversion Fails in the Dominican Republic (1965); D. Melendez, Paso a la Libertad (1965); M. Niederganc, La Revolution de Saint-Domingue (1966); Center for Strategic Studies, Georgetown U., Dominican Action—1965: Intervention or Cooperation? (1966) ; T. Draper, The Dominican Crisis, XL Commentary 33-68 (Dec. 1965) ; R. A. Ferreras, Guerra Patria (1965); A. Llano Montes, Santo Domingo: Barricadas de Odios (1966); J. C. Estrella, La Revolucion Dominicana y la Crisis de la OEA (1965); N. Carlos, A Guerra da America Latina (1965); A. J. Thomas, Jr. & A. Van Wynen Thomas, The Dominican Republic Crisis 1965: Legal Aspects (New York: The Association of the Bar of the City of New York, The Hammerskjold Forums, 1966); and D. Brugal Alfau, Tracedia en Santo Domingo (1966).

2. On the role of the constitution within the political process see L. P. Beth, Politics, The Constitution, and the Supreme Court (1962); and Constitutional Law in the Political Process (J. R. Schmidhauser ed. 1963). For comparative perspective, see H. Finer, The Theory and Practice of Modern Government (1961); C. J. Friedrich, Constitutional Government and Democracy (1950); K. Loewenstein, Political Power and the Governmental Process (1957); H. J. Spiro, Government by Constitution (1959) ; and G. Sartori, Constitutionalism: A Preliminary Discussion, LVI Amer. Pol. Sci. Rev. 853-64 (Dec. 1962). For Latin America, see J. L. Mecham, Latin American Constitutions: Nominal and Real, XXI J. of Pol. 258-75 (May 1959); and J. L. Busey, Observations on Latin American Constitutionalism, XXIV The Americas 46-66 (July 1967).

3. See Constitucion Politica: Reformas Constitucionales (Santiago de los Caballeros: Official Publication, 1944).

4. On this point see M. Jorrin, Governments of Latin America 284 (1953); and Constitutions of the Americas 904 (R. H. Fitzgibbon ed. 1928).

5. S. Welles, Naboth's Vineyard: The Dominican Republic, 1844-1924, at 904 (1928).

6. A comment should be made concerning constitutional history during the long Trujillo era. Five constitutions were technically in effect during his lengthy tenure. Trujillo had become president in 1930 under a constitution promulgated the previous year. This was supplanted by another in 1934 which, in turn, was superseded by the constitutions of 1942, 1947, and 1955. Most of these changes, however, involved only minor amendments; the formal, institutional structure of government during the Trujillo era and on into 1962 remained basically the same. The texts of these constitutions may be found as follows: 1929, Constitucion de la Republica Dominicana (Santo Domingo: Imp. de J. R. vda. Garcia, 1929); 1934, Constitucion de la Republica Dominicana (Santo Domingo: La Nación, 1934); 1942, Constitucion de la Republica Dominicana (Ciudad Trujillo: Imp. de J. R. vda. García, 1942) ; 1947, Fitzgibbon, supra note 4, at 299-320; 1955, Dominican Constitution of 1955 (1958); and 1962, Constitucion de la Republica Dominicana (Santo Domingo: Sec. de Estado de Educación, Bellas Artes y Cultos, 1962). Where appropriate, the specific constitution being discussed will be referred to in the text or in the notes.

7. J. de Galindez, La era de Trujillo 189 (1956).

8. See G. Ornes, Trujillo: Little Caesar of the Caribbean 22-28 (1958). See also R. D. Crassweller, Trujillo: The Life and Times of a Caribbean Dictator passim (1966).

9. See especially articles 49 and 54 (Constitution of 1955).

10. C. A. Thomson, Dictatorship in the Dominican Republic, XII Foreign Policy Reports 33 (April 15, 1936).

11. Ornes, supra note 8, at 26-27.

12. Galindez, supra note 7, at 193-95.

13. Ornes, supra note 8, at 260. See also Crassweller, supra note 8; and C. O. Porter & R. J. Alexander, The Struggle for Democracy in Latin America 147-48 (1961).

14. Galindez, supra note 7, at 235.

15. Id., at 210-18; and T. Draper, Trujillo's Dynasty, V The Reporter 20-26 (Nov. 27, 1951).

16. Ornes, supra note 8, at 255 and Galindez, supra note 7, at 240.

17. The text of the Concordat is in Z. Castillo de Aza, Trujillo y otros benefactores de la iglesia 239-57 (1961). See also H. J. Wiarda, The Changing Political Orientation of the Church in the Dominican Republic, VII A J. of Church and State 238-54 (Spring 1965).

18. Reports of some of the campaigns and elections may be found in A. H. Sinks, Trujillo: Caribbean Dictator, V Amer. Mercury 167 (Oct. 1940) ; 0. Hardy, Rafael Leonidas Trujillo Molina, XV Pacific Historical Rev. 409-16 (1946) ; E. Gruening, Dictatorship in Santo Domingo: A Joint Concern, CXXVIII The Nation 584 (May 23, 1934) ; C Beals, Caesar of the Caribbean, XLVIII Current History 33 (Jan. 1938) ; A. C. Hicks, Election Day in Santo Domingo, CLXIV The Nation 543-44 (May 10, 1947) ; and J. de Galindez, Un reportaje sobre Santo Domingo LXXX Cuadernos Americanos [Mexico] 37-56 (Mar.-Apr. 1955). The official electoral returns may be found in the Gaceta Oficial.

19. J. B. Blandford, Public Administration in Latin America 34-35 (1955) ; and Galindez, supra note 7, at 241.

20. For a more complete analysis of these controls and their implications both for the Dominican Republic and for the theory of dictatorship, see H. J. Wiarda, Dictatorship and Development: The Methods of Control in Trujillo's Dominican Republic (Gainesville: University of Florida Press, forthcoming).

21. For example, the Trujillo constitution contained an article calling for the development and beautification of the capital, Ciudad Trujillo (formerly Santo Domingo, the oldest city in the New World), which the dictator had caused to be renamed after himself. The comparable article in the new 1962 constitution was changed so that it called for the development and beautification of all the cities of the country.

22. See Henry Wells, The OAS and the Dominican Elections, VII Orbis 150-63 (Spring 1963) and J. B. Martin, Overtaken by Events: The Dominican Crisis From the Fall of Trujillo to the Civil War 156-61 (1966).

23. The debate on the constitution may be followed daily in the Dominican press, especially during the summer of 1962. Particularly valuable in gauging this rising public sentiment are the party newspapers of the Left opposition: El 1J4, Tribuna Democrdtica, El Radical, PNR, and El Popular.

24. The best source on the Council's rule is Martin, supra note 22, at pt. 1. See also R. Evans, Jr., First Steps in Dominican Democracy, XXVIII The Reporter 21-23 (January 3, 1963) ; J. Buchanan, Dominican “7” Caught in Crossfire, Miami Herald (May 12, 1962, §A, at 1) ; and Tad Szulc, Trujillo's Legacy: A Democratic Vacuum, N. Y. Times, Sept. 2, 1962 (Magazine), at 9ff.

25. Quoted in J. Losada, Juan Bosch entre dos fuegos, 25 Vision [Mexico], 22-23 (May 31, 1963).

32. The text is in El Caribe, January 31, 1963, at 2. See also Kurzman, supra note 1, at 92.

33. The text is in El Caribe, Feb. 5, 1963, at 1. See also J. R. Hernández, El porte de la Libre Empresa, El Caribe, Jan. 31, 1963, at 6.

34. The text is in El Caribe, Feb. 10, 1963, at 10-11.

35. The text is in El Caribe, April 13, 1963, at 13. See also Partido Demochata Cristiano, Un Informe: Seis Meses de Gobierno, 27 de Febrero-27 de Acosto, 1963, at 4 (1963).

36. Though the constitutional status of the armed forces was basically unchanged in the 1963 constitution, the military was equally apprehensive concerning the Bosch regime and were clearly influenced by the constitutional arguments put forth by the other opposition groups. The White Book which the armed forces issued to justify the coup included documents from both the Church and business-agricultural leaders criticizing the constitution, for example; and the military was decidedly exorcised by many of the same issues that preoccupied the other more traditional groups. See Libro Blanco de las Fuerzas Armadas y de la policia nacional de la Republica Dominicana: Estudios y pruebas documentales de las causas de Movimiento Reivindicador del 25 de Septiembre de 1963, esp. 144-46 and 189-91 (1964).

37. See H. J. Wiarda, Trujilloism Without Trujillo, CLI The New Republic 5-6 (Sept. 19, 1964) ; and republished in Spanish as Trujillismo sin Trujillo, 15 Panoramas [Mexico] 4-7 (May-June 1965).

38. See the many declarations of the two sides as published in their newspapers, especially La Natión and Patria of the “constitutionalists”; as well as Szulc, Dominican Diary, supra note 24, passim; L. Winfrey, Constitution Key to Dispute, Miami Herald, June 20, 1965, §A, at 17; and D. Kurzman, Dominican Constitutionalism, XLIX The New Leader 9-10 (July 18, 1966).

39. See Brugal, supra note 1, passim. Brugal was public relations director for the Imbert “Government of National Reconstruction,” and his book contains a number of valuable, previously unpublished documents.

40. U.S. Ambassador to the OAS Ellsworth Bunker, who headed the OAS Commission in the Dominican Republic seeking to resolve the political impasse, at one time stated that this was the thorniest problem he had worked on in his long diplomatic career. On the negotiations carried out during the summer of 1965 to try to reach a compromise solution see the paper in preparation by A. F. Lowenthal of Harvard University.

41. The text of the Institutional Act is in N. Y. Times, September 1, 1965, at 10.

42. Listin Diario, June 11, 1966, at 1.

43. See especially M. Bobea Billini, Como será Elaborada la nueva Constitutión de la República?, El Caribe, March 12, 1966, §A, at 14; La Nueva Constitutión, El Caribe, June 13, 1966, at 8; and El Caribe, October 8, 1966, §A, at 1. Additional discussion of the new constitution may be found in the major Dominican newspapers during the last six months of 1966.

44. See El Caribe, October 15, 1966, at 1. The text of a communique issued by the minority party explaining the reasons for the walkout may be found in the same source, at 20.

45. See the reports of Balaguer's speech to the nation in El Caribe and Listin Diario, December 6, 1966, at 1. See also F. C. Alvarez, La Constitutión del. Estado Según la ve El Presidents, El Caribe, December 10, 1966, §A, at 14.

46. The text of the new constitution may be found in Listín Diario, November 29, 1966, at 8-10.