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[[Image:VERY awesome flag.PNG|125px]] | [[Image:VERY awesome flag.PNG|125px]] | ||
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+ | ==<center>'''TITLE I'''</center>== | ||
+ | <center>Sole Chapter<br><u>Fundamental Statements</u></center> | ||
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+ | <u>Article 1.</u> The Republic of _____ is irrevocably and forever free and independent from any domination or protection by a foreign power. | ||
+ | |||
+ | <u>Article 2.</u> It shall never be the patrimony of any person or of any family. | ||
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+ | <u>Article 3.</u> The government of the Republic of _____ is and always shall be democratic, representative, responsible, and alternating. | ||
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+ | <u>Article 4.</u> Political power resides in the people, who exercise it directly through election, initiative, and referendum, and indirectly through their representatives in the government of the State. | ||
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+ | <u>Article 5.</u> No person or assembly of persons has authority to arrogate the title or representation of the people, to usurp its rights, or to make demands in its name. Violation of this precept constitutes a crime. | ||
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+ | <u>Article 6.</u> The government of the Republic is exercised by the legislative branch, the executive branch, and the judicial branch. | ||
+ | |||
+ | <u>Article 7.</u> In the organization of the powers and institutions of the State, the principle of minority representation is established. | ||
+ | |||
+ | <u>Article 8.</u> The branches of the government shall function harmoniously in accomplishing the aims of the State. In the exercise of their particular functions, they are limited and independent. | ||
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+ | <u>Article 9.</u> No magistracy, or person, or assembly of persons, not even under the pretext of extraordinary circumstances, is empowered to assume any other authority or rights than those that have been expressly conferred upon them by the laws. Every act in contravention of this article is void. | ||
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+ | <u>Article 10.</u> Spanish is the national and official language of the State. | ||
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+ | <u>Article 11.</u> The State has no official religion. | ||
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+ | <u>Article 12.</u> The city of _____ is the capital of the Republic and the permanent seat of the branches of the government. | ||
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+ | <u>Article 13.</u> This Constitution is the supreme law of the Nation. The treaties, conventions, and other international agreements ratified and exchanged, and the laws, make up the national positive law, in the order of precedence in which they are listed. | ||
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+ | <u>Article 14.</u> The Republic recognizes the principles of international law; it condemns wars of aggression or of conquest and any form of colonialism or imperialism; it accepts the pacific settlement of international disputes by juridical means; and it proclaims its respect for human rights and the sovereignty of peoples. It hopes to live in peace with all nations and to maintain friendly cultural and trade relations with them on the basis of juridical equality, of nonintervention in internal affairs, and of the self-determination of peoples. The Republic may become a party to international multilateral systems of development, cooperation, and security. | ||
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+ | <u>Article 15.</u> Navigation on the international rivers is free to ships of all flags. It shall also be free on internal rivers, subject to any regulations issued by the competent authority. | ||
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+ | <u>Article 16.</u> The principles, guarantees, rights, and obligations established in this Constitution may not be altered by the laws that regulate their exercise. Any law, decree, regulation, or other act of authority that is contrary to its provisions is null and void. | ||
==<center>'''TITLE II'''</center>== | ==<center>'''TITLE II'''</center>== | ||
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<u>Article.</u> The legislative power shall be exercised by a Congress composed of two chambers: the Chamber of Deputies and the Senate. | <u>Article.</u> The legislative power shall be exercised by a Congress composed of two chambers: the Chamber of Deputies and the Senate. | ||
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+ | <u>Article.</u> In elections of deputies and senators a method shall be used, that, in practice, will result in giving an effective proportionality in representation to opinions and to political parties. | ||
<u>Article.</u> Deputies and senators represent the nation and are not subject to any imperative mandate. | <u>Article.</u> Deputies and senators represent the nation and are not subject to any imperative mandate. | ||
- | <u>Article.</u> Deputies and senators, and their alternates, shall hold office for | + | <u>Article.</u> Regular elections for members of Congress shall be held simultaneously with those for President of the Republic. |
+ | |||
+ | <u>Article.</u> Deputies and senators, and their alternates, shall be elected to hold office for five years, and may be reelected. | ||
<u>Article.</u> In being sworn into the chambers, the deputies and senators shall take an oath to fulfill their offices faithfully and patriotically, and to act in every respect in conformity with the provisions of this Constitution. | <u>Article.</u> In being sworn into the chambers, the deputies and senators shall take an oath to fulfill their offices faithfully and patriotically, and to act in every respect in conformity with the provisions of this Constitution. | ||
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<br>(3) Those who administer or have administered or collected national, departmental, or municipal funds, until their accounts have been settled; | <br>(3) Those who administer or have administered or collected national, departmental, or municipal funds, until their accounts have been settled; | ||
<br>(4) Those who are part of an enterprise that operates a public service or has obtained a concession from the government, or those who are attorneys, representatives, or advisers of such an enterprise; | <br>(4) Those who are part of an enterprise that operates a public service or has obtained a concession from the government, or those who are attorneys, representatives, or advisers of such an enterprise; | ||
- | <br>(5) | + | <br>(5) Those who are members of the clergy; and |
<br>(6) Those whose citizenship rights are suspended. | <br>(6) Those whose citizenship rights are suspended. | ||
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They may also be members of technical or scientific commissions, hospital directors or physicians, lawyers or counselors of any state institution or agency of the executive branch. | They may also be members of technical or scientific commissions, hospital directors or physicians, lawyers or counselors of any state institution or agency of the executive branch. | ||
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+ | This prohibition likewise does not apply to holding the position of Minister of State. | ||
<u>Article.</u> A deputy or senator who absents himself from the country for more than thirty days without permission of the chamber to which he belongs, or in the recess thereof, of its president, shall cease to hold his office. Special laws alone can authorize an absence of more than a year. | <u>Article.</u> A deputy or senator who absents himself from the country for more than thirty days without permission of the chamber to which he belongs, or in the recess thereof, of its president, shall cease to hold his office. Special laws alone can authorize an absence of more than a year. | ||
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<u>Article.</u> Congress in separate session has the following powers: | <u>Article.</u> Congress in separate session has the following powers: | ||
- | (1) To enact | + | (1) To enact and order the publication of the Codes; |
<br>(2) To establish tribunals and regulate the administration of justice and of contentious-administrative matters; | <br>(2) To establish tribunals and regulate the administration of justice and of contentious-administrative matters; | ||
<br>(3) To examine infractions of the Constitution and do what is necessary in order to make effective the responsibility of those who infringe it; | <br>(3) To examine infractions of the Constitution and do what is necessary in order to make effective the responsibility of those who infringe it; | ||
<br>(4) To establish the political division of the territory of the Republic and the municipal organizations; | <br>(4) To establish the political division of the territory of the Republic and the municipal organizations; | ||
- | <br>(5) To enact and | + | <br>(5) To enact the electoral law; |
- | <br>( | + | <br>(6) To enact each year the law on the General Budget of Revenues and Expenditures of the Republic; |
- | <br>( | + | <br>(7) To levy the necessary taxes to meet budgetary expenditures, provide for their distribution, collection and appropriation, and to repeal, modify, or increase those in existence; |
- | <br>( | + | <br>(8) To authorize the executive branch to negotiate loans pledging the national treasury and indicating funds for their amortization; |
- | <br>(9) To levy the necessary taxes to meet budgetary expenditures, provide for their distribution, collection and appropriation, and to repeal, modify, or increase those in existence; | + | <br>(9) To regulate commerce with foreign nations; |
- | <br>( | + | <br>(10) To recognize the national debt and indicate the means for its consolidation and amortization; |
- | <br>( | + | <br>(11) To establish mints, fix the content, weight, type and the denomination of the currency, to determine the value of foreign currencies, and to adopt a general system of weights and measures; |
- | <br>( | + | <br>(12) To create or abolish public employments, to determine or to modify their attributes, to increase or diminish their salaries, to grant pensions and to decree public honors to those rendering distinguished services. Laws granting pensions must be passed by a vote of two-thirds of the members present in each chamber; |
- | + | <br>(13) To specify the functions of government employees and indicate the territorial jurisdictions in which they are to be exercised; | |
+ | <br>(14) To approve or reject the treaties, conventions, concordats, and other international agreements signed on behalf of the Republic, and to authorize the executive power to declare war and conclude peace; | ||
+ | <br>(15) To enact laws for the organization of the _____ Diplomatic Corps and Consular Corps; | ||
+ | <br>(16) To establish, organize, and maintain throughout the Republic rural, elementary, superior, secondary, and professional schools, and schools for scientific research, of fine arts, and of technical training; practical schools of agriculture and mining, of arts and crafts, museums, libraries, observatories, and other institutions concerning the general culture of the inhabitants of the Nation, and to legislate on all matters relating to such institutions; and to legislate on matters concerning archeological, artistic, and historic monuments, the conservation of which is of national interest; | ||
+ | <br>(17) To enact laws pursuant to which captures on sea and land must be declared good or bad; and to enact maritime laws applicable in peace and war; | ||
+ | <br>(18) To raise and maintain the armed forces of the Republic, to wit: Army, Navy and Air Force, and to regulate their organization and service; | ||
+ | <br>(19) To prescribe regulations for the purpose of organizing, arming, disciplining, and training the National Police; | ||
+ | <br>(20) To determine in each ordinary legislative session, and in extraordinary sessions when required, the effectives of the armed forces; | ||
+ | <br>(21) On the proposal of the executive power, to issue military ordinances and enact the organic law of the military courts; | ||
+ | <br>(22) To enact laws concerning general means of communication, and in regard to posts and post offices; | ||
+ | <br>(23) To establish the legal rules governing the transfer and lease of fiscal and municipal assets; | ||
+ | <br>(24) To establish rules for the occupation and alienation of vacant lands and fix their price; | ||
+ | <br>(25) To safeguard the proper exploitation and conservation of natural resources and preservation of the environment; | ||
+ | <br>(26) To regulate river and air navigation; | ||
+ | <br>(27) To register ships and aircraft as _____ in accordance with the law; | ||
+ | <br>(28) To grant awards and extend temporary privileges permitted by the Constitution to authors and inventors of works of general utility and to persons who have introduced new industries or improved existing ones; | ||
+ | <br>(29) To grant juridical personality to private corporations and to cancel the same, to approve their articles of incorporation, to reject the same and to accept amendments; | ||
+ | <br>(30) To enact laws in regard to nationality, the legal status of foreigners, citizenship, naturalization, emigration and immigration, and the general health of the country; | ||
+ | <br>(31) To enact laws in regard to the economic and social development of the nation and to programming, promotion, coordination, and undertaking of economic activities, particularly those related to food provisioning and others aimed to generate a sufficient and permanent production of commodities and services which are considered as basic from both a social and a national point of view; | ||
+ | <br>(32) To grant general amnesties for political offenses and common offenses related thereto. In no case may pardons include civil liabilities toward private individuals; | ||
+ | <br>(33) To enact the organic law governing the Tribunal of Accounts; | ||
+ | <br>(34) To declare and specify the duration of a state of economic emergency whenever abnormal circumstances of the country so demand. Such a declaration of emergency shall suspend, if so ordered, any or all guarantees set forth in Article _____; | ||
+ | <br>(35) To take cognizance of the decree-laws issued by the executive branch in the event of emergency or public necessity; | ||
+ | <br>(36) To legalize the extraordinary or supplementary credits authorized by the President of the Republic in Council of Ministers; | ||
+ | <br>(37) To fix the monthly remuneration that deputies and senators shall receive. The remuneration cannot be changed during a legislative period except to take effect in the period following; | ||
+ | <br>(38) To enact internal resolutions and decisions, and to formulate declarations in conformity with its powers; | ||
+ | <br>(39) To enact all laws that may be necessary to enforce the foregoing powers, and all others granted by this Constitution to Congress. | ||
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+ | (1) To enact codes and other laws, amend them, or repeal them, based on this Constitution; | ||
+ | <br>(2) To examine infractions of the Constitution and do what is necessary in order to make effective the responsibility of those who infringe it; | ||
+ | <br>(3) To establish the political division of the territory of the Republic and the municipal organizations; | ||
+ | <br>(4) To enact the electoral law; | ||
+ | <br>(5) To declare and specify the duration of a state of economic emergency whenever abnormal circumstances of the country so demand. | ||
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+ | Such a declaration of emergency shall suspend, if so ordered, any or all guarantees set forth in Article 65. | ||
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+ | The laws enacted by the legislative branch on the basis of this declaration or during its recess by the executive branch may not be in force to the detriment of stated constitutional guarantees longer than the time fixed by the corresponding decree; | ||
+ | <br>(6) To take cognizance of the decree-laws issued by the executive branch in the event of emergency or public necessity; | ||
+ | <br>(7) To approve or reject the treaties, conventions, concordats, and other international agreements signed on behalf of the Republic, and to authorize the executive power to declare war and conclude peace; | ||
+ | <br>(8) To enact laws pursuant to which captures on sea and land must be declared good or bad; and to enact maritime laws applicable in peace and war; | ||
+ | <br>(9) To enact each year the law on the General Budget of Revenues and Expenditures of the Republic; | ||
+ | <br>(10) To levy the necessary taxes to meet budgetary expenditures, provide for their distribution, collection and appropriation, and to repeal, modify, or increase those in existence; | ||
+ | <br>(11) To authorize the executive branch to negotiate loans pledging the national treasury and indicating funds for their amortization; | ||
+ | <br>(12) To regulate commerce with foreign nations; | ||
+ | <br>(13) To recognize the national debt and indicate the means for its consolidation and amortization; | ||
<br>(14) To create or abolish public employments, to determine or to modify their attributes, to increase or diminish their salaries, to grant pensions and to decree public honors to those rendering distinguished services. Laws granting pensions must be passed by a vote of two-thirds of the members present in each chamber; | <br>(14) To create or abolish public employments, to determine or to modify their attributes, to increase or diminish their salaries, to grant pensions and to decree public honors to those rendering distinguished services. Laws granting pensions must be passed by a vote of two-thirds of the members present in each chamber; | ||
<br>(15) To specify the functions of government employees and indicate the territorial jurisdictions in which they are to be exercised; | <br>(15) To specify the functions of government employees and indicate the territorial jurisdictions in which they are to be exercised; | ||
- | <br>(16) To | + | <br>(16) To establish tribunals and regulate the administration of justice and of contentious-administrative matters; |
- | + | <br>(17) To establish mints, fix the content, weight, type and the denomination of the currency, to determine the value of foreign currencies, and to adopt a general system of weights and measures; | |
- | <br>( | + | <br>(18) To establish the legal rules governing the transfer and lease of fiscal and municipal assets; |
- | + | <br>(19) To establish rules for the occupation and alienation of vacant lands and fix their price; | |
- | + | <br>(20) To open and close all classes of ports, establish maritime and frontier custom houses, and designate their location; | |
- | + | <br>(21) To regulate river and air navigation; | |
- | + | <br>(22) To register ships and aircraft as _____ in accordance with the law; | |
- | + | <br>(23) To grant awards and extend temporary privileges permitted by the Constitution to authors and inventors of works of general utility and to persons who have introduced new industries or improved existing ones; | |
- | + | <br>(24) To grant general amnesties for political offenses and common offenses related thereto. | |
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- | < | + | In no case may pardons include civil liabilities toward private individuals; |
+ | <br>(25) To legalize the extraordinary or supplementary credits authorized by the President of the Republic in Council of Ministers; | ||
+ | <br>(26) On the proposal of the executive power, to issue military ordinances and enact the organic law of the military courts; | ||
+ | <br>(27) To decide on the transfer of the capital of the Republic to another point in the territory in case of absolute necessity; | ||
+ | <br>(28) To fix the monthly remuneration that deputies and senators shall receive. The remuneration cannot be changed during a legislative period except to take effect in the period following; | ||
+ | <br>(29) To enact internal resolutions and decisions, and to formulate declarations in conformity with its powers; | ||
+ | <br>(30) To exercise any other powers that are within its competence according to this Constitution. | ||
<center>Chapter II<br><u>Chamber of Deputies</u></center> | <center>Chapter II<br><u>Chamber of Deputies</u></center> | ||
- | <u>Article.</u> The Chamber of Deputies shall | + | <u>Article.</u> |
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+ | <u>Article.</u> The Chamber of Deputies shall be renewed in the aggregate every four years. However, should the President of the Republic make use of the authority conferred upon him by Article _____, the newly elected Chamber of Deputies shall operate, in such case, only during the time left for the dissolved Chamber of Deputies to complete its period. | ||
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- | <u>Article.</u> The Chamber of Deputies shall | + | <u>Article.</u> The Chamber of Deputies shall consist of seventy deputies elected, with their respective alternates, directly by the people, in departmental election districts, at the ratio of one regular deputy and one alternate for every thirty thousand inhabitants or fraction thereof exceeding fifteen thousand; but in any case each department shall be entitled to have one deputy. |
<u>Article.</u> The qualifications for being elected deputy are the following: | <u>Article.</u> The qualifications for being elected deputy are the following: | ||
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(1) To be a _____ citizen by birth; | (1) To be a _____ citizen by birth; | ||
<br>(2) To have attained twenty-five years of age at the time of the election; | <br>(2) To have attained twenty-five years of age at the time of the election; | ||
- | <br>(3) To be a native of the department | + | <br>(3) To be a native of the department to which the electoral circumscription belongs or to have had three years' continuous residence therein; and |
<br>(4) Not to be included within any of the grounds for incapacity indicated in Article _____. | <br>(4) Not to be included within any of the grounds for incapacity indicated in Article _____. | ||
<u>Article.</u> The exclusive powers of the Chamber of Deputies are: | <u>Article.</u> The exclusive powers of the Chamber of Deputies are: | ||
- | (1 | + | (1) To initiate the consideration of bills relating to the tax, monetary, and banking systems, to the contracting of loans, and to the General Budget of Revenues and Expenditures of the Republic; |
- | + | <br>(2) To initiate the consideration of any bill relating to electoral or municipal legislation; | |
- | <br>( | + | <br>(3) To supervise, through a committee drawn from its body, the correct performance of the functions of the Tribunal of Accounts; |
- | <br>( | + | <br>(4) To pass political judgment on the conduct of the Ministers of State, in accordance with the provisions of Articles _____ to _____; |
- | <br>( | + | <br>(5) To examine accusations presented by its own members or by private individuals against the President of the Republic, deputies, senators, magistrates of the courts of justice, Ministers of State, diplomatic agents, and the president of the Tribunal of Accounts; and if the charge appears well founded, to submit the corresponding impeachment to the Senate; |
- | <br>( | + | <br>(6) To exercise any other powers which this Constitution expressly confers upon it. |
- | <br>( | + | |
<center>Chapter III<br><u>Senate</u></center> | <center>Chapter III<br><u>Senate</u></center> | ||
- | <u>Article.</u> The Senate shall consist of thirty regular senators and their respective alternates, elected directly by the people, in a single national election district. | + | <u>Article.</u> The Senate shall consist of thirty regular senators and their respective alternates, elected directly by the people, in a single national election district. The senators shall be elected by the system of integral proportional representation. |
- | + | <u>Article.</u> The Senate shall be renewed every four years by parts in the manner determined by law. Each senator shall remain eight years in office. | |
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- | <u>Article.</u> The Senate shall be renewed every | + | |
<u>Article.</u> The qualifications for being elected senator are the following: | <u>Article.</u> The qualifications for being elected senator are the following: | ||
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<u>Article.</u> The exclusive powers of the Senate are: | <u>Article.</u> The exclusive powers of the Senate are: | ||
- | (1 | + | (1) To initiate the consideration of bills relating to national defense, to the ratification of international treaties, conventions or agreements, to expropriations, and to the limitation of real property ownership; |
- | + | <br>(2) To consent to the appointment of the attorney general and the ambassadors and ministers plenipotentiary of the foreign service of the Republic, as well as to military promotions beginning with and including the rank of colonel in the Army, or its equivalent in the other branches of the armed forces and in the services; | |
- | <br>( | + | <br>(3) To authorize the departure of national troops beyond the borders of the country, the passage of foreign troops through the national territory, and the sojourn of squadrons of other powers for more than one month in _____ waters; |
- | <br>( | + | <br>(4) To try impeachments submitted by the Chamber of Deputies against the officials referred to in Article _____ by a hearing of the accused. If the latter does not appear he shall be tried in absentia; |
- | <br>( | + | <br>(5) To grant or deny its consent to the acts of the President of the Republic in cases in which the Constitution or the law so requires. If the Senate does not pass upon the matter within thirty days after call for urgency by the President of the Republic, its consent shall be taken for granted; |
- | <br>( | + | <br>(6) To exercise any other powers which this Constitution may assign to it. |
- | <br>( | + | |
<u>Article.</u> When the Senate tries the officials impeached by the deputies, the following rules shall be observed: | <u>Article.</u> When the Senate tries the officials impeached by the deputies, the following rules shall be observed: | ||
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<center>Chapter IV<br><u>Congress in Joint Session</u></center> | <center>Chapter IV<br><u>Congress in Joint Session</u></center> | ||
- | <u>Article.</u> Congress in joint session shall be presided over | + | <u>Article.</u> Congress in joint session shall be presided over by the president of the Senate, but if he is unable to do so, the president of the Chamber of Deputies shall preside over them. In default of both, the vice president of the Senate or of the Chamber of Deputies shall preside, in that order. |
- | <u>Article.</u> Congress in joint session has the following powers: | + | <u>Article.</u> Congress in joint session has the following powers: |
(1) To elect its own board of officers, which shall consist of a president, a vice president, and two secretaries, with corresponding vice secretaries; | (1) To elect its own board of officers, which shall consist of a president, a vice president, and two secretaries, with corresponding vice secretaries; | ||
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<br>(6) To elect, by a two-thirds vote, the magistrates of the courts of justice, with their respective alternates, in accordance with Article _____, as well as the president of the Tribunal of Accounts; | <br>(6) To elect, by a two-thirds vote, the magistrates of the courts of justice, with their respective alternates, in accordance with Article _____, as well as the president of the Tribunal of Accounts; | ||
<br>(7) To receive the constitutional oath from the officers it elects or to delegate this power; | <br>(7) To receive the constitutional oath from the officers it elects or to delegate this power; | ||
- | <br>(8) To take cognizance of the report presented by the executive branch on measures taken during the suspension of constitutional guarantees | + | <br>(8) To delegate to the executive branch, by a two-thirds vote, the power to legislate, by means of legislative decrees, on a specific matter and for a particular period as established in the enabling law. These legislative decrees are subject to the same provisions as those which apply for the law; |
- | + | <br>(9) To take cognizance of the report presented by the executive branch on measures taken during the suspension of constitutional guarantees; | |
<br>(10) To grant to illustrious _____ who have rendered eminent services to the Republic, the honors of the National Pantheon, when twenty-five years have elapsed since their death; | <br>(10) To grant to illustrious _____ who have rendered eminent services to the Republic, the honors of the National Pantheon, when twenty-five years have elapsed since their death; | ||
- | <br>(11) To establish, by a three-fourths vote, the national coat of arms, the flag of the | + | <br>(11) To establish, by a three-fourths vote, the national coat of arms, the flag of the republic, and the national anthem; |
<br>(12) To exercise such other functions and powers that this Constitution and the laws may give it. | <br>(12) To exercise such other functions and powers that this Constitution and the laws may give it. | ||
<center>Chapter V<br><u>Enactment and Sanction of Laws</u></center> | <center>Chapter V<br><u>Enactment and Sanction of Laws</u></center> | ||
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<center>Chapter VI<br><u>Delegated Committee of Congress</u></center> | <center>Chapter VI<br><u>Delegated Committee of Congress</u></center> | ||
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==<center>'''TITLE VI'''<br><u>The Executive Branch</u></center>== | ==<center>'''TITLE VI'''<br><u>The Executive Branch</u></center>== | ||
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<br>(7) Not to be included within any of the grounds for incapacity indicated in Article _____. | <br>(7) Not to be included within any of the grounds for incapacity indicated in Article _____. | ||
- | <u>Article.</u> The term of the President of the Republic shall be | + | <u>Article.</u> The term of the President of the Republic shall be six years and shall begin and end on the first of July, and no event whatever may extend his mandate. |
<u>Article.</u> The President-elect shall take office before a formal joint session of Congress and shall take the following oath: "I, (name), swear before God and country that I will faithfully and patriotically discharge the office of president of the Republic of _____ and support and defend the Constitution and the laws. If I do not do this, may God and country hold me to account." If on the date established the Congress not succeed in forming a quorum in order to meet, the ceremony shall be held immediately before the Supreme Court of Justice. | <u>Article.</u> The President-elect shall take office before a formal joint session of Congress and shall take the following oath: "I, (name), swear before God and country that I will faithfully and patriotically discharge the office of president of the Republic of _____ and support and defend the Constitution and the laws. If I do not do this, may God and country hold me to account." If on the date established the Congress not succeed in forming a quorum in order to meet, the ceremony shall be held immediately before the Supreme Court of Justice. | ||
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<br>(7) A minister of any religious cult. | <br>(7) A minister of any religious cult. | ||
- | <u>Article.</u> The official office of the President of the Republic shall be in the | + | <u>Article.</u> The official office of the President of the Republic shall be in the Casa Presidencial, and the National Treasury shall defray the expense of a residence for him that is in keeping with the dignity of his office. He shall be entitled to a salary, which may not be changed during his term of office, and during that term he may not engage in any other employment, nor devote himself to his profession, business or industry, nor receive any other emolument from the Republic. |
<u>Article.</u> The President of the Republic may leave the country only for official reasons after due consideration has been given to the best possible way to carry out his duties, in which case he shall entrust the office of the presidency of the Republic to one of the Ministers of State. He shall inform the other powers of such decisions. A special law shall establish the functions of the Minister in charge of the office of the Presidency of the Republic. | <u>Article.</u> The President of the Republic may leave the country only for official reasons after due consideration has been given to the best possible way to carry out his duties, in which case he shall entrust the office of the presidency of the Republic to one of the Ministers of State. He shall inform the other powers of such decisions. A special law shall establish the functions of the Minister in charge of the office of the Presidency of the Republic. | ||
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<center>Chapter II<br><u>Powers and Duties of the Executive Branch</u></center> | <center>Chapter II<br><u>Powers and Duties of the Executive Branch</u></center> | ||
- | |||
- | |||
<u>Article.</u> The President of the Republic has the following duties in relation to the legislative branch: | <u>Article.</u> The President of the Republic has the following duties in relation to the legislative branch: | ||
- | + | 1) To attend the opening of regular sessions of Congress and present to it a report concerning the acts of his administration; | |
- | <br> | + | <br>2) To convoke Congress in extraordinary session; |
- | <br> | + | <br>3) To prepare the General Budget of Revenues and Expenditures of the Republic each year and present it to the chambers of Congress for consideration; |
- | <br> | + | <br>4) To present to the chambers through the intermediary of the respective ministries, within ninety days after Congress is installed, the annual record or report of each branch of the administration; |
- | <br> | + | <br>5) To present to the chambers, through the Ministers of State, proposals for laws and to submit treaties and contracts as require legislative approval; |
- | <br> | + | <br>6) To promulgate and publish, as appropriate, the laws sanctioned by Congress or use his veto power in accordance with the Constitution; |
- | <br>(7 | + | <br>(7) To enact laws during adjournment of Congress, when this power has been delegated to him; and |
- | + | <br>(8) During adjournment of Congress, to enact in Council of Ministers decree-laws in cases of emergency or public necessity and submit these to Congress during the first fifteen days of its next regular session. | |
- | <br>( | + | |
<u>Article.</u> The President of the Republic has the following duties in relation to the judicial branch: | <u>Article.</u> The President of the Republic has the following duties in relation to the judicial branch: | ||
- | + | 1) To watch over the ministerial conduct of the judges and other employees of the judicial power, and for this purpose to request the Supreme Court of Justice, if appropriate, to affirm their bad conduct, or the office of the attorney general to institute disciplinary measures before the competent tribunal, or, if there be sufficient grounds, to file the proper accusation; and | |
- | <br> | + | <br>2) To give to the judicial branch whatever assistance it may need for the expeditious exercise of its functions. |
<u>Article.</u> The President of the Republic has the following powers and duties as commander in chief of the armed forces: | <u>Article.</u> The President of the Republic has the following powers and duties as commander in chief of the armed forces: | ||
- | + | 1) To command all branches of the armed forces, organize them, distribute them, and utilize them in conformity with the law; | |
- | <br> | + | <br>2) To direct wartime operations as commander in chief; |
- | <br> | + | <br>3) To command in person the armed forces with the approval of the Senate. In this case the President of the Republic may reside at any place occupied by _____ arms; |
- | <br> | + | <br>4) To levy the forces necessary to repel invasions or put down rebellions; |
- | <br> | + | <br>5) To discharge and demobilize any special army when an emergency has passed; |
- | <br> | + | <br>6) To issue military regulations in accordance with the law; |
- | <br> | + | <br>7) To grant pensions to which military personnel are entitled if disabled in service; |
- | <br> | + | <br>8) To grant retirement to military personnel according to law; |
- | <br> | + | <br>9) To grant honors and rewards to military persons who have distinguished themselves in service; and |
+ | <br>10) To commission officers of all branches of the armed forces up to and including the rank of lieutenant colonel or its equivalent and, with the approval of the Senate, the higher ranks. On the field of battle he may confer these superior military offices at his own instance. | ||
<u>Article.</u> The President of the Republic has the following powers and duties as the supreme administrative authority: | <u>Article.</u> The President of the Republic has the following powers and duties as the supreme administrative authority: | ||
- | (1) To | + | (1) To represent the State at home and abroad; |
<br>(2) To maintain internal order and the external security of the Republic, without contravening the Constitution or the laws; | <br>(2) To maintain internal order and the external security of the Republic, without contravening the Constitution or the laws; | ||
- | <br>(3) To | + | <br>(3) To comply with and enforce the Constitution and the laws; |
- | <br>( | + | <br>(4) To issue the instructions and regulations that he may deem suitable for the execution of the laws; |
- | <br>( | + | <br>(5) To appoint and remove the President of the Council of Ministers and the Ministers of State, in conformity with the Constitution; |
- | + | <br>(6) To provide for the collection of the revenues of the Republic, decree the expenditures, and render accounts of them, in accordance with the General Budget of Revenues and Expenditures of the Republic and the laws; | |
<br>(7) To conduct the foreign relations of the Republic; | <br>(7) To conduct the foreign relations of the Republic; | ||
- | <br>(8) To receive chiefs of diplomatic missions of foreign countries and | + | <br>(8) To receive chiefs of diplomatic missions of foreign countries and admits their consuls and to appoint ambassadors and ministers plenipotentiary of the foreign service of the Republic, with the approval of the Senate; |
- | <br>(9) To | + | <br>(9) To conclude treaties of peace, friendship, commerce, navigation, alliance, boundaries, and neutrality, and concordats and other international agreements and to ratify them after approval by Congress; |
<br>(10) To decree the severance of relations, and in accordance with a prior resolution of Congress, to declare war, provided that arbitration or other pacific means to avoid it have been unsuccessful; | <br>(10) To decree the severance of relations, and in accordance with a prior resolution of Congress, to declare war, provided that arbitration or other pacific means to avoid it have been unsuccessful; | ||
- | <br>(11) To grant | + | <br>(11) To appoint, remove, and grant leave of absence, in conformity with the law, to public officials and employees whose appointment or removal does not devolve on other officials or agencies; |
<br>(12) To grant, in conformity with the law, severance and retirement pensions and annuities; | <br>(12) To grant, in conformity with the law, severance and retirement pensions and annuities; | ||
- | <br>(13) To commute sentences and grant private pardons, upon the report of the Supreme Court of Justice and in accordance with the law. Officials impeached by the Chamber of Deputies and tried by the Senate can be pardoned by Congress only. The President of the Republic may not exercise this power with respect to the Ministers of State; | + | <br>(13) To grant, for outstanding merit, the decorations, medals, diplomas and prizes that are established by law; |
- | <br>( | + | <br>(14) To commute sentences and grant private pardons, upon the report of the Supreme Court of Justice and in accordance with the law. Officials impeached by the Chamber of Deputies and tried by the Senate can be pardoned by Congress only. The President of the Republic may not exercise this power with respect to the Ministers of State; |
- | <br>( | + | <br>(15) To appoint the attorney general, with the approval of the Senate; |
- | + | <br>(16) To sign contracts, in accordance with the Constitution and the laws, for the rendering of services and the execution of public works and for the general interest; and | |
- | <br>(17 | + | <br>(17) To exercise the other functions of government and administration assigned to him under this Constitution. |
- | + | ||
- | + | ||
- | + | ||
<u>Article.</u> Whenever in his opinion the public tranquility is threatened, the President of the Republic may order the detention of persons presumed responsible, interrogate them, and hold them in custody for ten days, within which time they must be freed or turned over to a competent court; but if in the opinion of the chief of state it is necessary to confine such persons, he may, in Council of Ministers, order their confinement. | <u>Article.</u> Whenever in his opinion the public tranquility is threatened, the President of the Republic may order the detention of persons presumed responsible, interrogate them, and hold them in custody for ten days, within which time they must be freed or turned over to a competent court; but if in the opinion of the chief of state it is necessary to confine such persons, he may, in Council of Ministers, order their confinement. | ||
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<u>Article.</u> The President of the Republic, in Council of Ministers, may suspend or restrict, in all or a part of the national territory, the exercise of constitutional guarantees in any of the following cases: | <u>Article.</u> The President of the Republic, in Council of Ministers, may suspend or restrict, in all or a part of the national territory, the exercise of constitutional guarantees in any of the following cases: | ||
- | + | a) When the Republic becomes involved in an international or civil war, or when there is danger that either of these may occur; | |
- | <br> | + | <br>b) In case of epidemic, earthquake, or other public disaster; |
- | <br> | + | <br>c) Whenever due to any other circumstances it is required for the protection, peace, or security of the nation or of its institutions or form of government. |
The President of the Republic and the Ministers of State shall be held responsible whenever the suspension or restriction of the constitutional guarantees is declared when none of the above-mentioned cases have occurred, and they shall be held responsible, together with all other officials, for any abuse committed during a period of suspension or restriction. | The President of the Republic and the Ministers of State shall be held responsible whenever the suspension or restriction of the constitutional guarantees is declared when none of the above-mentioned cases have occurred, and they shall be held responsible, together with all other officials, for any abuse committed during a period of suspension or restriction. | ||
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The decree of suspension or restriction shall contain: | The decree of suspension or restriction shall contain: | ||
- | + | a) The grounds on which it is based; | |
- | <br> | + | <br>b) Specifications of the guarantee or guarantees that are restricted or suspended; and |
- | <br> | + | <br>c) The territory affected by the suspension or restriction. |
Neither suspension nor restriction of guarantees shall in any way affect the functioning of the organs of government, and their members shall always retain the prerogatives granted by law. | Neither suspension nor restriction of guarantees shall in any way affect the functioning of the organs of government, and their members shall always retain the prerogatives granted by law. | ||
- | In the event of foreign war, the | + | In the event of foreign war, the executive shall convoke Congress in the same decree in which the exercise of constitutional guarantees is suspended or restricted, to meet within the next thirty days; and if he fails to convoke it, Congress shall meet in its own right. |
In no case may the decree of suspension or restriction affect the following guarantees: | In no case may the decree of suspension or restriction affect the following guarantees: | ||
- | + | a) The inviolability of human life; | |
- | <br> | + | <br>b) The prohibition against trials by judges other than those designated by law; |
- | <br> | + | <br>c) The prohibition against acts of cruelty or torture and infamous punishments; |
- | <br> | + | <br>d) The prohibition against retroactive or confiscatory laws; and |
- | <br> | + | <br>e) The prohibition against imposing taxes. However, if an international or civil war breaks out, the President of the Republic in Council of Ministers may impose taxes of a general nature. |
- | The decree of suspension of guarantees shall be repealed upon the cessation of the causes for which it was invoked and the | + | The decree of suspension of guarantees shall be repealed upon the cessation of the causes for which it was invoked and the chief executive shall render to Congress in joint session without delay an account of the measures taken. |
- | <center>Chapter III<br><u>The | + | <center>Chapter III<br><u>The Council of Ministers</u></center> |
<u>Article.</u> For the conduct of business corresponding to the executive branch there shall be Ministers of State. The law shall specify their number, their titles, and the departments of the administration corresponding to each. | <u>Article.</u> For the conduct of business corresponding to the executive branch there shall be Ministers of State. The law shall specify their number, their titles, and the departments of the administration corresponding to each. | ||
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<u>Article.</u> The decrees, orders, and rulings of the President of the Republic must be countersigned by the Ministers of State of the respective departments, with the exception of those orders that refer to the appointment or removal of his Ministers of State. Without this requirement they are null and void. | <u>Article.</u> The decrees, orders, and rulings of the President of the Republic must be countersigned by the Ministers of State of the respective departments, with the exception of those orders that refer to the appointment or removal of his Ministers of State. Without this requirement they are null and void. | ||
- | <u>Article.</u> The Ministers | + | <u>Article.</u> The Ministers in assembly form the Council of Ministers. |
- | + | The Council of Ministers has its President. It is the responsibility of the President of the Republic to preside over the Council of Ministers when he convokes it or attends its meetings. | |
- | <u>Article.</u> The President of the Council of Ministers, | + | <u>Article.</u> The President of the Republic appoints and removes the President of the Council of Ministers. He appoints and removes the other Ministers, on the proposal and with the agreement, respectively, of the President of the Council of Ministers. |
- | (1) To | + | <u>Article.</u> The President of the Council of Ministers, who may be a Minister without portfolio, has the following duties: |
- | <br>(2) To coordinate | + | |
- | <br>(3) To coordinate relations between the executive | + | (1) To act, after the President of the Republic, as the authorized spokesman for the government; |
- | <br>(4 | + | <br>(2) To coordinate the functions of the other Ministers, in accordance with the President of the Republic’s instructions; |
- | + | <br>(3) To coordinate relations between the executive branch and Congress; | |
- | + | <br>(4) To countersign the decree-laws issued by the President of the Republic in the event of emergency or public necessity; and | |
- | <br>( | + | <br>(5) To exercise any other powers assigned to him under the Constitution and the law. |
<u>Article.</u> To be a Minister of State a person must be a native-born _____, a citizen in the exercise of his rights, more than thirty years of age, a layman, and enjoy an excellent reputation for his integrity and knowledge of public affairs. | <u>Article.</u> To be a Minister of State a person must be a native-born _____, a citizen in the exercise of his rights, more than thirty years of age, a layman, and enjoy an excellent reputation for his integrity and knowledge of public affairs. | ||
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<br>(5) Relatives of the President of the Republic within the second degree of consanguinity or affinity. | <br>(5) Relatives of the President of the Republic within the second degree of consanguinity or affinity. | ||
- | <u>Article.</u> The | + | <u>Article.</u> The Council of Ministers has the following duties: |
- | (1) To | + | (1) To approve such bills as the President of the Republic may submit to Congress; |
- | <br>(2) To | + | <br>(2) To discuss issues of public interest; |
- | <br>(3) To | + | <br>(3) To give advice to the President of the Republic in all cases in which he may consult it; and |
- | <br>(4) To | + | <br>(4) To exercise any other powers assigned to it under the Constitution and the law. |
- | + | ||
- | + | ||
- | <u>Article.</u> The Ministers may not exercise any other public function | + | <u>Article.</u> Any decision of the Council of Ministers requires the affirmatory votes of the majority of its members. |
+ | |||
+ | The Council of Ministers has a deliberative vote and a consultative vote in the cases specified by law. | ||
+ | |||
+ | The President of the Republic adjusts, with the consultative vote of the Council of Ministers, conflicts of competence among the Ministers. His decision is countersigned by the President of the Council of Ministers. | ||
+ | |||
+ | <u>Article.</u> The Ministers may not exercise any other public function except that of deputy or senator. | ||
They shall not intervene, directly or indirectly, in the direction or management of any private undertaking or association. | They shall not intervene, directly or indirectly, in the direction or management of any private undertaking or association. | ||
- | <u>Article.</u> | + | <u>Article.</u> There are no Ministers <u>pro tempore</u>. The President of the Republic may, on the proposal of the President of the Council of Ministers, entrust to a Minister, who retains his own Ministry, the charge of another in the event of vacancy or impediment on the part of the serving Minister, but this charge may not be prolonged for more than thirty days or be transferred successively to the other Ministers. |
- | Ministers | + | <u>Article.</u> The Ministers are responsible civilly and criminally for their own acts and for the presidential acts which they countersign. |
- | + | Unless they resign immediately, all Ministers are collectively responsible for offenses against or infractions of the Constitution and of the laws which the President of the Republic commits, or which are agreed on in the Council of Ministers, even though they refrain from voting. | |
- | + | <u>Article.</u> The Ministers shall present an annual report on their actions to the President of the Republic. For their services, they shall receive a salary established by law, which may not be changed during their term of office. | |
- | <u>Article.</u> The Ministers | + | <center>Chapter IV<br><u>Relations Between the Legislative Branch<br>and the Executive Branch</u></center> |
+ | |||
+ | <u>Article.</u> The Council of Ministers in full, or the Ministers separately, may attend the sessions of Congress or of the chambers and participate in the debates. | ||
They may also attend when invited to give information. | They may also attend when invited to give information. | ||
- | <u>Article.</u> | + | <u>Article.</u> The President of the Council of Ministers, on assuming his functions, shall attend the Chamber of Deputies, in company with the other Ministers, to explain and discuss the general policy of the executive branch and the principal measures required for the implementation of this policy. For this purpose he shall submit a confidence motion. |
- | < | + | If the Chamber of Deputies is not in session, the President of the Republic shall call a special session. |
+ | |||
+ | <u>Article.</u> The attendance of the Council of Ministers, or of any of the Ministers, is obligatory if the Chamber of Deputies calls for them in order to interpellate them. The interpellation shall be made in writing. For its acceptance it requires one fifth of the votes of the sitting deputies. The Chamber of Deputies shall indicate the day and hour for the Ministers to reply to the interpellations. | ||
+ | |||
+ | <u>Article.</u> The Chamber of Deputies actualizes the political responsibility of the Council of Ministers or of the Ministers individually by means of a vote of censure or by defeating a vote of confidence. The latter may only be proposed upon a ministerial initiative. | ||
+ | |||
+ | A vote of censure against the Council of Ministers or against any of the Ministers may be moved by a single deputy. Whenever motions to this effect are presented, the Chamber of Deputies shall be specially convoked, within a period of not over forty-eight hours, to decide upon its course of action. | ||
+ | |||
+ | If upon the first convocation of the Chamber of Deputie there are not a sufficient number of members present to hold a meeting, a second convocation shall be made and the Chamber of Deputies shall be considered organized with the number of legislators who attend. | ||
+ | |||
+ | Any censure motion against the Council of Ministers, or against any of the Ministers, must be approved by an absolute majority of the full membership of the Chamber of Deputies. | ||
+ | |||
+ | The Council of Ministers or the censured Minister must then resign. The President of the Republic shall accept the resignation within the subsequent seventy-two hours. | ||
+ | |||
+ | The nonapproval of a ministerial initiative does not oblige the Minister to resign, except in the case of his having made approval a matter of confidence. | ||
+ | |||
+ | <u>Article.</u> The President of the Council of Ministers may introduce a motion of confidence before the Chamber of Deputies on behalf of the Council of Ministers. If the confidence motion is rejected, or if the President of the Council of Ministers is censured or if he resigns or is removed by the President of the Republic, the Cabinet is in complete crisis. | ||
+ | |||
+ | <u>Article.</u> The President of the Republic may decree the dissolution of the Chamber of Deputies if the latter has censured or denied its confidence to three Councils of Ministers. | ||
+ | |||
+ | In the same decree that stipulates the dissolution of the Chamber of Deputies, the President of the Republic shall call for elections of deputies, who shall complete the constitutional term, unless one year or less remains before its termination. These elections shall be held within three months. | ||
- | + | If the elections are not held within the deadline provided for, the dissolved Chamber of Deputies may meet as a matter of right, recover its powers, and remove the Council of Ministers. None of the latter’s members may be reappointed Minister during the remaining presidential term. | |
- | + | A Chamber of Deputies elected in this manner shall replace the previous one and complete the constitutional term of the dissolved Chamber of Deputies. | |
- | + | <u>Article.</u> The President of the Republic may dissolve the Chamber of Deputies only once during his presidential term, being precluded from exercising this power during the last year in which the Chamber of Deputies is in office. | |
- | + | The Chamber of Deputies may not be dissolved under a state of emergency or a state of siege. | |
- | <u>Article.</u> The | + | <u>Article.</u> The Senate may not be dissolved. |
<center>Chapter V<br><u>The Consultative Commissions and Technical Councils</u></center> | <center>Chapter V<br><u>The Consultative Commissions and Technical Councils</u></center> |