Here is what the elected representatives of the Chilean people said on August 22, 1973 in an official protest against the dictatorship of Allende.
Chile’s Chamber of Deputies approved this text by 81 votes against 47, on August 22 1973.
August 22, 1973
The Resolution
Considering:
1. That for the Rule of Law to exist, public authorities must carry out their activities and discharge their duties within the framework of the Constitution and the laws of the land, respecting fully the principle of reciprocal independence to which they are bound, and that all inhabitants of the country must be allowed to enjoy the guarantees and fundamental rights assured them by the Constitution;
2. That the legitimacy of the Chilean State lies with the people who, over the years, have invested in this legitimacy with the underlying consensus of their coexistence, and that an assault on this legitimacy not only destroys the cultural and political heritage of our Nation, but also denies, in practice, all possibility of democratic life;
3. That the values and principles expressed in the Constitution, according to article 2, indicate that sovereignty resides essentially in the Nation, and that authorities may not exercise more powers than those delegated to them by the Nation; and, in article 3, it is deduced that any government that arrogates to itself rights not delegated to it by the people commits sedition;
4. That the current President of the Republic was elected by the full Congress, in accordance with a statute of democratic guarantees incorporated in the Constitution for the very purpose of assuring that the actions of his administration would be subject to the principles and norms of the Rule of Law that he solemnly agreed to respect;
5. That it is a fact that the current government of the Republic, from the beginning, has sought to conquer absolute power with the obvious purpose of subjecting all citizens to the strictest political and economic control by the state and, in this manner, fulfilling the goal of establishing a totalitarian system: the absolute opposite of the representative democracy established by the Constitution;
6. That to achieve this end, the administration has committed not isolated violations of the Constitution and the laws of the land, rather it has made such violations a permanent system of conduct, to such an extreme that it systematically ignores and breaches the proper role of the other branches of government, habitually violating the Constitutional guarantees of all citizens of the Republic, and allowing and supporting the creation of illegitimate parallel powers that constitute an extremely grave danger to the Nation, by all of which it has destroyed essential elements of institutional legitimacy and the Rule of Law;
7. That the administration has committed the following assaults on the proper role of the National Congress, seat of legislative power:
a) It has usurped Congress’s principle role of legislation through the adoption of various measures of great importance to the country’s social and economic life that are unquestionably matters of legislation through special decrees enacted in an abuse of power, or through simple "administrative resolutions" using legal loopholes. It is noteworthy that all of this has been done with the deliberate and confessed purpose of substituting the country’s institutional structures, as conceived by current legislation, with absolute executive authority and the total elimination of legislative authority;
b) It has consistently mocked the National Congress’s oversight role by effectively removing its power to formally accuse Ministers of State who violate the Constitution or laws of the land, or who commit other offenses specified by the Constitution, and;
c) Lastly, what is most extraordinarily grave, it has utterly swept aside the exalted role of Congress as a duly constituted power by refusing to enact the Constitutional reform of three areas of the economy that were approved in strict compliance with the norms established by the Constitution.
8. That it has committed the following assaults on the judicial branch:
a) With the goal of undermining the authority of the courts and compromising their independence, it has led an infamous campaign of libel and slander against the Supreme Court, and it has sanctioned very serious attacks against judges and their authority;
b) It has made a mockery of justice in cases of delinquents belonging to political parties or groups affiliated with or close to the administration, either through the abusive use of pardons or deliberate noncompliance with detention orders;
c) It has violated express laws and utterly disregarded the principle of separation of powers by not carrying out sentences and judicial resolutions that contravene its objectives and, when so accused by the Supreme Court, the President of the Republic has gone to the unheard of extreme of arrogating to himself a right to judge the merit of judicial sentences and to determine when they are to be complied with;
9. That, as concerns the General Comptroller’s Office—an independent institution essential to administrative legitimacy—the administration has systematically violated decrees and activities that point to the illegality of the actions of the Executive Branch or of entities dependent on it;
10. That among the administration’s constant assaults on the guarantees and fundamental rights established in the Constitution, the following stand out:
a) It has violated the principle of equality before the law through sectarian and hateful discrimination in the protection authorities are required to give to the life, rights, and property of all inhabitants, through activities related to food and subsistence, as well as numerous other instances. It is to note that the President of the Republic himself has made these discriminations part of the normal course of his government by proclaiming from the beginning that he does not consider himself the president of all Chileans;