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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> | ||
+ | |||
+ | <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. | ||
+ | |||
+ | <u>Article 3.</u> The government of the Republic of _____ is and always shall be democratic, representative, responsible, and alternating. | ||
+ | |||
+ | <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. | ||
+ | |||
+ | <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. | ||
+ | |||
+ | <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. | ||
+ | |||
+ | <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. | ||
+ | |||
+ | <u>Article 11.</u> The State has no official religion. | ||
+ | |||
+ | <u>Article 12.</u> The city of _____ is the capital of the Republic and the permanent seat of the branches of the government. | ||
+ | |||
+ | <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. | ||
+ | |||
+ | <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. | ||
+ | |||
+ | <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. | ||
+ | |||
+ | <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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<br>(32) To register ships and aircraft as _____ in accordance with the law; | <br>(32) To register ships and aircraft as _____ in accordance with the law; | ||
<br>(33) To approve the general guidelines for the national economic and social development plan to be submitted by the executive power during the third quarter of the first year of each constitutional term; | <br>(33) To approve the general guidelines for the national economic and social development plan to be submitted by the executive power during the third quarter of the first year of each constitutional term; | ||
- | <br>(34) To provide everything relevant to human development, economic progress with social justice, the growth of the national economy, the creation of jobs | + | <br>(34) To provide everything relevant to human development, economic progress with social justice, the growth of the national economy, the creation of jobs, and the defense of the currency value; |
<br>(35) To enact the organic law governing the Tribunal of Accounts; | <br>(35) To enact the organic law governing the Tribunal of Accounts; | ||
<br>(36) To grant general amnesties for political offenses and common offenses related thereto. In no case may pardons include civil liabilities toward private individuals; | <br>(36) To grant general amnesties for political offenses and common offenses related thereto. In no case may pardons include civil liabilities toward private individuals; | ||
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<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) To approve the General Budget of Revenues and Expenditures of the Republic, after first discussing the taxes which, in its judgment, must be levied to cover it; | + | (1) To approve the General Budget of Revenues and Expenditures of the Republic, expenditures, after first discussing the taxes which, in its judgment, must be levied to cover it; |
<br>(2) To initiate the consideration of bills relating to the tax, monetary, and banking systems, and to the contracting of loans; | <br>(2) To initiate the consideration of bills relating to the tax, monetary, and banking systems, and to the contracting of loans; | ||
<br>(3) To initiate the consideration of any bill relating to electoral or municipal legislation; | <br>(3) To initiate the consideration of any bill relating to electoral or municipal legislation; | ||
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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 Republic, and the national anthem; | <br>(11) To establish, by a three-fourths vote, the national coat of arms, the flag of the Republic, and the national anthem; | ||
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Laws which are enacted on matters governed by organic laws are subject to the rules contained in the latter. | Laws which are enacted on matters governed by organic laws are subject to the rules contained in the latter. | ||
- | <u>Article.</u> | + | <u>Article.</u> Bills may be introduced in either chamber, except those which by a special provision of this Constitution must necessarily be introduced either in the Chamber of Deputies or the Senate. |
- | The bills | + | <u>Article.</u> The introduction of bills pertains to: |
+ | |||
+ | (1) The President of the Republic; | ||
+ | <br>(2) The Delegated Committee of Congress or the Permanent Committee of either chamber; | ||
+ | <br>(3) Deputies and senators numbering not less than three. | ||
<u>Article.</u> All bills shall be presented with a statement of reasons for them. | <u>Article.</u> All bills shall be presented with a statement of reasons for them. | ||
- | <u>Article.</u> | + | <u>Article.</u> Once a bill is approved by the chamber that originated it or that dealt with it first, it shall go to the other chamber for consideration. If that chamber in turn approves the bill, it becomes sanctioned, and the executive power shall promulgate it as a law, if it also approves of the bill. Any bill not objected to and not returned to the chamber of origin within ten working days shall be considered approved by the executive power, in which case the bill shall automatically be promulgated, and the order shall be given for its publication. |
- | <u>Article.</u> | + | <u>Article.</u> The bills submitted to the Congress by the executive power shall be discussed and acted upon in the session of the same year, unless they have been returned for lack of time to consider them. Otherwise, it shall be considered that they were sanctioned, and the executive power shall promulgate them as laws. |
- | <u>Article.</u> | + | <u>Article.</u> If bill is objected to in part by the executive power, it shall be returned to the chamber of origin for it to study the objections and state its judgments thereon. When this action has been taken, the bill shall go to the other chamber for the same purpose. If both chambers uphold the original sanction by an absolute majority vote, the executive power shall promulgate it; but if the chambers disagree on the objections, the bill shall not be reconsidered in the session of that year. |
- | <u>Article.</u> A bill rejected | + | <u>Article.</u> A bill that shall have been completely rejected by the executive power may be considered again at the session of that year only by an affirmative vote of a two-thirds absolute majority of both chambers. In that case the bill shall be reconsidered, and if an absolute majority has been obtained in the two chambers, the executive power shall promulgate it. |
- | + | <u>Article.</u> No bill that shall have been completely rejected by the chamber of origin may be presented a second time for consideration at the same session, except the General Budget of Revenues and Expenditures of the Republic. | |
- | <u>Article.</u> | + | <u>Article.</u> When a bill approved by one of the chambers has been totally rejected by the other, it shall go back to the former for reconsideration. If the chamber of origin ratifies it by an absolute majority, it shall again go to the chamber that reviews it, which can reject it again only by a two-thirds absolute majority. If such a majority has not been obtained, the bill shall be considered sanctioned. |
- | <u>Article.</u> If a bill | + | <u>Article.</u> If a bill shall have been objected to only in part or modified by the chamber that considered it in the second place, it shall be returned to the other chamber for judgment on the questioned points. If it approves them, the bill is sanctioned; but if it rejects them by an absolute majority, the bill shall return to the other chamber, whose favorable vote by a two-thirds absolute majority shall be definitive for sanction of the bill. |
- | <u>Article.</u> | + | <u>Article.</u> If the chamber that reviews a bill approved by the chamber of origin does not act upon it within three months that chamber shall be considered to have given it a favorable vote and the bill shall go to the executive power to be promulgated. |
- | <u>Article.</u> | + | <u>Article.</u> Regardless of their stage of passage, the executive power may withdraw any bills that it has sent from Congress and table them or postpone their presentation until another legislative session. |
- | <u>Article.</u> | + | <u>Article.</u> A law is not binding unless it is promulgated and published. The publication of laws shall be regulated. |
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<u>Article.</u> The phrase to be used in the sanction of laws shall be the following: "The national Congress of the Republic of _____ sanctions with the force of Law." For the promulgation of laws, the tenor of the formula shall be: "Be it enacted as a law of the Republic, published, and entered in the Official Register" (Registro Oficial). | <u>Article.</u> The phrase to be used in the sanction of laws shall be the following: "The national Congress of the Republic of _____ sanctions with the force of Law." For the promulgation of laws, the tenor of the formula shall be: "Be it enacted as a law of the Republic, published, and entered in the Official Register" (Registro Oficial). | ||
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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> | ||
- | <u>Article.</u> | + | <u>Article.</u> |
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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) 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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(1) To attend the opening of regular sessions of Congress and present to it a report concerning the acts of his administration; | (1) To attend the opening of regular sessions of Congress and present to it a report concerning the acts of his administration; | ||
- | <br>(2) To | + | <br>(2) To convoke Congress in extraordinary session; |
- | <br>(3) To prepare the General Budget of Revenues and Expenditures of the Republic each year and present it to the | + | <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>(4) To present to the chambers, within ninety days after Congress is installed, the annual record or report of each branch of the administration; | <br>(4) To present to the chambers, within ninety days after Congress is installed, the annual record or report of each branch of the administration; | ||
<br>(5) To present to the chambers proposals for laws and to submit treaties and contracts as require legislative approval; | <br>(5) To present to the chambers proposals for laws and to submit treaties and contracts as require legislative approval; | ||
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(1) To comply with and enforce the Constitution and the laws; | (1) To comply with and enforce the Constitution and the laws; | ||
<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 appoint and remove | + | <br>(3) To appoint and remove freely the Ministers of State and other officers and employees of the executive branch, and other government officials whose appointment and tenure of post are not regulated in any other way by this Constitution or by law; |
- | + | <br>(4) 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>( | + | <br>(5) To appoint the Attorney General, with the approval of the Senate, or during its recess, of the Delegated Committee of Congress; |
- | <br>( | + | <br>(6) To conduct the foreign relations of the Republic; |
- | <br>( | + | <br>(7) To receive chiefs of diplomatic missions of foreign countries and admit their consuls and to appoint ambassadors and ministers plenipotentiary of the foreign service of the Republic, with the approval of the Senate, or during its recess, of the Delegated Committee of Congress; |
- | <br>( | + | <br>(8) To negotiate and sign treaties of peace, friendship, commerce, navigation, alliance, boundaries, and neutrality, and concordats and other international agreements, and to ratify them after approval by the legislative branch; |
- | <br>( | + | <br>(9) 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>( | + | <br>(10) To grant letters of marque, in accordance with rules enacted by Congress; |
- | <br>( | + | <br>(11) To grant, in conformity with the law, severance and retirement pensions and annuities; |
- | <br>( | + | <br>(12) To open and close ports and to establish, transfer, or close down maritime and frontier custom houses, and designate their location; |
<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 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>(14) 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>(14) 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>(15) 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; | <br>(15) 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; | ||
- | <br>(16 | + | <br>(16) To grant, for outstanding merit, the decorations, medals, diplomas and prizes that are established by law; |
- | + | <br>(17) To exercise the other functions of government and administration assigned to him under this Constitution. | |
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- | <br>( | + | |
<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. | ||
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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 President of the Republic shall render to Congress in joint session without delay an account of the measures taken. | The decree of suspension of guarantees shall be repealed upon the cessation of the causes for which it was invoked and the President of the Republic shall render to Congress in joint session without delay an account of the measures taken. | ||
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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 of State in | + | <u>Article.</u> The Ministers of State, in a meeting presided over by the President of the Republic, form the Council of Ministers. Its organization and function are determined by law. |
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<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. |