824.00/1974: Telegram
The Chargé in Bolivia (Woodward) to the Secretary of State
[Received March 30—12:18 a.m.]
763. Reference Department’s 361, March 28, 6 p.m. In response to question 1 the Junta’s decree convoking elections for a Constitutional Convention is not based on any specific provision in any Bolivian Constitution although all Bolivian Constitutions have convoked contemplated elections. In order to give this matter proper perspective it should be mentioned that this executive decree calling for elections for a Constitutional Convention is more firmly a part of Bolivian political tradition than any constitution. Since the promulgation of the first Bolivian Constitution on November 19, 1826 which was presented personally by Bolivar there have been 12 complete new Constitutions but there have been a great many more Constitutional Conventions. These Conventions have either issued a new Constitution or have confirmed or modified the most recent Constitution at the time. Election of the Bolivian President by these Conventions has been more frequent than direct election.
In response to question 2 article I of the Statute Government issued December 22, 1943 (see page 4 of memorandum enclosed with this Embassy’s despatch 3163 of February 15, 194471) stated that the Constitution of 1938 was in full effect but other articles such as article V indicate the fundamental Bolivian attitude toward the written Constitution. Bolivian Governments have rarely permitted the written Constitution at the time to be an obstacle to any action they have considered expedient, for example, Peñaranda’s action on April 7, 1943 in declaring that a state of war existed with the Axis Powers.
- Not printed.↩