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Scope and Use

This entry forms part of a referential corpus in the Appendix, comprising the twenty-five constitutions of Venezuela, organized for consultation rather than sequential reading.   Each rubric carries a permanent code in the form FAMILY-MEMBER (FND foundations, CIV civic status, POW public powers, ECO fiscal and economic, RTS rights, REG special regimes, CON constitutional self-regulation)—for example POW-LEG or REG-SLA.   The codes denote identity, not order: each constitution lists only the rubrics that pertain to it, an absent rubric signifies silence rather than oversight, and a retired rubric is marked with its span and never reassigned (thus REG-SLA, 1811–1854).   Comparison proceeds by matching codes across the twenty-five constitutions, not by position.    Citations are anchored first on the article number, with the charter’s own division as secondary locator (Capítulo/Sección in 1811; Título/Sección in 1821), following the CIDEP recension linked at each entry’s close.   The full corpus definition, methodology, and citation convention appear in the Scope and Use note heading the 19^{th-Century Constitutions}, https://observationsonthenatureofperception.com/2026/06/15/unmasking-disappointment-series-xi/

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3). The 1830 Constitution (Constitución del Estado de Venezuela) was adopted by the Constituent Congress in Valencia on 22 September 1830 and was promulgated two days later on 24 September (Tit. I, Arts. 1–2).  This Constitution declared the Venezuelan nation forever and irrevocably free and independent of every foreign power or domination and established that it neither was nor would ever be the patrimony of any family or person (Tit. I, Art. 2; cf. 1821, Tit. I, Art. 1:   “The Colombian nation is forever and irrevocably free and independent of the Spanish Monarchy and of every foreign power or domination, nor is it or shall it ever be the patrimony of any family or person.”).  

• DOC-PRE—Preamble (translated by the author in a contemporary register):

“Formed by the deputies of the Provinces of Cumaná, Barcelona, Margarita, Caracas, Carabobo, Coro, Mérida, Barinas, Apure, and Guayana.

“IN THE NAME OF GOD ALMIGHTY, AUTHOR AND SUPREME LEGISLATOR OF THE UNIVERSE

“We, the representatives of the people of Venezuela, assembled in Congress, in order to form the most perfect union, establish justice, secure domestic tranquility, provide for the common defense, promote the general welfare, and secure the precious gift of liberty for ourselves and our descendants, do order and establish the present CONSTITUTION.”

• FND-TER—Territory:

The 1830 Constitution divided the national territory into provincias [provinces], cantones [cantons], and parroquias [parishes], with their limits to be determined by law (Tit. I, Art. 5; cf. 1821, Tit. II, Arts. 6, 8:   “the territory of Colombia was divided into departments, provinces, cantons, and parishes.”).   The national territory was defined as all that which before the political transformation of 1810 had been denominated the Capitanía General de Venezuela (Art. 5; cf. 1821, Art. 6:   “The territory of Colombia is that comprehended within the former Viceroyalty of New Granada and Captaincy General of Venezuela.”). The Constitution did not enumerate the provinces.   The Ley de División Territorial [Law of Territorial Division] enacted in 1830 established thirteen provinces and provided for their division into cantones [cantons] and parroquias [parishes] (Ley de División Territorial, 1830:    “The territory of Venezuela comprises all that which before the political transformation of 1810 was denominated the Captaincy General of Venezuela.    For its better administration it shall be divided into provinces, cantons, and parishes, whose limits shall be fixed by law.”).

• POW-LEG—Congress:

The 1830 Constitution retained a bicameral Congreso [Congress] composed of a Senado [Senate] and a Cámara de Representantes [Chamber of Representatives] (Tits. X–XV; cont. 1821, Tit. IV, Arts. 40–41:   The Colombian Congress shall be divided into two Chambers, the Senate and the Chamber of Representatives.   Laws may originate in either chamber, and each may respectively propose to the other objections, alterations, or additions for its examination, or refuse its consent to the proposed law by an absolute negative).    Senators, two per province, were elected by the colegios electorales [provincial electoral colleges] to staggered four-year terms (Tit. XII, Arts. 60–61; cf. 1821, Tit. IV, § 7, Art. 93:   The term of office of senators shall be eight years.   However, the senators of each department shall be divided into two classes: those of the first shall become vacant at the end of the fourth year, and those of the second, at the end of the eighth; so that, every four years, half of them shall be elected.   At this time, the Chamber, in its first meeting, shall draw by lot the two senators from each department whose terms shall expire at the end of the first term).  Representatives served four-year terms, renewed by halves (Tit. XI, Art. 56; Tit. XIII, Art. 79; cont. and new; cf. 1821, Tit. IV, § 6, Art. 91:   “Representatives shall remain four years in the exercise of their functions”; Tit. IV, § 7, Art. 93:   “every four years one half of the Senators shall be elected.”).  Among the powers of Congress were the enactment of laws, the establishment of taxes and contributions, the decree of public expenditures, the declaration of war, and the approval of treaties (Tit. XIV, Art. 87; cont. 1821, Tit. IV, § 2, Art. 55).    Legislative initiatives could originate in either chamber, except for tax laws, which were restricted to the Cámara de Representantes [Chamber of Representatives] (Tit. XV, Art. 88; cont. 1821, Tit. IV, Art. 42:   Laws on contributions or taxes are excepted, as they may originate only in the Chamber of Representatives; however, the Senate retains the ordinary right to add to, alter, or reject them).    Bills were to receive three readings in the chamber of origin on separate days before being transmitted to the other chamber, where they underwent the same procedure (Tit. XV, Arts. 89, 92; cont. 1821, Tit. IV, § 1, Arts. 41, 43:   bills accepted under the rules of debate undergo three discussions in separate sessions, with an interval of at least one day between each, without which they cannot be decided).

• ECO-TES—Treasury:

The 1830 Constitution empowered the Congreso [Congress] to impose taxes, oversee their investment, and decree public expenditures on the budgets presented by the Executive (Tit. XIV, Art. 87, §§ 2, 12; cont. 1821, Tit. IV, § 2, Art. 55).   A Secretario de Hacienda [Secretary of the Treasury] was assigned to the Presidente de la República [President of the Republic] for the administration of finances (Tit. XVIII, Art. 134; cont. 1821, Tit. V, § 4, Art. 136).

• POW-EXE—Executive:

The 1830 Constitution vested executive power in a Presidente de la República [President of the Republic] (Tit. XVI, Art. 103; cont. 1821, Tit. V, § Primera, Art. 105:       “The Executive Power of the Republic shall be vested in a President”).      Provision was made for presidential succession.       In the event of simultaneous vacancy of the presidency and vice presidency, the Vicepresidente del Consejo de Gobierno [Vice President of the Council of Government] exercised executive authority until new elections (Arts. 113–114; cont.; cf. 1821, Art. 110:      “In the temporary absences of the President and Vice President of the Republic, the President of the Senate shall exercise the Executive Power”; “If both offices become absolutely vacant, they shall be filled immediately in the manner prescribed by the Constitution”).      If both the presidency and vice presidency were vacant, the Vicepresidente del Consejo de Gobierno [Vice President of the Council of Government] exercised executive authority until new elections (Art. 114; cont.; cf. 1821, Art. 110:     “The President of the Senate shall exercise the Executive Power in temporary absences of the President and Vice President”; “If both offices become absolutely vacant, they shall be filled immediately in the manner prescribed by the Constitution”).      The President served a four-year term and was elected according to the electoral procedures established in Titles VI–IX (Tits. VI–IX; cont. 1821, Tit. III, §§ Primera y Segunda, Arts. 12–39).     The President was required to be a native-born Venezuelan and to possess the qualifications required of a Senator (Art. 104; cf. 1821, Art. 106:   “the President had to be a Colombian citizen by birth”.).      If no candidate received the required two-thirds majority, Congress completed the election (Arts. 105–107; cont. 1821, Arts. 72–74).     Among the powers of the President were the execution of laws, decrees, and acts of Congress; command of the armed forces; preservation of internal order and external security; convocation of Congress in ordinary and extraordinary sessions; declaration of war after congressional decree; direction of diplomatic negotiations; conclusion of treaties subject to congressional approval; appointment and removal of Secretarios del Despacho [Cabinet Secretaries]; appointment of diplomatic ministers, commercial agents, and public officials; granting of military retirements and licenses; issuance of navigation patents; issuance of patentes de corso y represalias [letters of marque and reprisal] when authorized by Congress; and appointment of provincial governors from lists submitted by the diputaciones provinciales [provincial deputations] (Art. 117, §§ 1–21; cf. 1821, Tit. V, Arts. 113–117:   “To cause the laws, decrees, and acts of Congress to be executed”; “to command the armed forces of the Republic”; ”To direct diplomatic negotiations and conclude treaties, subject to the approval and ratification of Congress”; “To appoint and remove freely the Secretaries of the Despacho”; “To convene Congress extraordinarily when grave circumstances require it.”).    Treaties of peace, truce, friendship, offensive and defensive alliance, neutrality, and commerce could be concluded by the President, but required congressional approval before ratification (Art. 117, § 7; cont. 1821, Tit. V, Art. 120).    The President could not leave the territory while exercising executive power, nor during the year following the expiration of that authority; could not command the armed forces in person without the prior agreement and consent of Congress; could not expel or imprison a Venezuelan except in the case established by Article 118; could not interfere with judicial proceedings; and could neither dissolve the Chambers nor suspend their sessions (Art. 121; cf. 1821, Art. 126:    “The President may not leave the territory of Colombia during the exercise of his functions, nor for one year thereafter”; Art. 132:    “He may not deprive any individual of personal liberty; and should the welfare and security of the Republic require the arrest of a person, he may order it, provided that the detainee is placed within forty-eight hours before the competent court or judge”).    The President appointed the Secretarios del Despacho [Cabinet Secretaries].    The offices of Interior and Justice, Treasury, and War and Navy were established, with Foreign Relations assigned by the Executive to one of those secretariats (Arts. 117, § 8, and 134; cf. 1821, Tit. V, § 4, Art. 136:   the earlier text established Secretaries of State for Foreign Affairs, Interior, Treasury, Navy, and War).      Secretaries were required to possess the qualifications of a Representative (Art. 135; cont.; cf. 1821, Tít. V, § 4, Art. 136:   “They must possess the same qualifications required for a Representative”).    Executive decrees, orders, and provisions required the countersignature of the corresponding Secretary (Art. 136; cont.; cf. 1821, Tít. V, § 4, Art. 138:    “No decree, order, or provision of the Executive Power shall be carried into effect without the signature of the Secretary of the department to which it pertains”).    Secretaries could be summoned by either chamber of Congress and were required to report on matters within their departments (Art. 137; cont.; cf. 1821, Tít. V, § 4, Art. 139:  “The Secretaries of the Despacho shall report to each Chamber, at the beginning of its sessions, on the condition of the business of their respective departments, and shall furnish whatever reports they may be required to present”).

• POW-GOV—Council of Government:

The 1830 Constitution established a Consejo de Gobierno [Council of Government] composed of the Vice President of the Republic, who presided over it, five miembros del Consejo [councillors], and the Secretarios del Despacho [Cabinet Secretaries] (Tit. XVII, Art. 123; cf. 1821, Tit. V, § 4, Arts. 133–134:   “The Council of Government shall be composed of the Vice President of the Republic, a minister of the High Court of Justice, and the Secretaries of the Despacho.”).    One of the five miembros del Consejo [councillors] was to be a member of the Corte Suprema de Justicia [Supreme Court], appointed by that tribunal every two years, while the remaining four were elected by the two chambers of Congress meeting jointly for four-year terms with biennial partial renewal (Art. 124; cf. 1821, Arts. 133–134:    “a member of the High Court of Justice appointed by it”; Art. 134: “one-half being renewed every two years”).    The Council chose a Vice President from among the members not appointed by the Executive (Art. 125; new; cf. 1821:   no corresponding provision).    Councillors were required to possess the qualifications established for Senators, and any miembro del Consejo [councillor] designated to replace the Vice President of the Republic had to be Venezuelan by birth (Art. 126; new; cf. 1821, Art. 133:    “The Council of Government shall be composed of the Vice President of the Republic, a minister of the High Court of Justice, and the Secretaries of the Despacho”).   The Council gave its consultative vote in the cases specified by the Constitution and in other grave matters submitted by the Executive, granted or withheld its consent in the matters expressly assigned to it by the Constitution, and during the recess of Congress, exercised the functions assigned by Article 118 (Art. 127, §§ 1–3; cf. 1821, Art. 134:   “Its opinion shall be heard in all grave matters whose resolution the Executive may deem advisable to submit to it”; “It shall perform the functions assigned to it by the Constitution during the recess of Congress”).    The Council could not meet without the attendance of an absolute majority of its members (Art. 128; new; cf. 1821:   no quorum provision).    Provision was made for the replacement of absent Secretaries, the judicial councillor, and congressionally elected councillors (Art. 129; new; cf. 1821:   no corresponding provision).  The Council met in three ordinary sessions each week and in extraordinary sessions when convened by the President of the Republic (Art. 130; new; cf. 1821:   no schedule of sessions prescribed).   Decisions were adopted by absolute majority vote; however, matters governed by Article 118 required the concurrence of at least two-thirds of all members of the Council (Art. 131; new; cf. 1821:    no voting rules prescribed).    The Council kept a register of its opinions, transmitted an authenticated annual copy to Congress, and excepted reserved matters (Art. 132; cont.; cf. 1821, Art. 135:    “The Council shall keep a register of all its opinions and shall transmit each year to the Senate an exact copy thereof, excepting only matters that remain reserved”).   Members of the Council were responsible for their opinions and for the performance of their duties (Art. 133; new; cf. 1821:   no corresponding provision).

• POW-JUD—Judiciary:

The 1830 Constitution vested judicial power in a Corte Suprema de Justicia, Cortes Superiores, juzgados de primera instancia, and such other tribunals as might be established by law (Tit. XIX, Art. 141; cont. 1821, Tit. VI, Arts. 140, 147, 149).    The Corte Suprema de Justicia consisted of a Presidente, three jueces, and a fiscal [public prosecutor] (Tit. XX, Art. 144; cf. 1821, Tít. VI, Art. 140:    the Alta Corte de Justicia was to consist of at least five members).   Members of the Court were required to be Venezuelan, at least forty years of age, and to have served as magistrates of a Corte Superior or, until such courts were established, to have practiced law with credit for ten years (Art. 145; cf. 1821, Art. 141:   members of the Alta Corte were required to enjoy the rights of an elector, be lawyers in good standing, and be at least thirty years of age).   The President of the Republic presented a triple list of candidates to the Cámara de Representantes; the Cámara reduced the list to two candidates; and the Senado appointed the members of the Court (Art. 146; cont. 1821, Art. 142).    The Corte Suprema de Justicia, together with the Senado, heard the cases specified in Article 122 against the Presidente and Vicepresidente de la República and heard the cases specified in Article 147 concerning members of the Consejo de Gobierno, the Secretarios del Despacho, and its own members (Art. 147, §§ 1–2; cont.; cf. 1821, Arts. 97, 102–104:     “To hear accusations brought against the President of the Republic, the Vice President, and members of Congress”; Art. 102:     “To hear cases concerning ministers, diplomatic agents, governors of departments, and members of the High Court of Justice”).   The Court exercised the powers and jurisdictions assigned by Article 147, §§ 3–10, including disputes involving public officers, diplomatic agents, ecclesiastical jurisdictions, admiralty matters, and questions arising under treaties, together with the authorities assigned by Articles 148–149 (Arts. 147–149; cont.; cf. 1821, Tít. VI, Art. 103:      “To hear and determine disputes arising from contracts, negotiations, or agreements made by the Executive Power”; Art. 104:      “To hear controversies concerning diplomatic agents and other public officials in the cases established by law”).    The Cámara de Representantes accused members of the Court and the Senado judged them (Art. 149; cont. 1821).    At least three Cortes Superiores were established, and the law determined their powers (Tít. XXI, Art. 150; cf. 1821, Tít. VI, Art. 147:     “For the more prompt and convenient administration of justice, Congress shall establish throughout the Republic such Superior Courts as it deems necessary, assigning to each the territory of its jurisdiction and the place of its seat”).    Members of the Corte Suprema de Justicia and the Cortes Superiores served four-year terms, renewed by halves every two years (Tít. XXII, Art. 154; new; cf. 1821, Arts. 145, 148:     “The ministers of the High Court of Justice shall hold office during good behavior”; “The ministers of the Superior Courts shall be appointed by the Executive Power upon nomination by the High Court of Justice.      Their tenure shall be that established in Article 145”).    All courts and tribunals were required to justify and substantiate their decisions (Art. 155; cont.; cf. 1821, Art. 171:    “Every judge and tribunal shall pronounce its judgments with reference to the law or legal ground applicable to the case”).

• POW-SUB—Municipal Power and Provincial Governors:

The 1830 Constitution established in each province a diputación provincial [provincial deputation] composed of one deputy for each cantón [canton], with provinces containing fewer than seven cantons nevertheless electing seven deputies distributed according to population (Tít. XXIII, Art. 156; new; cf. 1821, Tít. VII, Sec. I, Art. 151:    “There shall be an Intendant in each department of the Republic”; Sec. II, Art. 159:    “There shall be a Governor in each province”).    Deputies were required to possess the qualifications of a Representative, served four-year terms, and were renewed by halves every two years (Arts. 157–158; cf. 1821, Art. 136:     “They must possess the same qualifications required for a Representative”; Art. 134: “one-half being renewed every two years”).    The deputations met annually in the provincial capital beginning on 1 November for thirty days, extendable by ten days (Arts. 159–160; new; cf. 1821:   no corresponding provision).    Article 161 enumerated twenty-one functions of the diputaciones provinciales [provincial deputations], including reporting infractions of the Constitution and laws; presenting candidates for judicial, provincial, and cantonal offices; apportioning contributions and recruitment quotas; supervising compliance with the ley de manumisión [law of manumission]; establishing provincial and municipal taxes; contracting loans; founding banks; approving municipal budgets; issuing police regulations; and promoting public works, education, navigation, agriculture, commerce, immigration, and settlements (Art. 161).    Members of the diputaciones provinciales enjoyed protection in their persons and property during sessions and while traveling to and from them, except in the cases specified by law, and were not responsible before any authority for opinions expressed in session (Art. 165; cf. 1821, Tit. IV, § 3, Art. 66:   “Members of Congress enjoy immunity in their persons and property during sessions and while going to them or returning to their homes, except in cases of treason or another grave offense against the social order, and are not responsible before any authority or at any time for the speeches and opinions they have expressed in the Chambers.”).    Each diputación provincial elected its own president, appointed its secretary, and conducted its proceedings according to the rules established in Articles 166–169 (Arts. 166–169; new).    Each province had a gobernador [governor] appointed by the Executive from a list submitted by the respective diputación provincial (Tit. XXIV, Arts. 170–175; cf. 1821, Tít. VII, Sec. 2, Art. 159:     “In each province there shall be a governor who shall have its immediate administration in subordination to the Intendant of the department, with the powers detailed by law.”).   Each cantón had the official designated by law, while each parroquia [parish] had jueces de paz [justices of the peace] and concejos municipales [municipal councils] exercising the functions assigned by law (Arts. 176–179; cont. and new; cf. 1821, Tít. VII, Sec. 2, Art. 155:     “The cabildos or municipalities of the cantons shall continue to exist; Congress shall regulate their number, limits, powers, and whatever conduces to their better administration.”).

• CON-AMD—Amending the Constitution:

The 1830 Constitution authorized either chamber of Congress to propose amendments supported by one-fifth of the members present (Tit. XXVIII, Art. 225; new).    Such proposals were to be debated according to the procedure established for legislative acts and, if approved by two-thirds of the members present in each chamber, were to be printed and reserved until the meeting of the next Congress after the complete renewal of both chambers (Art. 225; new; cf. 1821, Art. 190:   “When two-thirds of the members of each chamber deem it necessary to reform certain articles of the Constitution, the proposal may be made in writing and supported and discussed as a law; but deliberation shall be deferred until the following legislature, after the renewal prescribed for the Senate and Chamber of Representatives.”).    If again approved by two-thirds of the members present in each chamber, the amendment became part of the Constitution and was transmitted to the Executive for publication and observance (Art. 226; cf. 1821, Art. 190:     “If the proposal is then ratified by two-thirds of each chamber, it shall have the force of a constitutional law and shall be incorporated into the Constitution.”).    Congress was authorized to adopt provisions concerning federative pacts among the States that had formerly constituted Colombia when the conditions specified in Article 227 existed and in conformity with the principles there expressed (Art. 227; new; cf. 1821:   no corresponding provision).   The Constitution declared that the form of government would remain republicano [republican], popular [popular], representativo [representative], responsable [responsible], and alternativo [alternative], and excluded that form from amendment (Art. 228; new; cf. 1821, Art. 190:   “The constitutional bases contained in Title I, Section 1, and Title II, Section 2, “… never may the constitutional bases contained in Title I, Section 1, and Title II, Section 2 be altered.”).

• CIV-SUF—Suffrage:

The Constitution of 1830 provided that the people would exercise by themselves no attribute of sovereignty other than primary elections and would not deposit its exercise in a single person (Tít. II, Art. 7; cf. 1821, Tít. II, Art. 10:    “The people shall not exercise by themselves any other attributes of sovereignty than primary elections; nor shall they deposit its exercise in a single set of hands.”).    It retained the indirect electoral system composed of asambleas parroquiales [parish assemblies] and colegios electorales [electoral colleges], convened every two years, with electores [electors] serving two-year terms (Títs. VI–IX; cont. and new; cf. 1821, Tít. III, Art. 12:   “there shall be a parish assembly on the last Sunday of July every four years”; Art. 33:    “The office of elector shall last four years”).    Parish assemblies elected the electors of each canton, while the electoral colleges elected the President, Vice President, Senators, Representatives, and members of the diputaciones provinciales [provincial deputations] (Arts. 23, 36; cont. and new; cf. 1821, Art. 18:   “The object of the parish assemblies is to vote for the elector or electors corresponding to the canton”; Art. 34:   “The functions of the electoral assemblies are to vote”).    Parish voters were required to possess and exercise the rights of citizenship, while separate qualifications were established for electors (Arts. 21, 27; cont. and new; cf. 1821, Art. 15:   “To be a parish voter it is required …”; Art. 21:    “To be an elector it is required …”).    Elections were conducted in assemblies that remained in session for eight continuous days, after which they were dissolved, and any act performed outside the prescribed term was declared null and contrary to public security (Tít. IX, Art. 45; cont. and new; cf. 1821, Art. 25:    “Elections shall remain open for the term of eight days” ; Art. 32:    “Articles 24 and 25 are common to the electoral assemblies”).   When a person was elected by two provinces to Congress, the seat corresponded to the province of residence and the alternate representative filled the other vacancy (Art. 42; cf. 1821, Tít. IV, § 5, Art. 81:   “If one person shall be elected simultaneously by the province of his birth and by that of his residence, the election by reason of birth shall prevail.”).    The president of each electoral college was required to notify those elected without delay so that Senators and Representatives could attend the next meeting of Congress and members of the diputaciones provinciales could appear in the provincial capital on the day assigned to them (Art. 43; cont. and new; cf. 1821, Art. 38:     “shall notify those elected without delay so that they may attend the next meeting.”).  Any person who sold, purchased, or solicited votes lost the right to vote and to be elected for four years, in addition to any penalties established by law (Art. 46; cont. and new; cf. 1821, Art. 16, no. 3:     “For having sold his vote or purchased that of another”).    Doubts and disputes concerning qualifications, electoral forms, nullities, and allegations of bribery were decided by the parish assemblies or electoral colleges, and when obscurity or lack of explanation was observed in any point relating to these matters, a consultation could be elevated to Congress so that its clarification might serve as a rule in future cases (Art. 47; cont. and new; cf. 1821, Art. 23:     “Doubts or controversies concerning qualifications or electoral forms…”).

• CIV-CIT—Citizenship:

The 1830 Constitution defined venezolanos [Venezuelans] as either native-born or naturalized (Tit. III, Art. 9; cont. 1821, Tit. I, § 2, Art. 4).    Native-born Venezuelans included free men born in the territory of Venezuela; those born of a Venezuelan father or mother anywhere within the territory that had formed the Republic of Colombia; and those born abroad to Venezuelan parents absent in public service, on public business, or with authorization from competent authority (Art. 10, cont. and new; cf. 1821, Tit. I, § 2, Art. 4:    “All free men born in the territory of Colombia are Colombians by birth”).    Naturalized Venezuelans included persons not born in Venezuela who had been domiciled there on 19 April 1810 and had remained faithful to the cause of independence; children of Venezuelan parents born abroad whose parents had not been absent in public service or on public business, provided that they came to Venezuela and declared, in the manner prescribed by law, their intention to establish domicile there; foreigners who had received a carta de naturaleza [letter of naturalization] according to law; persons born in the other two sections of the former Republic of Colombia who were or became domiciled in Venezuela; and foreigners who had rendered important services to the cause of independence upon the corresponding declaration (Art. 11, §§ 1–5; cont. and new; cf. 1821, Art. 4:    “Those who were domiciled in Colombia at the time of its political transformation, provided they remain faithful to the cause of independence”; “Those not born in Colombia who obtain letters of naturalization”; and Art. 184:     “Foreigners who during the war of independence rendered one or more campaigns with honor or other very important services in favor of the Republic.”).

• RTS-GAR—Rights (and Civic Duties):

The 1830 Constitution regulated political rights through provisions governing citizenship, suffrage, eligibility for office, and the loss or suspension of citizen rights (Tit. IV–V; cont. 1821, Tít. III).    It enumerated civic duties, including submission to the Constitution and laws, respect and obedience to the authorities constituted by them, contribution to public expenses, and readiness at all times to serve and defend the patria [homeland], even at the sacrifice of property and life if necessary (Tit. IV, Art. 12; cont. and new; cf. 1821, Tit. I, § 2, Art. 5:    “Every Colombian is bound to live subject to the Constitution and the laws, to respect and obey the authorities constituted by them, to contribute to public expenses, and at all times to be ready to serve and defend the homeland.”).    All Venezuelans enjoying the rights of citizenship and possessing the qualifications required by the Constitution and laws could vote and hold public office (Tít. V, Art. 13; cont.; cf. 1821, Tít. III, Art. 15:     “To be a parish voter it is required: First, to be a Colombian; Second, to be married or over twenty-one years of age; Third, to know how to read and write …”; Art. 21:     “To be an elector it is required: First, to be a parish voter whose rights are not suspended.”).    To enjoy the rights of citizenship a person had to be Venezuelan, married or over twenty-one years of age, able to read and write when required by law, and possess either qualifying property, occupation, profession, industry, or salary as prescribed by Article 14 (Art. 14; cont.; cf. 1821, Tít. III, Art. 15:    “To be a parish voter it is required to be a Colombian in the exercise of the rights of citizenship”; Art. 21:     “To be an elector it is required to be a citizen in the exercise of his rights”).    Citizen rights were lost by naturalization in a foreign country, acceptance of employment under another government without congressional authorization while holding an office of honor or trust in the Republic, service against Venezuela, or conviction to corporal or infamous punishment until rehabilitation (Art. 15; cont. and new; cf. 1821, Art. 16:     “The status of parish voter is lost by accepting employment under another government without permission”; “By sentence imposing afflictive or infamous punishment”; “By having sold one’s vote or purchased that of another.”).    Citizen rights were suspended by mental incapacity, domestic service, bankruptcy, indebtedness to public funds after maturity, declared vagrancy, habitual intoxication, pending criminal prosecution, or judicial interdiction (Art. 16; cont. and new; cf. 1821, Art. 17:     “The exercise of parish suffrage is suspended in the insane”; “In bankrupt debtors and declared vagrants”; “In those under criminal prosecution”; “In debtors to public funds whose term has expired.”).

• REG-MIL—The Military:

The 1830 Constitution provided that the Fuerza Armada [Armed Force] consisted of the Ejército Permanente [Permanent Army], the Milicia Nacional [National Militia], and the Marina [Navy] (Tit. XXV, Art. 180; new; cf. 1821, Tit. IV, Art. 55, §§ 13–15:   “It belongs exclusively to Congress to decree the conscription and organization of the armies, determine their strength in peace and war, decree the construction and equipment of the navy, and form the ordinances governing the land and sea forces.”).    The Permanent Army was charged with guarding the salient points of the Republic and remained under military command, while the National Militia was placed under the orders of the provincial governors, its service being regulated by law (Arts. 181, 184; new; cf. 1821:   no corresponding constitutional classification of the armed force).    Members of the armed force in active service remained subject to leyes militares [military laws], and officers of the army and navy could be removed only by judicial sentence (Arts. 182–183; cont. and new; cf. 1821, Art. 174:   “No Colombian shall be subject to military laws or suffer punishments prescribed by them, except those employed in the Navy or in the militias who are in actual service.”).

• REG-REL—Religion:

The 1830 Constitution invoked Dios Todo Poderoso, Autor y Supremo Legislador del Universo [God Almighty, Author and Supreme Legislator of the Universe] in its preamble (Preamble; cont. and new; cf. 1821, Preamble:   “In the name of God, Author and Legislator of the Universe.”).

• REG-SLA—Slavery:

The 1830 Constitution assigned to the diputaciones provinciales [provincial deputations] responsibility for overseeing compliance with the ley de manumisión [law of manumission] (Tit. XXIII, Art. 161).

• ECO-INF—Infrastructure:

The 1830 Constitution empowered Congress to promote public education, the progress of science and the arts, and establishments of general utility, and to grant temporary exclusive privileges for their encouragement and development (Tit. XIV, Art. 87, no. 17; cont. 1821, Tit. IV, Art. 55, no. 19:   “Congress shall promote by laws public education, the progress of the sciences and arts, and establishments of public utility, granting for a limited time exclusive privileges for their encouragement.”).  Congress was also authorized to contract with citizens or companies, whether national or foreign, for river navigation, the opening of roads, and other works of general utility (Art. 87, no. 16; new; cf. 1821:     no corresponding provision).    The Constitution further provided that no branch of labor, cultivation, industry, or commerce would be prohibited to Venezuelans except those then necessary for the subsistence of the Republic, which Congress might liberalize when it deemed the time opportune and convenient; activities contrary to morality or public health were excepted from this guarantee (Art. 209; cont. and new; cf. 1821, Tit. VIII, Art. 178:     “No branch of labor, cultivation, industry, or commerce shall be prohibited to Colombians, except those which are now necessary for the subsistence of the Republic; Congress shall liberalize them when it deems it opportune and convenient.”).

• CON-FIN—Final Provisions:

The 1830 Constitution authorized the Congreso [Congress] to amend the Constitution, except regarding the form of government, which was to remain republicano [republican], popular [popular], representativo [representative], responsable [responsible], and alternativo [alternative] (Art. 228; cont. and new; cf. 1821, Art. 190:     “The bases contained in Section I of Title I and in Section II of Title II may never be altered.”).     The Constitution concluded with a clause entrusting observance of the constitutional order to the Head of State, future legislatures, magistrates and ministers of religion, the patriots who proclaimed independence, the warriors who secured it by arms, the care of families, and ultimately the love of liberty of all Venezuelans (Closing Clause; new; cf. 1821:     no corresponding constitutional entrustment clause).     The text was sanctioned and signed in Valencia on 22 September 1830 and promulgated on 24 September 1830 (Closing Clause; Promulgation Clause, Valencia, 24 Sept. 1830).

• Editorial Notes;

Contemporary sources from 1831 record congressional deliberations concerning constitutional questions and the implementation of governmental institutions established under the Constitution of 1830.    A review of the materials consulted has not produced an authenticated text of a constitutional revision enacted that year suitable for inclusion in this corpus.    Accordingly, no constitutional-revision rubric is presented.   This omission does not imply that no constitutional measures, interpretive acts, or implementing statutes were adopted during 1831.    Rather, it reflects the methodological criterion governing this series:    constitutional provisions are included only when their legal text has been identified and verified in a form permitting precise citation and comparison.

The original Spanish text of the 1830 Constitution is available at CIDEP (Recopilación de Leyes y Decretos de Venezuela):  https://cidep.online/files/constituciones/1830.pdf

*

4). The 1857 Constitution (Constitución de los Estados Unidos de Venezuela) was adopted by the Congreso Nacional [National Congress] on 16 April 1857 and promulgated by President José Tadeo Monagas on 18 April 1857.    It remained in force until the establishment of the constitutional order of 1858.    (Promulgation Clause, 18 Apr. 1857; cf. Constitution of 1858, 31 Dec. 1858).

• DOC-PRE—Preamble (translated by the author in a contemporary register):

“In the name of God Almighty, Author and Supreme Legislator of the Universe, we, the Representatives of the People of Venezuela, acting pursuant to Article 228 of the Constitution of 1830 and by the Legislative Decree of March 10, 1856 (which empowered Congress to undertake a general constitutional reform upon approval by two-thirds of each chamber), hereby reform said Constitution, and to this end ordain and establish the following:”

• FND-TER—Territory:

The 1857 Constitution stated that Venezuela’s territory was that of the former Capitanía General de Venezuela [Captaincy General of Venezuela] and preserved its division into provincias [provinces], cantones [cantons], and parroquias [parishes] (Tít. I, Art. 3; cont. 1830, Tít. I, Art. 5:    “The territory of Venezuela comprises all that was denominated the Captaincy General of Venezuela before the political transformation of 1810; for its better administration it shall be divided into provinces, cantons, and parishes.”).   Although Article 3 did not indicate the number of provinces, a legislative act dated 18 April 1856 increased their number from thirteen to twenty-one (Ley de División Territorial, Gaceta Oficial, 18 Apr. 1856; sesiones del Congreso Nacional, 1856).   The Constitution assigned provincial administration to gobernadores [governors] appointed by and subordinate to the Executive (Tít. XVII, Art. 88, §§ 1–2; cont. and new; cf. 1830, Tít. XXIV, Art. 170:   “The superior political regime of the provinces shall be entrusted to a governor dependent upon the Executive Power, of whom he is the natural and immediate agent.”).

• POW-LEG—Congress:

The 1857 Constitution preserved a bicameral Congreso Nacional [National Congress] vested with legislative authority (Art. 16; cont. 1830, Tít. X, Art. 48:    “The Legislative Power is exercised by the Congress composed of two Chambers, one of Representatives and the other of Senators.”).   Diputados [Representatives] were elected at a ratio of one per 25,000 inhabitants, with an additional member for any remainder exceeding 15,000; each province was guaranteed at least one representative (Art. 21 & §único; new; cf. 1830, Tít. XI, Art. 51:    “Each province shall elect one deputy for every twenty thousand inhabitants, and one more for any excess of twelve thousand; and every province, even if it does not reach twenty thousand, shall elect one deputy.”).   Their term lasted six years, with renewal by halves every three years, determined by lottery when elected in the same cycle (Art. 23; new; cf. 1830, Tít. XI, Art. 56:    “Representatives shall serve for four years,” and Tít. XIII, Art. 79:    “At their first meeting … lots shall be drawn … so that half shall cease at the end of the first two years … the other half … at the end of the fourth year.”).   Senadores [Senators] were elected two per province and served six-year terms under the same renewal scheme (Arts. 25, 27; new and cont.; cf. 1830, Tít. XII, Art. 60:    “The Senate … shall be composed of two Senators for each of the provinces,” and Art. 61:    “The duration of the Senators shall be four years, renewed by halves every two years.”).    Both chambers were elected indirectly by Asambleas provinciales [provincial assemblies] composed of electores cantonales [cantonal electors] at a ratio of one elector for every 4,000 inhabitants (Art. 35, § único; new; cf. 1830: no corresponding provision).      Legislative initiative belonged to either chamber or the Poder Ejecutivo [Executive Power], except for revenue bills, which had to originate in the Cámara de Diputados [Chamber of Representatives] (Art. 40; cont. 1830, Tít. XV, Art. 88:    “Laws and decrees may originate in either Chamber … except those that establish taxes, which must necessarily originate in the Chamber of Representatives.”).   Each bill required three readings on separate days in its chamber of origin before being transmitted to the other for the same process; disagreement led either to reiteration of approval or archival of the bill (Arts. 40–42; cont. 1830, Tít. XV, Arts. 89, 92–93:    “Any bill … shall be read and debated in three distinct sessions …”; “The Chamber of origin may insist … but if this cannot be achieved, the bill shall be without effect.”).    The Executive could approve or return bills with objections within ten days—or fifteen if Congress had adjourned—and both chambers could override objections by a two-thirds vote (Arts. 44–46; cont. 1830, Tít. XV, Arts. 94–97:    “Even if approved by both Chambers … it shall not have force of law until ordered executed by the Executive … [who] shall return it with objections within ten days …; if two-thirds in both Chambers persist, it shall be returned to the Executive to be executed as law.”).   Laws followed the formula “El Congreso de Venezuela decreta” [The Congress of Venezuela hereby decrees]; amendments had to reproduce the entire revised article (Arts. 48–49; cont. 1830, Tít. XV, Arts. 99–100:    “A law that amends another must be drafted in full … declaring the amended law repealed.”; “Congress in the laws and decrees it issues shall use this formula:    ‘The Senate and the Chamber of Representatives … decree.’”).    Congress retained authority to enact, interpret, amend, and repeal laws; to contract public debt; to levy taxes; to approve expenditures; to divide the territory; to approve treaties and declarations of war; to promote education and establishments of public utility; and to grant amnesties and honors (Tít. IX, Art. 38, nos. 1–15; cont.; cf. 1830, Tít. XIV, Art. 87).    Congress was additionally authorized to establish a national bank and permit private banks, and the Constitution prohibited Congress from delegating its constitutional powers (Art. 38, no. 16; Art. 39; new).      Additional provisions regulated quorum requirements, qualifications, legislative immunities, internal procedure, and joint sessions (Arts. 29–37; cont. 1830, Tít. XIII, Arts. 72–78, 80–86: e.g., Art. 72:    “No Chamber may open its sessions without two-thirds of its members …”; Art. 83:    “Members shall not be arrested or detained during sessions …”; Art. 78:    “Sessions of both Chambers shall be public ….”).   Fiscal control and oversight of the Consejo de Gobierno [Council of Government] remained the prerogative of the Cámara de Diputados [Chamber of Representatives] (Art. 24, nos. 2–3; cont. 1830, Tít. XI, Art. 57, nos. 2–4:    “To oversee the expenditure of national revenues and examine the annual account …”; “To hear accusations against the President, Vice-President, Ministers of the Supreme Court, Councillors and Secretaries of the Executive … and also against other public employees for maladministration.”).

• ECO-TES—Treasury:

The 1857 Constitution continued the constitutional recognition of treasury administration within the Executive Power.       Appointments to civil, military, and treasury offices required consultation with the Consejo de Gobierno (1857, Tít. XI, Art. 53 §10; cont. 1830, Tít. XVI, Art. 117 §16:       “The President of the Republic shall appoint to all civil, military, and treasury posts whose appointment is not reserved to another authority, under the terms prescribed by law.”).      Congress retained authority to establish taxes and contributions, oversee the expenditure of public revenues, examine national accounts, and decree public expenditures through the budgetary process (1857, Tít. IX, Art. 38 §§ 3, 9; cont. 1830, Tít. XIV, Art. 87 §§ 2–4).      The 1857 charter further constitutionalized budgetary control by providing that no public funds could be disbursed except pursuant to appropriations authorized in the national budget approved by Congress, and that expenditures could not exceed anticipated revenues (Tít. XVI, Art. 114; new; cf. 1830:    no equivalent budgetary prohibition clause).

• POW-EXE—Executive:

The 1857 Constitution vested executive authority in a Presidente de la República [President of the Republic], with provisional succession assigned to the Vicepresidente de la República in cases defined by the Constitution (1857, Art. 52; cont. 1830, Art. 101:    “The Executive Power is vested in a Magistrate under the title of President of the Republic; in cases of vacancy, it shall be exercised provisionally by the Vice President of the Republic”).       The President retained the administrative, military, and diplomatic functions set forth in 1830, now distributed across multiple provisions (1857, Arts. 53–57; cf. 1830, Arts. 108, 121–123, 128:    “The President of the Republic shall execute and cause the laws and decrees of Congress to be executed”; “shall direct diplomatic negotiations and conclude treaties, conventions, and public agreements”; “shall appoint all civil, military, and treasury offices whose appointment is not reserved to another authority”; and “is the constitutional chief of the armed force”).       The presidential term was extended from four to six years, aligning it with the new six-year terms established for both chambers of Congress (1857, Art. 60; new; cf. 1830, Art. 104:    “The President of the Republic shall remain in office for four years, and may not be reelected without an interval of one constitutional term.”).       The electoral procedure was modified to rely on provincial assemblies of electors, with congressional selection in successive voting rounds if no candidate attained a two-thirds majority (1857, Art. 59; new; cf. 1830, Arts. 105–106:   “The election of President shall be made by the electoral colleges of the provinces”; and “Congress shall perfect the election in the cases determined by this Constitution”).       Succession provisions were expanded to cover expiration of term, death, resignation, or incapacity, with interim authority vested in the Vicepresidente del Consejo de Gobierno [Vice President of the Council of Government] when both executive offices were vacant (1857, Arts. 61, 63–64; cont. 1830, Arts. 111, 114–115:     “If the President of the Republic becomes unable to continue in office by death, resignation, or any other cause, the Vice President shall assume the exercise of the Executive Power provisionally”; and “The temporary absences of the President and Vice President of the Republic shall be supplied by the person appointed Vice President of the Council of Government by its own members.”).       The President was authorized to appoint and to remove four Secretarios del Despacho [Cabinet Members], who were required to be native-born Venezuelans with the same qualifications as Diputados [Representatives] (Arts. 62, 65–66; cont. and new; cf. 1830, Arts. 119–120:    “There shall be Secretaries of the Executive, appointed by the President of the Republic, whose offices shall be regulated by law” [no fixed number, no explicit qualification requirements]).       No executive act could be carried out without the countersignature of the corresponding Cabinet Member, who bore full responsibility for departmental measures (Art. 67; new; cf. 1830, Art. 136:    “The decrees, orders, and provisions of the President of the Republic shall not be executed unless they are countersigned by the corresponding Secretary of the Executive” [without assigning exclusive liability]).       Cabinet Members were also required to report annually to Congress and could attend its sessions with voice but without a vote (Arts. 68–70; new).       The Consejo de Gobierno [Council of Government] was transformed into a permanent consultative institution composed of the Vice President of the Republic, a rotating member of the Corte Suprema de Justicia [Supreme Court], the Cabinet Members, and four citizens elected by Congress; it was entrusted with issuing legal interpretations, advising the Executive, and preparing legislative proposals and national codes (Arts. 71–77; cont. 1830, Arts. 124–133).

• POW-JUD—Judiciary:

The 1857 Constitution vested judicial authority in the Corte Suprema de Justicia [Supreme Court of Justice], the Cortes Superiores [Superior Courts], and other courts and tribunals established by law (1857, Tít. XV, Art. 78; cont. 1830, Tít. XIX, Art. 141:    “The administration of justice shall be entrusted to a Supreme Court, superior courts, courts of first instance, and other tribunals created by law.”).   The Supreme Court was composed of a Presidente [Chief Justice], four Ministros Jueces [Associate Justices] whose functions were defined by law, and a Ministro Fiscal [Public Prosecutor], all appointed for six-year terms and eligible for reelection (1857, Art. 79; new; cf. 1830, Tít. XX, Art. 144:    “The first judicial magistracy of the State shall reside in the Supreme Court of Justice, which shall be composed of a President, three members, and a fiscal.”).   Eligibility required being a native-born Venezuelan, at least forty years of age, and having served as a Superior Court magistrate or practiced law for at least ten years. Naturalized citizens with ten years’ standing were also eligible if they met the same qualifications (1857, Art. 80; cont. and new; cf. 1830, Tít. XX, Art. 145:    “To be a minister of the Supreme Court one must be Venezuelan; be forty years of age; have been a magistrate in some superior court, or, until such courts are established, be a lawyer who has practiced with credit for ten years.”).    Congress in joint session prepared a triple list from which the Executive made the appointment (1857, Art. 81; new; cf. 1830, Tít. XX, Art. 146:    “The ministers of the Supreme Court shall be proposed by the President of the Republic to the Chamber of Representatives in a triple list. The Chamber shall reduce this number to two and present it to the Senate, which shall name those who are to compose it.”).   The Judiciary retained jurisdiction over civil and criminal matters, and the Supreme Court was authorized to resolve legal questions submitted by the Executive or other authorities, with a report to be submitted to Congress at its next session (1857, Art. 82; cont. 1830, Tít. XIX, Art. 141:    “Justice shall be administered by a Supreme Court … and other tribunals created by law”; and cf. 1830, Tít. XX, Art. 147 §10: “The Supreme Court of Justice shall hear the doubts of other tribunals concerning the meaning of some law, and shall consult Congress through the Executive Power … for the proper declaration.”).   The organization, jurisdiction, qualifications, and procedures of lower courts were left to ordinary legislation (1857, Tít. XV, Art. 82:    “The law shall also organize and determine the powers of the Superior Courts and of the other courts and tribunals, and shall designate the qualifications of their officers and the manner in which all shall exercise their functions”; cont. 1830, Tít. XXI, Art. 152:    “The law shall organize the courts of first instance, and shall designate their duration, their powers, and the manner of exercising them”; cf. 1830, Tít. XXI, Art. 150:    “There shall be at least three judicial districts and in each one a superior court, whose powers shall be designated by law”).    Judicial officers were personally liable for violations of law in the exercise of their functions, and removal could occur only by final judgment or by suspension through Executive decree upon the initiation of formal charges (1857, Arts. 83–84; cont. and new; cf. 1830, Tít. XXII, Art. 153:    “Magistrates and judges may not be suspended from office except by legally admitted accusation, nor deposed except for proven cause and sentence.”).

• POW-SUB—Municipal Power and Provincial Governors:

The 1857 Constitution vested municipal power in consejos municipales de las cabeceras de cantón [municipal councils of cantonal capitals] and in other funcionarios cantonales y parroquiales [cantonal and parish officials] and corporaciones [corporations] designated by law, with election procedures, qualifications, and terms to be defined by separate legislation (1857, Tít. XVI, Arts. 85–86; cont. and new; cf. 1830, Tít. XXIII, Arts. 161 §§11–15, 179:    “The provincial deputations shall establish provincial or municipal taxes …; they shall fix and approve annually the budget of ordinary and extraordinary municipal expenditures …; and municipal councils shall be established in the cantonal capitals, whose powers, duration, and election shall be determined by law.”).   These municipal bodies were institutionally distinct from provincial political administration and were assigned responsibility over local economic and administrative matters (Art. 86; cont. and new).   Their functions included the approval of annual municipal budgets, the regulation and oversight of local police según la ley [according to the law], the authority to petition ecclesiastical authorities for the removal of parish priests, the appointment of municipal revenue administrators, the establishment and management of municipal taxes, and the proportional distribution of national contributions among parishes (1857, Art. 87; cont. and new; cf. 1830, Tít. XXIII, Art. 161 §§11–12, 179:    “The provincial deputations shall establish provincial or municipal taxes in their respective provinces to provide for expenses, and shall fix and approve annually the budget of ordinary and extraordinary expenditures required for municipal service; and municipal councils shall be established in the cantonal capitals, whose powers, duration, and election shall be determined by law.”).   Political authority at the provincial level remained vested in gobernadores [governors] selected by the Poder Ejecutivo [Executive branch] (1857, Tít. XVII, Arts. 88–89; cont. 1830, Tít. XXIV, Arts. 170–171:    “The superior political administration of the provinces shall be entrusted to governors, agents of the Executive Power, through whom the orders relative to administration shall be communicated and circulated in the provinces … and in all matters concerning order and security, public officials shall be subordinated to the governor.”).

• CON-AMD—Amending the Constitution:

The 1857 Constitution established reform procedures under Tít. XXII (Arts. 128–130; new).    Either Chamber of the Congreso [Congress] could initiate constitutional reform, but the necessity of reform had to be declared by a two-thirds vote of the members present in each Chamber (Art. 128; cont. 1830, Tít. XXVIII, Art. 225:    “Either Cámara of the Congreso [either Chamber of Congress] may propose the reform of an article of this Constitution … if two-thirds of the members present declare it useful or necessary … it shall pass to the other Cámara …”).    Once declared, the initiating Chamber was tasked with drafting the reform bill, which would then be discussed and adopted as ordinary legislation by the next legislative session (Art. 129; cont. 1830, Tít. XXVIII, Art. 226:    “At that meeting, the Cámaras shall again consider the draft reform; if two-thirds of the members present in each Cámara approve it, the reform shall be held as part of the Constitution …”).    The draft was to be published in the press during the intervening period (1857, Art. 129; cont.).       The Constitution also prohibited any reform of the form of government, which it defined as “republican, democratic, representative, with responsibility and alternation of all public officials” (1857, Arts. 5, 130; cont. 1830, Tít. XXVIII, Art. 228:    “The authority that Congress has to reform the Constitution does not extend to the form of government, which shall always be republican, popular, representative, responsible, and alternative.”).

• CIV-SUF—Suffrage:

The 1857 Constitution upheld the principle that all venezolanos [Venezuelans] “in the exercise of the rights of citizenship” could vote and be elected, subject to the qualifications established by the Constitution and the laws (Art. 11; cf. 1830, Tít. V, Art. 13:       “All Venezuelans may vote and be elected for public offices if they are in the enjoyment of the rights of citizenship, possess the necessary aptitude, and meet the other requirements prescribed by the Constitution and the laws.”).        To exercise these rights, individuals had to be Venezuelan, either married or over eighteen years of age, and able to read and write; although enforcement of the literacy requirement was deferred until 1880 (Arts. 11–12; cf. 1830, Tít. V, Art. 14:       “To enjoy the rights of citizenship it is required: to be Venezuelan; to be married or over twenty-one years of age; to know how to read and write, though this condition shall not be obligatory until the time designated by law; and to possess the property, occupational, or income qualifications established therein.”),        Electoral rights could be suspended for naturalization in a foreign country, conviction for specified crimes, indebtedness to the treasury, or unauthorized service abroad, with reinstatement governed by law (Arts. 13–14; cf. 1830, Tít. V, Arts. 15–16:         “The rights of citizens are lost…” and “The rights of citizens are suspended…”).        The constitution continued to distinguish between citizenship and the higher qualification required of electors (Art. 15; cf. 1830, Art. 27:         “To be an elector it is required… to have attained the age of twenty-five years; to know how to read and write [1]; to be the owner of real property of an annual income of two hundred pesos… or to enjoy a salary of four hundred pesos.”)   

^[1] The literacy requirement for participation in the exercise of the rights of citizenship was formalized under the Ley de Instrucción Pública of 27 June 1870, whose Art. 19 mandated it for voting, candidacy, and jury service, effective 1 January 1880.

• CIV-CIT—Citizenship:

The 1857 Constitution defined Venezuelan nationality as acquired either by birth or by naturalization, confirming continuity for those already entitled under the 1830 charter (Tit. III, Arts. 7–10; cont.).   Political citizenship remained distinct from nationality and entailed the entitlement of political rights subject to the Constitution and the laws (Tit. IV, Arts. 11–12; cont.).       The causes of suspension were enumerated, including foreign naturalization, conviction for common crimes, unauthorized acceptance of foreign office, fraudulent bankruptcy, and delinquency in public funds, with reinstatement governed by law (1857, Arts. 13–14; cont. and new; cf. 1830, Arts. 15–16:        “The rights of citizens are lost… by naturalizing in a foreign country… by accepting employment from another government… by condemnation to corporal or infamous punishment…”; “The rights of citizens are suspended… by mental derangement… by the condition of domestic servant… by being a bankrupt debtor… by being a debtor with term expired to public funds… by judicial interdiction.”).

• RTS-GAR—Rights:

The 1857 Constitution continued the guarantees of civil liberty, individual security, property, freedom of industry, and equality before the law (Tit. XX, Arts. 97–124; cont.).        It abolished capital punishment for political crimes (Art. 98; new).        Freedoms of arbitration, domicile, movement, expression, petition, and presumption of liberty were upheld (Arts. 100–101, 115–116; cont.).        Legal protections encompassed due process, public trials, inviolability of the home and correspondence, protection against self-incrimination, and the right to natural judges (Arts. 102–107, 112, 118; cont.).         Property was declared inviolable, with expropriation allowed only for public necessity and with indemnity (Art. 108; cont.).           The charter barred torture, confiscation, and cruel punishments (Art. 109; cont.).        It also prohibited entails and other legal ties on property, alongside noble titles and hereditary privileges (Arts. 110–111; cont. and new; cf. 1830, Tit. XXVI, Art. 213:         “No titles of nobility shall be granted in Venezuela, nor hereditary distinctions.”).        It guaranteed equal protection to foreigners (Art. 113; cont.).        It reinforced fiscal safeguards with proportional taxation and prohibitions on unauthorized withdrawals (Arts. 114, 122; cf. 1830, Tit. XXII, Art. 161 §§ 11–12:    “No sum shall be taken from the treasury that is not decreed by law… Taxes shall be proportional”).    It recognized petition rights, accountability of public officials, and liability for unlawful orders (Arts. 115–121; cont.).        It confirmed inventor privileges (Art. 123; cont.).

• REG-MIL—The Military:

The 1857 Constitution declared that the armed force was “essentially obedient and cannot deliberate” and that military authority could never be united with civil authority (Arts. 92–93; cont.).   The Cámaras [Chambers] were required annually, at the proposal of the Executive, to determine the size of the permanent land and sea forces (Art. 90; cf. 1830, Art. 87 §7:    “Congress shall decree each year the sea and land force and determine what force shall exist in time of peace.”).    The Constitution retained the Milicia Nacional [National Militia] as a distinct institution under the command of provincial governors, to be mobilized upon Executive order with congressional authorization, with the approval of the Consejo de Gobierno [Council of Government] during legislative recess, or in cases of sudden unrest as prescribed by organic law (Art. 95; cont.).    Officers of the Ejército Permanente y Armada [Permanent Army and Navy] could not be removed except by final judicial sentence (Art. 94; cont.).    Finally, the charter limited the scope of military jurisdiction by stipulating that “no Venezuelan shall be subject to military laws, except those in actual service, whether in the permanent force or the national militia, quartered and paid by the State” (Art. 124; cont.).

• REG-REL—Religion:

The 1857 Constitution provided that the State would protect the religión católica, apostólica y romana [Catholic, Apostolic and Roman religion] and that the government would always support its worship and clergy in accordance with the law (Art. 4; new; cf. 1830, Preamble:    “In the name of Almighty God, Author and Supreme Legislator of the Universe”).

• REG-SLA—Slavery:

The 1857 Constitution declared that slavery could never be reestablished in Venezuela (Tít. XX, Art. 99; new; cf. 1830:    no corresponding provision).

• ECO-INF—Infrastructure:

The 1857 Constitution authorized Congress to promote by law public education, the advancement of the sciences and arts, and establishments of general utility, and to grant exclusive privileges for a limited time for their encouragement and promotion (Tít. IX, Art. 38 § 11; cont. 1830, Tít. XIV, Art. 87 § 17).

• CON-FIN—Final Provisions:

The 1857 Constitution concluded its numbered titles with Tít. XXIII, De la Confederación Colombiana [Of the Colombian Confederation], which consisted of a single article.   It authorized the Congreso [Congress] to issue the measures conducive to the Confederation of the States of Colombia and, for that purpose, to make whatever constitutional reforms might be necessary.   Congress could discuss those reforms during the sessions of the same year in which they were proposed, subject to the other requirements established in the preceding Title.   The sovereignty of the State was to be preserved in all matters pertaining to its internal regime (Art. 131; cont. 1830, Tít. XXVIII, Art. 227).   Three transitional provisions followed Article 131.   The Constitution was given and signed in Caracas on 16 April 1857 by the 118 legislators listed as present and was ordered to be complied with, published, and circulated on 18 April 1857 by President José Tadeo Monagas and his Secretaries of State.

• Note:   original Spanish text of the 1857 Constitution is available at CIDEP (Recopilación de Leyes y Decretos de Venezuela):    https://cidep.online/files/constituciones/1857.pdf