Archive for the ‘Constitutional History, Venezuelan History, Political Institutions’ Category

“Unmasking Disappointment: Series XIX”

October 5, 2026

“Geometric Allegory” digital painting (2023) by Ricardo Morín (American visual artist, born in Venezuela, 1954)

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Scope and Use

This entry forms part of the constitutional corpus presented in the Appendix, comprising the constitutions of Venezuela organized for consultation rather than sequential reading.  Comparison proceeds through permanent rubric codes whose identities remain constant throughout the corpus; absent rubrics signify constitutional silence, while retired rubrics are not reassigned.  Citations are anchored first on the article number and follow the CIDEP recension linked at the close of the entry.  The corpus definition, editorial methodology, and citation convention are set forth in the Scope and Use note introducing the nineteenth-century constitutions in Unmasking Disappointment: Series XI.

17) The Constitution of 1928

The 1928 Constitución de los Estados Unidos de Venezuela [Constitution of the United States of Venezuela], dated 22 May 1928 at the Palacio Federal Legislativo [Federal Legislative Palace], Caracas, was ordered executed at the Palacio Federal [Federal Palace], Caracas, on 23 May 1928 by President Juan Vicente Gómez. (CIDEP 1928, p. 23, closing and execution formulas).

DOC-PRE—Preamble

(modern Latinate English translation by the author from the CIDEP recension)

“The Congress of the United States of Venezuela, in the name of Almighty God, and in exercise of the authority conferred upon it by Article 133 of the Federal Pact in force, decrees the present Constitution.”

(CIDEP 1928, p. 3, preamble).

FND-TER—Territory

The Nación Venezolana [Venezuelan Nation] consists of all Venezuelans united in a political pact under the name Estados Unidos de Venezuela [United States of Venezuela]; it is permanently and irrevocably free and independent of foreign domination or protection.  The territory is that belonging to the Capitanía General de Venezuela [Captaincy General of Venezuela] before the political transformation of 1810, with modifications resulting from treaties.  No part may be ceded, transferred, leased or otherwise alienated to a foreign power, even temporarily. (Arts. 1–2; cont., 1925, Arts. 1–2).

The national territory is divided into Estados [States], the Distrito Federal [Federal District], Territorios Federales [Federal Territories] and Dependencias Federales [Federal Dependencies].  The twenty Estados [States] are Anzoátegui, Apure, Aragua, Bolívar, Carabobo, Cojedes, Falcón, Guárico, Lara, Mérida, Miranda, Monagas, Nueva Esparta, Portuguesa, Sucre, Táchira, Trujillo, Yaracuy, Zamora and Zulia. (Arts. 3–4; cont., 1925, Arts. 3–4).

State boundaries follow the provincial boundaries established by the Law of 28 April 1856, subject to the creation of the Distrito Federal [Federal District], Territorios Federales [Federal Territories] and Dependencias Federales [Federal Dependencies], the Constitution of 5 August 1909 and the 1917 agreement between Aragua and Carabobo.  Neighbouring Estados [States] may alter their common boundary through agreements approved by their respective legislatures, including reciprocal territorial compensation or cession. (Art. 5; cont., 1925, Art. 5).

The Distrito Federal [Federal District] comprises the departments Libertador and Vargas.  The text places Caracas and the outlying parishes El Recreo, El Valle, La Vega, Antímano, Macarao and Macuto in Libertador.  A special law organizes the district and determines its municipal powers so that federal political action is not obstructed. (Art. 6; cont., 1925, Art. 6).

Caracas is the capital and seat of federal government, subject to Art. 100, powers 24(b) and 25. (Art. 7; cont., 1925, Art. 7).

Amazonas and Delta Amacuro are Territorios Federales [Federal Territories], organized by special laws.  Their boundaries, and those of the Distrito Federal [Federal District] with neighbouring Estados [States], may be modified by agreements concluded by the Poder Ejecutivo Federal [Federal Executive Power] and the respective state governments and approved by the Congreso [Congress] and the respective Asambleas Legislativas [Legislative Assemblies]. (Art. 8; cont., 1925, Art. 8).

A Territorio Federal [Federal Territory] may become a Estado [State] upon attaining the population required for one deputy and proving to the Congreso [Congress] that it can maintain every branch of public service and meet the necessary expenditure. (Art. 9; cont., 1925, Art. 9).

The Dependencias Federales [Federal Dependencies] comprise the Venezuelan islands in the Caribbean Sea except Margarita and Coche, which constitute Nueva Esparta.  Their government and administration belong directly to the executive until the law elevates them to the category of Territorios Federales [Federal Territories]. (Art. 10; cf. 1925, Art. 10:  “except the island of Margarita, which constitutes the Estado [State] of Nueva Esparta”).

The Corte Federal y de Casación [Federal and Cassation Court] decides boundary disputes between Estados [States], and those arising between them and the Distrito Federal [Federal District] or Territorios Federales [Federal Territories], through the procedure prescribed by law. (Art. 11; cf. 1925, Art. 11:  “Existing disputes between the Estados [States] concerning their boundaries, and those subsequently arising from the same cause”).

POW-LEG—Congress

The Poder Legislativo [Legislative Power] is exercised by the Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela], consisting of the Cámara de Diputados [Chamber of Deputies] and Cámara del Senado [Senate].  Both Diputados [Deputies] and Senadores [Senators] serve three-year terms. (Art. 55; cf. 1925, Art. 55:  “composed of two Chambers, one of Diputados [Deputies] and the other of Senadores [Senators]”).

Each Estado [State] elects Diputados [Deputies] directly under its Ley de Elecciones [Electoral Law], one per 35,000 inhabitants and one additional deputy for an excess of 15,000.  A Estado [State] with fewer than 35,000 inhabitants elects one deputy.  An equal number of Suplentes [Alternates] is elected to fill vacancies in the order of election. (Art. 56; cont., 1925, Art. 56).

The Diputados [Deputies] serve three years and are renewed in their entirety. (Art. 56, final paragraph; cont., 1925, Art. 56, final paragraph).

A deputy must be Venezuelan by birth and have completed twenty-one years of age.  The Distrito Federal [Federal District] and Territorios Federales [Federal Territories] attaining the prescribed population elect Diputados [Deputies] directly under the formalities fixed by law.  The population basis excludes indígenas no reducidos [unreduced Indigenous people]. (Arts. 57–58; cont., 1925, Arts. 57–58).

The Cámara de Diputados [Chamber of Deputies] may give a voto de censura [vote of censure] to Ministros del Despacho [Cabinet Ministers] whose acts it considers to warrant it.  The Presidente de la República [President of the Republic] is not obliged to remove them until the Corte Federal y de Casación [Federal and Cassation Court] declares that legal grounds exist for putting them on trial.  Other powers may be assigned by law. (Art. 59; cont., 1925, Art. 59).

Each state Asamblea Legislativa [Legislative Assembly] elects, from outside its own membership, two principal Senadores [Senators] and two Suplentes [Alternates], the latter filling vacancies in election order.  A senator must be Venezuelan by birth and over thirty years of age. (Arts. 60–61; cont., 1925, Arts. 60–61).

Art. 60 ends with the order for filling vacancies.  The senatorial term is stated in Art. 55. (Arts. 55, 60; cf. 1925, Art. 60:  “The Senadores [Senators] shall serve for three years and shall be renewed in their entirety.”).

The Cámara del Senado [Senate] may authorize the transfer of the remains of illustrious Venezuelans to the Panteón Nacional [National Pantheon] after twenty-five years from their death; consent to national officials accepting gifts, offices, honours or rewards from foreign governments; and consent to military promotions from Coronel [Colonel] and naval promotions from Capitán de Navío [Naval Captain], inclusive. (Art. 62(1–3); cont., 1925, Art. 62(1–3)).

The Cámara del Senado [Senate] also has the powers assigned to it by law. (Art. 62(4); cont., 1925, Art. 62(4)).

The Cámaras Legislativas [Legislative Chambers] meet annually in the capital on 19 April or the nearest possible day, without prior convocation.  Ordinary sessions last ninety days and cannot be extended; every day and hour within that period is available for ordinary sessions.  Extraordinary sessions convened by the executive address the matters specified in the convocation and connected legislation requiring amendment. (Art. 63; cont., 1925, Art. 63).

Opening sessions require two-thirds of the membership; those present without that number form a Comisión Preparatoria [Preparatory Commission] and take measures to secure attendance.  Subsequent sessions require an absolute majority.  Sessions are public unless the respective Chamber resolves that they shall be secret. (Arts. 64–65; cont., 1925, Arts. 64–65).

Each Chamber adopts its Reglamento Interior y de Debates [Rules of Internal Procedure and Debate], disciplines infringements, controls order in its building, corrects or punishes disorderly spectators, removes impediments to its lawful functions, executes its exclusive resolutions, determines the qualifications of its members and receives their resignations.  Both Chambers sit in the same town and open and close sessions on the same day and hour; suspension or relocation requires the other Chamber’s consent, with disagreements decided in joint session. (Arts. 66–67; cont., 1925, Arts. 66–67).

During sessions, any public office is incompatible with membership of either Chamber.  Remuneration is fixed by law and may be increased only for the following term. (Arts. 68–69; cont., 1925, Arts. 68–69).

Legislative inmunidad [immunity] runs from thirty days before 19 April until thirty days after the close of sessions.  Members cannot be imprisoned, arrested, confined, detained or obstructed in their functions, even upon committing an offence during that period.  Where the alleged offence carries a pena corporal [penalty restricting personal liberty], the sumario [preliminary criminal investigation] is stayed during immunity, while investigative steps continue.  Members need not answer claims, take oaths or answer judicial interrogatories during the same period, which is excluded from procedural time limits.  The Chambers cannot waive this immunity. (Art. 70; cont., 1925, Art. 70).

Art. 70(1) states the exclusion of Art. 32(15)(c) with the qualification “with respect to the duration of the sumario [preliminary criminal investigation]”. (Art. 70(1); cf. 1925, Art. 70(1):  “without the provision contained in letter c), guarantee 15, Article 32 of this Constitution applying in this case”).

Members are not responsible for opinions expressed in their Chambers.  They cannot make contracts with the Ejecutivo Federal [Federal Executive] on their own or another’s behalf, or pursue others’ claims before it. (Arts. 71–72; cont., 1925, Arts. 71–72).

When the list of senatorial Suplentes [Alternates] is exhausted or reduced by death or another permanent vacancy, the respective Asamblea Legislativa [Legislative Assembly] fills it for the remainder of the legislative term.  State constitutions and the Ley Orgánica del Distrito Federal [Organic Law of the Federal District] determine how vacancies in the Cámara de Diputados [Chamber of Deputies] are filled. (Art. 73; cf. 1925, Art. 73:  “for the remainder of the replaced member’s or members’ term”).

The Chambers act separately but sit jointly when the Constitution or laws require it, or when one invites the other and the latter agrees and fixes the meeting time.  Their separate acts as co-legislators are Leyes [Laws]; acts adopted jointly, or separately on matters exclusive to one Chamber, are Acuerdos [Resolutions].  The presiding officer of the Cámara del Senado [Senate] presides over the Congreso [Congress], and that of the Cámara de Diputados [Chamber of Deputies] serves as its vice-president. (Arts. 74–76; cont., 1925, Arts. 74–76).

In joint session the Congreso [Congress] conducts the elections assigned to it, receives the resignation of the Presidente de la República [President of the Republic], examines the annual Mensaje [Message], approves or disapproves ministerial Memorias y Cuentas [Reports and Accounts], admits qualifying Territorios Federales [Federal Territories] as Estados [States], and examines Créditos Adicionales [Additional Appropriations] for compliance with the constitutional procedure. (Art. 77; cont., 1925, Art. 77).

As co-legislators the Chambers decree national taxes and loans, regulate national debt, create and suppress national offices, legislate on federal administration and currency, and authorize the disposal of nationally owned immovable property.  Compulsory circulation of banknotes or any paper representation of value is prohibited, and the patrón de oro [gold standard] must be maintained.  Weights and measures follow the metric decimal system. (Art. 78(1–4, 7–8); cont., 1925, Art. 78(1–4, 7–8)).

Treaties and diplomatic conventions require legislative approval before ratification or exchange.  The approving law receives the Ejecútese [Let it be executed] only when the other party’s acceptance is established; official publication follows ratification and exchange.  Contracts for railways, aerial haulage cables, telegraphic or wireless communications, immigration and other authorized matters of national interest require legislative approval.  concesiones mineras [mining concessions] and titles to tierras baldías [ungranted public lands] granted under their respective laws are exempt from that approval. (Art. 78(5–6); cont., 1925, Art. 78(5–6)).

The Chambers enact the Ley de Presupuesto General de Rentas y Gastos Públicos [General Revenue and Public Expenditure Budget Law], fixing federal salaries and expenditure for the fiscal year.  Outside that law, they cannot order another specified expenditure through a special law or resolution.  They examine and approve the Censo Nacional [National Census], prescribe the special administration of Territorios Federales [Federal Territories], and increase the population basis for electing Diputados [Deputies] when the approved census requires it. (Art. 78(9–12); cont., 1925, Art. 78(9–12)).

General laws govern civil pensions, retirement benefits and montepíos militares [military survivors’ pension funds] payable by the Tesoro Nacional [National Treasury].  The budget supplies aggregate appropriations, distributed by the executive through the competent minister under the law.  The Chambers decree war, require peace negotiations, legislate on recruitment and replacement of land and sea forces, grant amnistías [amnesties], and legislate on the security of ports and coasts. (Art. 78(13–17); cont., 1925, Art. 78(13–17)).

Legislative powers include the Censo electoral [Electoral Register], Instrucción Pública [Public Instruction], Hacienda Nacional [National Public Finance Administration], air, maritime and river navigation, docks, Correos [Postal Services], Telégrafos [Telegraphs], wireless communications, railways, national roads and motor traffic, tierras baldías [ungranted public lands], salinas [saltworks], pearl fishing and mines, together with the subjects listed in Art. 15(4) and other matters of federal competence. (Art. 78(18–19); cont., 1925, Art. 78(18–19)).

A bill may originate in either Chamber upon presentation by at least three of its members, or through the minister responsible for a proposal from the executive.  After admission it receives three discussions separated by at least one day.  The other Chamber follows the same procedure and returns any amendments.  If disagreement persists after written reasons from the originating Chamber, joint session decides disputed and connected articles by majority vote and may adopt a different wording. (Arts. 79–82; cont., 1925, Arts. 79–82).

Rejected bills cannot be presented again until the following year or later.  Bills left pending at the close of sessions require a new presentation and all discussions in a subsequent year.  An amending law must reproduce its entire text and repeal the previous law in full; repeal follows the same formalities as enactment. (Arts. 83–84, 86–87; cont., 1925, Arts. 83–84, 86–87).

The legislative formula is the name of the Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela] followed by “Decrees:”.  Enacted texts are prepared in duplicate without alterations, signed by the presiding officers and secretaries of the Congreso [Congress], and dated with final approval.  One copy goes to the Presidente de la República [President of the Republic] for countersignature with the competent ministers and official publication.  Printing errors require corrected republication or a ministerially certified errata notice. (Arts. 85, 88–89; cont., 1925, Arts. 85, 88–89).

A law takes effect on its stated date or, if none is stated, upon official publication.  Legislative power cannot be delegated.  Legislation is not retroactive except where it imposes a lesser penalty.  Procedural laws apply immediately to pending cases; in criminal cases, evidence already taken is assessed under the law in force when it was offered insofar as that benefits the accused. (Arts. 90–92; cont., 1925, Arts. 90–92).

ECO-TES—Treasury

The federal authorities have competence over Aduanas [Customs Houses], import duties and duties on foreign goods passing through to foreign destinations.  The Impuesto Territorial [Territorial Tax] remains payable at Aduanas [Customs Houses] until abolished by law and enters the Tesoro Nacional [National Treasury].  Exports are free of tax.  Federal revenues include estampillas o timbres fiscales [fiscal stamps or revenue stamps], cigarettes, tobacco, registration, inheritance, matches, spirits, liquors and other taxes established as national taxes by law. (Art. 15(14, 17); cont., 1925, Art. 15(14, 17)).

The Situado Constitucional [Constitutional Revenue Allocation] equals twelve per cent of total revenue, calculated for each fiscal year from receipts in the immediately preceding calendar year and included annually in the national expenditure budget.  It is distributed among the Estados [States], Distrito Federal [Federal District] and Territorios Federales [Federal Territories] in proportion to population. (Art. 17(4)(1); cf. 1925, Art. 17(4)(1):  “The sum thus fixed shall be distributed among all the Estados [States] in proportion to their population”).

Art. 17(4)(1) states the twelve-per-cent allocation without the initial three-year provision for a fixed annual sum. (Art. 17(4)(1); cf. 1925, Art. 17(4)(1):  “in the sum of ten million bolívares per year […] After this Constitution has been in force for three years”).

State revenues also include the tax on papel sellado [stamped paper], consumption taxes and contributions established by their Asambleas Legislativas [Legislative Assemblies].  papel sellado [stamped paper] cannot be demanded for assessment or payment of national taxes, or used to collect prohibited contributions.  Estados [States] cannot create Aduanas [Customs Houses], levy import or export duties, tax foreign goods in transit abroad, invade national or municipal tax subjects, tax interstate transit, tax goods before they are offered for consumption, prohibit consumption of goods from elsewhere, discriminate against such goods, require federal tax officials to collect state taxes, or impose payment in personal labour or its monetary equivalent. (Art. 17(4)(2–3); cont., 1925, Art. 17(4)(2–3)).

Municipal revenue powers carry the restrictions in Art. 17(4)(3).  patentes [business licence taxes] on agriculture, livestock raising and the catching of edible fish are prohibited at municipal, state and national levels.  Estados [States] and Municipalidades [Municipalities] cannot contract loans abroad. (Arts. 18(3), 24; cont., 1925, Arts. 18(3), 24).

No tax may be collected without legal authorization.  Expenditure from the Tesoro Nacional [National Treasury] requires an appropriation in the Ley de Presupuesto General de Rentas y Gastos Públicos [General Revenue and Public Expenditure Budget Law] or a previously decreed Crédito Adicional [Additional Appropriation].  Officials who contravene this rule are civilly liable to the Tesoro Nacional [National Treasury] for the amounts paid. (Art. 48; cf. 1925, Art. 48:  “in the Presupuesto General de Gastos Públicos [General Public Expenditure Budget]”).

The Presidente de la República [President of the Republic], in the Consejo de Ministros [Council of Ministers], may decree Créditos Adicionales [Additional Appropriations] when a budget chapter is insufficient or an expense was not foreseen, provided available funds cover them without impairing ordinary expenditure, which takes precedence.  The Congreso [Congress] examines compliance with these conditions.  Ministers account for funds handled; the minister responsible for national revenues prepares the budget bill in consultation with the others. (Arts. 100(30), 77(6), 109; cont., 1925, Arts. 100(30), 77(6), 109).

Each Estado [State] retains ownership of its salinas [saltworks], tierras baldías [ungranted public lands], their products, ostrales de perlas [pearl-oyster beds] and mines, while administration belongs to the Ejecutivo Federal [Federal Executive].  The resulting revenue, including sales of tierras baldías [ungranted public lands], enters the Tesoro Nacional [National Treasury].  salinas [saltworks] are inalienable.  tierras baldías [ungranted public lands] on maritime, river and lake islands cannot be alienated, and their use cannot directly or indirectly transfer ownership. (Art. 15(18); cont., 1925, Art. 15(18)).

concesiones mineras [mining concessions] are temporary.  Laws governing the sale, lease or gratuitous grant of tierras baldías [ungranted public lands] must establish a derecho de preferencia [right of preference] for occupants. (Art. 15(18); cf. 1925, Art. 15(18):  “that concesiones mineras [mining concessions] shall not be perpetual”).

The occupant-preference clause occurs in Art. 15(18) of the 1928 recension; it does not occur in Art. 15(18) of the 1925 recension.

POW-EXE—Executive

Federal administration not assigned by the Constitution to another authority belongs to the Poder Ejecutivo Federal [Federal Executive Power], exercised by the Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela].  The laws determine the federal employees and agents through whom administration operates; assistance may be required from state governments in constitutionally permitted cases. (Arts. 93–94; cf. 1925, Art. 93:  “in conjunction with the Ministros del Despacho [Cabinet Ministers]”).

The Presidente de la República [President of the Republic] must be Venezuelan by birth, over thirty, of estado seglar [lay status] and in possession of all civil and political rights. (Art. 95; cont., 1925, Art. 95).

Arts. 95–99 provide for the Presidente de la República [President of the Republic] and ministerial substitution; they contain no office of Vicepresidente de la República [Vice-President of the Republic]. (Arts. 95–99; cf. 1925, Art. 95:  “There shall also be a Vicepresidente de la República [Vice-President of the Republic], who must meet the same conditions required for the President.”).

Within the first fifteen days of its installation in the year beginning the constitutional term, the Congreso [Congress] elects the Presidente de la República [President of the Republic].  The election sitting is fixed at least five days in advance and the notice is officially published.  The oath is taken before the Congreso [Congress], or before the Corte Federal y de Casación [Federal and Cassation Court] if circumstances prevent the former. (Arts. 96, 99; cf. 1925, Art. 96:  “to elect the Presidente y Vicepresidente de los Estados Unidos de Venezuela [President and Vice-President of the United States of Venezuela]”).

A temporary presidential absence is filled by the Ministro del Despacho [Cabinet Minister] designated by the Presidente de la República [President of the Republic].  Upon a permanent vacancy, the Congreso [Congress] elects a replacement for the remainder of the term.  Until that person takes office, the minister already acting continues; if none is acting, the Gabinete [Cabinet] chooses a minister by majority vote.  If the Congreso [Congress] is not in ordinary session, the acting minister convenes extraordinary sessions. (Art. 97; cf. 1925, Art. 98:  “Temporary and permanent absences of the Presidente de la República [President of the Republic] shall be filled by the Vicepresidente de la República [Vice-President of the Republic]”).

Absence from the capital within national territory is not a temporary absence from office.  From any place in the country, the Presidente de la República [President of the Republic] may instruct ministers concerning resolutions to be issued in the capital and receive foreign diplomatic ministers. (Art. 98; cf. 1925, Art. 98:  “is not obliged to leave the exercise of office merely through absence from the capital”).

Federal constitutional terms last seven years and are counted from 19 April 1922.  Presidential service runs from the oath until 19 April in the year when the term ends.  On that date the executive is delivered to a member or alternate of the Corte Federal y de Casación [Federal and Cassation Court] designated by that Court under Art. 120(17), pending the accession of the elected successor. (Arts. 54, 103, 120(17); cf. 1925, Art. 103:  “the Presidente de la Corte Federal y de Casación [President of the Federal and Cassation Court] shall take charge of the executive power”).

The Presidente de la República [President of the Republic] appoints and removes Ministros del Despacho [Cabinet Ministers], receives foreign diplomatic ministers, signs official letters to heads of state, administers the Distrito Federal [Federal District] and Territorios Federales [Federal Territories], and may designate a Ministro del Despacho [Cabinet Minister] to exercise the presidency temporarily and resume office during the constitutional term. (Art. 100(1–6); cf. 1925, Art. 100(6):  “To call the Vicepresidente de la República [Vice-President of the Republic] to exercise the presidency when he considers it appropriate”).

The Presidente de la República [President of the Republic] orders the Constitution and laws executed and published; issues implementing Decretos [Decrees] and Reglamentos [Regulations] in the Consejo de Ministros [Council of Ministers] without altering the laws’ spirit, purpose or reason; negotiates legislatively authorized loans through the appropriate minister with Gabinete [Cabinet] approval; regulates public or private health, postal, telegraph and telephone services in the Consejo de Ministros [Council of Ministers]; and orders the census and submits it for legislative approval. (Art. 100(7–11); cont., 1925, Art. 100(7–11)).

Through the appropriate ministers, the Presidente de la República [President of the Republic] issues patentes de navegación [navigation licences] and nationality certificates, appoints national officials whose selection belongs to no other official and removes them, and administers national revenues.  In the Consejo de Ministros [Council of Ministers], the Presidente de la República [President of the Republic] creates and funds necessary public services during legislative recess.  With Gabinete [Cabinet] approval, the Presidente de la República [President of the Republic] orders the Ministerio Público Federal [Federal Public Ministry] to prosecute officials where grounds exist and convenes the Congreso [Congress] extraordinarily.  War is declared after the Congreso [Congress] has decreed it. (Art. 100(12–19); cont., 1925, Art. 100(12–19)).

The Presidente de la República [President of the Republic] conducts diplomatic negotiations personally or through the competent minister, and concludes treaties through chosen plenipotentiaries with Consejo de Ministros [Council of Ministers] approval and subsequent legislative approval.  Treaties cannot impair Arts. 37–39 and must provide for arbitramento [arbitration] of differences over interpretation or execution.  Authorized contracts of national interest are made through the competent ministers with Consejo de Ministros [Council of Ministers] approval and submitted to the Congreso [Congress].  Entry of foreigners may be prohibited and expulsion ordered in cases permitted by international law or national legislation. (Art. 100(20–22); cont., 1925, Art. 100(20–22)).

The Presidente de la República [President of the Republic] directs war, commands the Ejército [Army] and Armada [Navy] personally or appoints their commander, organizes the Ejército [Army] and Milicia Nacional [National Militia] under the law, and fixes the strength of land and sea forces. (Art. 100(23); cont., 1925, Art. 100(23)).

The Presidente de la República [President of the Republic] decrees suspension of garantías constitucionales [constitutional guarantees] in the cases specified in Art. 36.  During civil or international war, additional powers permit requesting state assistance, temporarily relocating federal powers, ordering prosecution for traición a la Patria [treason against the Nation], reorganizing Estados [States] controlled by rebels or participating in rebellion, and issuing patentes de corso [letters of marque] and authorizing represalias [reprisals]. (Art. 100(24); cont., 1925, Art. 100(24)).

During an official visit with some or all Ministros del Despacho [Cabinet Ministers] to Estados [States] or Territorios Federales [Federal Territories], the seat of the Poder Ejecutivo Federal [Federal Executive Power] is the place where the Presidente de la República [President of the Republic] is located; the visit decree regulates routine administration in Caracas.  The Presidente de la República [President of the Republic] may use the fuerza pública [public force] to end armed conflict between Estados [States] after good offices fail, exercise functions delegated by state constitutions, grant indultos [pardons], and order the issue of titles granting or leasing tierras baldías [ungranted public lands] and concesiones mineras [mining concessions]. (Art. 100(25–29); cf. 1925, Art. 100(25):  “together with all or some of the Ministros del Despacho [Cabinet Ministers] and the Secretario general [Secretary-General]”).

The annual Mensaje [Message] is presented personally or through a minister within the first ten days of ordinary sessions and accounts for acts of administration and the condition of the Republic. (Art. 101, first paragraph; cf. 1925, Art. 101:  “and shall indicate the improvements which, in his judgment, it would be appropriate to adopt in the legislation in force”).

In the final year of the presidential term, the Mensaje [Message] is presented on 19 April or left signed with the acting president for transmission when the Congreso [Congress] meets. (Art. 101, final paragraph; new).

The Presidente de la República [President of the Republic] is responsible only for traición a la Patria [treason against the Nation] and ordinary offences. (Art. 102; cf. 1925, Art. 102:  “The Presidente de la República [President of the Republic] or whoever acts in his stead is responsible only for traición a la Patria [treason against the Nation] and ordinary offences.”).

The Ministros del Despacho [Cabinet Ministers] are the legally required organs through which presidential powers are exercised.  The law fixes their functions and organizes their departments.  Presidential decrees require countersignature by the competent ministers, who issue the resolutions and orders within the presidential powers.  Without that requirement presidential dispositions have no effect, except ministerial appointments and designation of an acting minister under Art. 100(6).  A freely appointed and removable Gobernador del Distrito Federal [Governor of the Federal District] is the presidential organ for administration of the Distrito Federal [Federal District]. (Arts. 104–105; cf. 1925, Art. 104:  “The President’s acts shall have no effect without that requirement.”).

A Ministro del Despacho [Cabinet Minister] must be Venezuelan by birth, over thirty and in possession of civil and political rights.  Decisions are taken in the Gabinete [Cabinet] when the Constitution or laws require it or the Presidente de la República [President of the Republic] convenes it because of the matter’s importance.  Otherwise, the competent minister or ministers countersign or execute the presidential decision. (Arts. 106–107; cf. 1925, Art. 106:  “To be a Ministro del Despacho [Cabinet Minister] and Secretario general [Secretary-General]”).

Arts. 104–107 contain the ministerial provisions without the office of Secretario general [Secretary-General] provided in the antecedent charter. (Arts. 104–107; cf. 1925, Art. 105:  “The Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela] shall also have a Secretario general [Secretary-General]”).

Ministers’ acts must conform to the Constitution and laws.  Their personal responsibility is not excused by presidential orders, even written orders; responsibility for acts resolved in the Gabinete [Cabinet] is joint.  Ministers submit reasoned and documented Memorias y Cuentas [Reports and Accounts] within the first ten days of annual sessions.  Ministers may speak in the Chambers and must attend when summoned to provide information. (Arts. 108, 109 (first paragraph), 110; cont., 1925, Arts. 108, 109 (first paragraph), 110).

In the final presidential year, ministers present their Memorias y Cuentas [Reports and Accounts] on 19 April or, if the Cámaras Legislativas [Legislative Chambers] have not yet assembled, leave them with the acting president for transmission when the Congreso [Congress] meets. (Art. 109, final paragraph; new).

POW-JUD—Judiciary

The Poder Judicial [Judicial Power] resides in the Corte Federal y de Casación [Federal and Cassation Court] and the other courts established by law.  Jueces Federales [Federal Judges] are appointed for a fixed period and cannot be removed during it except in cases prescribed by law. (Arts. 116–117; cont., 1925, Arts. 116–117).

The Corte Federal y de Casación [Federal and Cassation Court] consists of seven Vocales [Members of the Court], Venezuelans by birth, over thirty and lawyers of the Republic, serving seven years.  At the end of their term they remain until their replacements take office.  The Court acts in Salas [Divisions of the Court], whose membership is fixed by law. (Art. 118; cf. 1925, Art. 118:  “who shall hold office for seven years”).

The Congreso [Congress] elects each of the seven Vocales [Members of the Court] separately by absolute majority during the first thirty days of sessions in the year beginning the constitutional term.  At the same sitting it elects seven numbered Suplentes [Alternates], who fill temporary and permanent vacancies in that order.  The Court fills incidental absences under the law.  The Congreso [Congress] completes a depleted list of Suplentes [Alternates], placing the new appointees at its end; successive excuses from service without resignation are treated as incidental absences. (Art. 119; cf. 1925, Art. 119:  “Incidental absences shall be filled as the law provides.”).

The Court hears accusations against the Presidente de la República [President of the Republic] or acting president, Ministros del Despacho [Cabinet Ministers], the Procurador General de la Nación [Procurator General of the Nation], the Gobernador del Distrito Federal [Governor of the Federal District] and its own members, and against state presidents and other high state officials designated by state law.  It hears civil and criminal cases involving diplomatic officials where international law permits, and criminal cases concerning Venezuelan diplomatic agents’ misconduct abroad. (Art. 120(1–4); cont., 1925, Art. 120(1–4)).

Its jurisdiction includes the recurso de casación [appeal in cassation], other appeals assigned by law, causas de presas [prize cases], disputes among the specified political officials and federal or state entities, and conflicts of judicial competence where no other authority exists to decide them. (Art. 120(5–8); cont., 1925, Art. 120(5–8)).

The Court declares the nulidad [nullity] of national or state laws conflicting with the Constitution, limiting nullity to the conflicting provisions unless their connection with the rest requires invalidation of the whole law.  It determines which national or state law, or which conflicting provisions of one law, must prevail.  It annuls legislative or executive acts violating state rights or autonomy and state or municipal acts violating the specified restrictions on revenue powers. (Art. 120(9–11); cont., 1925, Art. 120(9–11)).

The Court annuls executive Decretos [Decrees] and Reglamentos [Regulations] that alter the spirit, reason or purpose of laws, and acts within Arts. 42–43 issued by national authorities, authorities of the Distrito Federal [Federal District] or high state officials.  A ministerial resolution concerning execution, interpretation or lapse of a federal contract requires the procedure in Art. 120(13). (Art. 120(12); cont., 1925, Art. 120(12)).

In juicio contencioso [contentious proceedings], the Court decides disputes between the Nation and contractors or concessionaires concerning nullity, lapse, termination, scope, interpretation or performance of federal contracts, concesiones mineras [mining concessions] and grants of tierras baldías [ungranted public lands], including refusals of titles claimed as due.  Matters reserved by the law applicable at the time to executive decision without judicial recourse remain excepted.  Subject to treaties and statutory conditions, the Court gives foreign judgments enforceable effect and hears statutory claims for damages and other monetary claims against the Nation. (Art. 120(13–15); cont., 1925, Art. 120(13–15)).

The Court decides the boundary disputes specified in Art. 11. (Art. 120(16); cf. 1925, Art. 120(16):  “To decide boundary disputes arising between the Estados [States] of the Union under Article 11.”).

On 19 April at the beginning of each federal term, the Court designates a principal member or alternate to take charge of the executive under Art. 103.  A principal member leaves the Court upon taking executive office.  The person designated continues until the elected Presidente de la República [President of the Republic] takes office, even if the Court is renewed in the meantime. (Art. 120(17); new).

Other matters of federal competence may be assigned to the Court by the Constitution and laws. (Art. 120(18); cont., 1925, Art. 120(17)).

For accusations under Art. 120(1–2), the Court summarily decides whether there are grounds for formación de causa [commencement of criminal proceedings], considering the evidence submitted and evidence it orders obtained.  An affirmative decision suspends the official during the case; a negative decision ends proceedings.  Ordinary offences pass to the competent ordinary court, while political offences remain before the Court through final judgment.  The Court sends the Congreso [Congress] an annual report of its work and proposed legislative reforms. (Arts. 121–122; cont., 1925, Arts. 121–122).

Federal judicial competence includes the Court’s assigned cases, ordinary justice in the Distrito Federal [Federal District], Territorios Federales [Federal Territories] and Dependencias Federales [Federal Dependencies], and Tribunales Federales [Federal Courts] acting even within Estados [States] in cases involving the Nation, military proceedings, tierras baldías [ungranted public lands], mines, salinas [saltworks], federal taxation and other cases determined by law.  The law may entrust federal judicial functions to Tribunales de los Estados [State Courts]. (Art. 15(7); cf. 1925, Art. 15(7), final clause:  “in the cases just mentioned”).

The Ministerio Público Federal [Federal Public Ministry] represents the Ejecutivo Federal [Federal Executive] before federal and state courts when required by the Constitution and laws.  It is headed by the Procurador General de la Nación [Procurator General of the Nation], freely appointed and removable by the Presidente de la República [President of the Republic], with subordinate appointments governed by law.  It supervises lawful application in criminal cases and cases involving the Fisco Nacional [National Fisc], public order or public morals; supplies legal opinions to the executive or the Court; exercises the Ministerio Fiscal [Prosecutorial Office] in Art. 120(1–3) cases; and represents the Nation in litigation.  The Procurador General de la Nación [Procurator General of the Nation] follows lawful executive instructions transmitted through the competent ministry. (Arts. 111–115; cont., 1925, Arts. 111–115).

At the request of the Ejecutivo Federal [Federal Executive], the Procurador General de la Nación [Procurator General of the Nation] brings accusations before the competent authority against federal officials whose conduct gives grounds for prosecution. (Art. 114(3); cont., 1925, Art. 114(3)).

POW-SUB—Subnational Government

The Estados [States] recognize one another’s autonomy and political equality and retain soberanía [sovereignty] not delegated by the Constitution.  Their first duty and that of the Federation is preservation of national independence and integrity.  They cannot break national unity, ally with foreign powers, request their protection or cede territory to them.  National and state government is republican, federal, democratic, elective, representative, responsible and alternating. (Arts. 12–13; cont., 1925, Arts. 12–13).

The Estados [States] are divided into Distritos [Districts] with autonomía municipal [municipal autonomy], independent of state political power in their administrative affairs within constitutional restrictions.  During foreign or internal war, a state executive may assume district administration under the state constitution. (Art. 14; cont., 1925, Art. 14).

The Estados [States] adopt constitutions and laws organizing their public powers, elect those powers under their constitutions and laws, and may delegate specified functions to the Presidente de la República [President of the Republic].  They may retain or change their names.  They administer civil and criminal justice through their own courts except in matters reserved to federal judges; their judgments are reviewed only by the Corte Federal y de Casación [Federal and Cassation Court] through the remedies and with the effects prescribed by law. (Art. 17(1–3, 5); cont., 1925, Art. 17(1–3, 5)).

The Municipalidades [Municipalities] organize police, food supplies, cemeteries, municipal ornamentation, civil architecture, street lighting, aqueducts, urban tramways and other municipal services.  They administer ejidos [municipal common lands] and other municipal lands, which cannot thereafter be alienated except for construction. (Art. 18(1–2); cont., 1925, Art. 18(1–2)).

Hygiene services follow federal health laws and regulations and remain “under the inspection of the federal sanitary service”. (Art. 18(1); cf. 1925, Art. 18(1):  “under the supreme inspection of the federal sanitary service”).

The Estados [States] must comply with and execute the federal Constitution, laws and lawful federal orders.  The Estados [States] and Municipalidades [Municipalities] give full faith and execution to public and judicial acts from federal authorities, other Estados [States] and the Distrito Federal [Federal District]. (Arts. 16, 19; cf. 1925, Art. 19:  “emanating from federal authorities or the other Estados [States]”).

Federal judges, public prosecutors, administrative and revenue officials, and forces assigned to borders, public peace, garrisons, arsenals, coasts and ports may operate within the Estados [States].  Their jurisdiction is limited to their functions; they have no special personal jurisdiction or privilege distinguishing them from other residents.  Estados [States] cannot impose duties incompatible with their federal service.  The federal government may build the works needed for its administration. (Arts. 20–21; cont., 1925, Arts. 20–21).

The Estados [States] must prevent recruitment or levies intended to attack another nation’s peace, liberty or independence, or disturb internal peace.  They cannot make war on one another and must remain neutral in disputes among other Estados [States] until required to act by the federal government. (Arts. 22–23; cont., 1925, Arts. 22–23).

Two or more Estados [States] may unite to form a single Estado [State], while retaining the freedom to recover their autonomy.  In either case they notify the federal executive, the Congreso [Congress] and the other Estados [States]. (Art. 25; cf. 1925, Art. 25:  “but always retaining the freedom to recover their status as Estados [States]”).

Official acts and documents of the Nation, Estados [States], Distrito Federal [Federal District], Territorios Federales [Federal Territories] and Municipalidades [Municipalities] must carry the calendar date and the years of Independence, counted from 19 April 1810, and Federation, counted from 20 February 1859. (Art. 26; cf. 1925, Art. 26:  “of the Nation and of the Estados [States]”).

Poder Público [Public Power] is distributed among federal, state and municipal authorities within constitutional limits.  The Poder Federal [Federal Power] is divided into legislative, executive and judicial branches. (Art. 51; cont., 1925, Art. 51).

CON-AMD—Amending the Constitution

Total or partial reform is declared by the Congreso [Congress] in ordinary sessions upon requests from three-quarters of the state Asambleas Legislativas [Legislative Assemblies], likewise meeting in ordinary sessions.  Amendments and additions may address only points upon which a majority of Estados [States] agree. (Art. 123; cont., 1925, Art. 123).

Amendments and additions follow the procedure for enacting laws.  Once the Congreso [Congress] approves them, its presiding officer submits them to the Asambleas Legislativas [Legislative Assemblies] for final ratification. (Arts. 124–125; cont., 1925, Arts. 124–125).

The Congreso [Congress] may also initiate amendments or additions under the procedure in Arts. 124–125; they are enacted upon ratification by two-thirds of the state Asambleas Legislativas [Legislative Assemblies].  Whether the initiative originated in the Asambleas Legislativas [Legislative Assemblies] or the Cámaras Legislativas [Legislative Chambers], the final state votes return to the Congreso [Congress] for scrutiny. (Arts. 126–127; cf. 1925, Art. 126:  “by the procedure indicated in the preceding Article”).

CIV-SUF—Suffrage

The right of sufragio [suffrage] makes Venezuelans over twenty-one who are not subject to interdicción [judicial interdiction] or a criminal conviction involving inhabilitación política [political disqualification] electors and eligible for public office, subject to constitutional restrictions and statutory requirements of competence or capacity for particular offices. (Art. 32(12); cont., 1925, Art. 32(12)).

State constitutions must provide direct, secret voting for Concejos Municipales [Municipal Councils], Asambleas Legislativas [Legislative Assemblies] and Diputados [Deputies], using the Censo electoral [Electoral Register] under federal law.  Diputados [Deputies] are directly elected; Senadores [Senators] are chosen by the state Asambleas Legislativas [Legislative Assemblies] from outside their membership.  The Congreso [Congress] elects the members and alternates of the Corte Federal y de Casación [Federal and Cassation Court]. (Arts. 17(1), 56, 58, 60, 119; cont., 1925, Arts. 17(1), 56, 58, 60, 119).

The Congreso [Congress] elects the Presidente de la República [President of the Republic]. (Art. 96; cf. 1925, Art. 96:  “to elect the Presidente y Vicepresidente de los Estados Unidos de Venezuela [President and Vice-President of the United States of Venezuela]”).

The constitutional age requirement is completion of twenty-one years for a deputy and age over thirty for a senator.  The Presidente de la República [President of the Republic] must be over thirty, Venezuelan by birth, of estado seglar [lay status] and in possession of civil and political rights. (Arts. 57, 61, 95; cont., 1925, Arts. 57, 61, 95).

Troops must remain in barracks during electoral periods. (Art. 47; cont., 1925, Art. 47).

CIV-CIT—Citizenship

Venezuelan nacionalidad [nationality] belongs by birth and is acquired by naturalización [naturalization].  Those born in national territory and children of Venezuelan parents, wherever born, are Venezuelan by birth. (Arts. 27–28; cont., 1925, Arts. 27–28).

Art. 29(1) includes adult children born abroad to a father and mother who are Venezuelan by naturalización [naturalization], if they establish domicile in the country and declare their intention to be Venezuelan. (Art. 29(1); cf. 1925, Art. 29(1):  “of a father or mother who are Venezuelan by naturalización [naturalization]”).

This comparison records the conjunction printed in each CIDEP recension; it does not establish whether the variant originated in the enacted instrument or in its reproduction.

The remaining categories are persons born in the Ibero-American republics who establish residence and declare their intention to be Venezuelan; foreigners obtaining a carta de naturaleza [certificate of naturalization] under the law; and a foreign woman married to a Venezuelan while the marriage subsists, or who, within one year after its dissolution, declares her intention to remain Venezuelan. (Art. 29(2–4); cont., 1925, Art. 29(2–4)).

The declarations under Art. 29(1), (2) and (4) are made before the Registrador Principal [Principal Registrar] for the jurisdiction where the person establishes domicile.  The declaration is entered in the Protocolo [Register] and copied to the Ejecutivo Federal [Federal Executive] for official publication after the procedures required by law.  nacionalidad [nationality] is not acquired before that publication. (Art. 30; cf. 1925, Art. 30:  “The declarations of intention referred to in the preceding Article”).

Venezuelans must defend the country and obey the Constitution, laws and lawful implementing orders.  They cannot undertake service against Venezuela and, if they do, are punishable as traitors under the law.  The law fixes foreigners’ rights and duties, which cannot exceed those of Venezuelans.  Foreigners participating in Venezuelan political contests incur the same responsibilities as Venezuelans and the measures specified by the charter. (Arts. 31, 37–38; cont., 1925, Arts. 31, 37–38).

Neither nationals nor foreigners may claim compensation from the Nation, Estados [States] or Municipalidades [Municipalities] for damage, loss or expropriation not carried out by legitimate authorities acting in their public capacity. (Art. 39; cont., 1925, Art. 39).

RTS-GAR—Rights

Life is inviolable, and no law or authority may establish or impose the pena de muerte [death penalty].  Property is subject to lawful contributions and taking for works of public utility through juicio contradictorio [adversarial proceeding] and indemnización previa [prior compensation], under the law.  Owners must obey legislation on public hygiene, conservation of forests and waters, and comparable community requirements. (Art. 32(1–2); cf. 1925, Art. 32(2):  “a prior juicio contradictorio [adversarial proceeding] and compensation”).

Postal and telegraphic correspondence and private papers are inviolable; seizure requires a competent judicial order and legal formalities, preserving secrecy for domestic and private matters unrelated to the case.  The home may be entered only to prevent the commission or completion of an offence, execute lawful judicial decisions or carry out lawful sanitary visits. (Art. 32(3–4); cont., 1925, Art. 32(3–4)).

Personal liberty includes abolition of reclutamiento forzoso [compulsory recruitment], with military service governed by law; permanent prohibition of slavery and freedom for any enslaved person entering the country; liberty to do what harms no one else; and freedom from obligations not legally imposed or prohibitions not established by law. (Art. 32(5); cont., 1925, Art. 32(5)).

Thought may be expressed orally, in writing or through the press, subject to legal penalties for injuria [insult], calumnia [calumny], difamación [defamation], ultraje [outrage] and instigación a delinquir [incitement to commit offences].  Propaganda of communism is prohibited. (Art. 32(6); cf. 1925, Art. 32(6):  “the offences of injuria [insult], calumnia [calumny], difamación [defamation] or ultraje [outrage]”).

Persons may travel without a passport, change domicile subject to legal formalities, leave and return to the Republic, and take and bring their property.  Work and industry are free subject to public order and public morals.  Industrial monopolies are prohibited, subject to the temporary privileges expressly permitted by Art. 32(8). (Art. 32(7–8); cont., 1925, Art. 32(7–8)).

Unarmed public or private assembly is free from coercion by the authorities; association remains subject to statutory restrictions and prohibitions.  Petitions to public officials or official bodies carry a right to timely reply.  Officials who violate their duties may be accused before competent courts.  Freedom of teaching is guaranteed. (Art. 32(9–11, 13); cont., 1925, Art. 32(9–11, 13)).

No person may be imprisoned for debt not arising from an offence or tried by specially created tribunals or commissions instead of their Jueces naturales [legally competent judges] under pre-existing law.  Arrest or detention requires a información sumaria [preliminary evidentiary inquiry] establishing an offence carrying a pena corporal [penalty restricting personal liberty] and a written order stating the reason, unless the person is caught in fraganti [in the act of committing the offence].  The sumario [preliminary criminal investigation] may not extend beyond thirty days after detention. (Art. 32(15)(a–c); cont., 1925, Art. 32(15)(a–c)).

No person may be held incommunicado or compelled to swear or undergo criminal interrogation against themselves, their ascendants, relatives within the fourth degree of consanguinity or second degree of affinity, or their spouse.  Detention must end when a final judicial decision destroys its grounds or sufficient fianza [bail] is furnished in cases where provisional release is permitted by law. (Art. 32(15)(d–f); cont., 1925, Art. 32(15)(d–f)).

Criminal punishment requires personal notification of the charges and a hearing in the legal form.  A pena corporal [penalty restricting personal liberty] cannot exceed twenty years.  penas infamantes [infamous penalties] and perpetual penalties, including those not restricting personal liberty, are prohibited.  No person may be tried twice for the same offence. (Art. 32(15)(g–i); cont., 1925, Art. 32(15)(g–i)).

All are subject to the same laws, equal legal protection throughout national territory, and equal duties, services and contributions; exemptions require legal authorization.  Titles of nobility, hereditary distinctions and offices paying beyond the duration of service cannot be granted.  Official address is limited to ciudadano [citizen] and usted [you, in formal address], except diplomatic formulas. (Art. 32(16); cont., 1925, Art. 32(16)).

Enumeration of rights does not deny other rights belonging to citizens.  Federal laws, state constitutions and laws, and municipal ordinances impairing guaranteed rights are null, as declared by the Corte Federal y de Casación [Federal and Cassation Court].  Persons issuing, signing, executing or ordering rights-violating measures are punishable under the law, subject to the exception for competent official measures in the circumstances of Art. 36. (Arts. 33–35; cont., 1925, Arts. 33–35).

During international war, civil war or imminent danger of either, the Presidente de la República [President of the Republic] in the Consejo de Ministros [Council of Ministers] declares the circumstance and suspends garantías constitucionales [constitutional guarantees] nationally or in the area specified, until peace is restored.  Life remains inviolable and infamous punishments remain prohibited.  confiscación [confiscation] is prohibited except as reciprocal represalias [reprisals] against nationals of an enemy country that has first confiscated Venezuelans’ property. (Art. 36(1–2); cont., 1925, Art. 36(1–2)).

Nationals or foreigners opposing the preservation or restoration of peace may be arrested, subjected to confinamiento [confinement to a specified locality] or expelled.  These measures cease with the circumstances giving rise to them, except that the executive may leave an expulsion of foreigners in force. (Art. 36(3); cont., 1925, Art. 36(3)).

soberanía [sovereignty] resides in the people and is exercised through public powers.  Defined functions limit those powers, and excess constitutes usurpation.  The law regulates nulidad [nullity] for acts exceeding authority; decisions exacted by force or by a public gathering in a subversive attitude are null.  Officials incur individual responsibility for excess of authority or breach of the law governing their office, subject to Art. 102, and remain punishable for other offences. (Arts. 40–44; cont., 1925, Arts. 40–44).

One person cannot hold more than one remunerated public office; acceptance of the second constitutes resignation from the first.  Exceptions cover alternates before replacing a principal and employment in academies, hospitals, incidental courts and educational institutions.  The law regulates the oath taken by national officials upon assuming office. (Arts. 46, 53; cf. 1925, Art. 46:  “except for public-education teachers, employees in academies or hospitals, and incidental judges”).

REG-MIL—The Military

The Ejército [Army], Armada [Navy] and Aviación Militar [Military Aviation] belong to federal competence.  Estados [States] and Municipalidades [Municipalities] may maintain only police and prison guards, except forces organized on federal orders.  The Ejército [Army] is formed from contingents drawn proportionately to population from the Estados [States], Distrito Federal [Federal District], Territorios Federales [Federal Territories] and Dependencias Federales [Federal Dependencies].  The law regulates milicias ciudadanas [citizen militias] and may establish enganches por contrato [contractual enlistment].  All war matériel in or introduced into the country belongs to the Nation. (Art. 15(8); cont., 1925, Art. 15(8)).

Civil and military authority cannot be exercised simultaneously by one official except the Presidente de la República [President of the Republic], or a civil official given military functions by law during war.  The fuerza armada [armed force] may not deliberate; it is passive and obedient.  Armed bodies may seek requisitions or assistance only through civil authorities in the manner fixed by law.  Troops remain in barracks during elections, and commanders violating these rules are punishable. (Arts. 45, 47; cont., 1925, Arts. 45, 47).

reclutamiento forzoso [compulsory recruitment] is abolished and military service follows the law.  The Cámara del Senado [Senate] consents to promotions from Coronel [Colonel] and Capitán de Navío [Naval Captain], inclusive.  The Congreso [Congress] legislates on formation and replacement of land and sea forces. (Arts. 32(5)(a), 62(3), 78(15); cont., 1925, Arts. 32(5)(a), 62(3), 78(15)).

The Presidente de la República [President of the Republic] directs war, commands the Ejército [Army] and Armada [Navy] personally or through an appointed commander, organizes the Ejército [Army] and Milicia Nacional [National Militia], and fixes the numbers of land and sea forces. (Art. 100(23); cont., 1925, Art. 100(23)).

REG-REL—Religion

Religious liberty is guaranteed under the supreme inspection of all forms of worship by the Ejecutivo Federal [Federal Executive] in accordance with law, preserving Patronato Eclesiástico [Ecclesiastical Patronage].  The Nation exercises that right under the Law of 28 July 1824.  The Presidente de la República [President of the Republic] must possess estado seglar [lay status]. (Arts. 32(14), 52, 95; cont., 1925, Arts. 32(14), 52, 95).

ECO-INF—Infrastructure

Federal legislation governs civil, commercial, criminal and procedural matters; banks and credit institutions; social provision; Sanidad [Public Health]; conservation and development of forests, waters and other natural resources; labour; marcas de fábrica [trademarks]; literary, artistic and industrial property; public registration; expropiación por causa de utilidad pública [expropriation for public utility]; immigration; naturalización [naturalization]; admission and expulsion of foreigners; and regulation of constitutional guarantees. (Art. 15(4); cont., 1925, Art. 15(4)).

The federal authorities legislate on Instrucción Pública [Public Instruction].  Elementary primary instruction is compulsory and instruction in official institutions is free.  National census and statistical work requires state and municipal cooperation; population-based acts use the latest census approved by the Congreso [Congress].  Art. 15(10) expressly includes the Nation, Estados [States], Distrito Federal [Federal District] and Territorios Federales [Federal Territories]. (Art. 15(9–10); cf. 1925, Art. 15(10):  “both of the Nation and of the Estados [States]”).

Air, maritime and river navigation, docks and landing works are federal matters.  Navigation of rivers and other navigable waters requiring no special works cannot be restricted by taxes or privileges.  Correos [Postal Services], Telégrafos [Telegraphs], Teléfonos [Telephones] and wireless communications likewise belong to federal competence. (Art. 15(13, 15); cont., 1925, Art. 15(13, 15)).

National roads are those passing through a Estado [State], the Distrito Federal [Federal District] or a Territorio Federal [Federal Territory] and extending beyond its boundaries.  Federal competence also covers aerial haulage cables and railways even within one Estado [State].  Urban tramways and urban haulage cables are conceded and regulated by the respective Municipalidades [Municipalities]. (Art. 15(16); cont., 1925, Art. 15(16)).

Federal competence extends to necessary public works throughout national territory without restricting the right of Estados [States] and Municipalidades [Municipalities] to undertake works on their own account.  Federal administrative works within Estados [States] may include forts, docks, warehouses, shipyards, penitentiaries and estaciones de cuarentenas [quarantine stations]. (Arts. 15(19), 21; cont., 1925, Arts. 15(19), 21).

Statutory privilegios temporales [temporary exclusive privileges] may protect intellectual property, patentes de invención [patents of invention] and marcas de fábrica [trademarks], and may authorize railways, aerial navigation enterprises, canals, tramways, telephone or telegraph lines and wireless systems for a limited period.  The works must be constructed or installed at the concessionaire’s expense, without guaranteed returns or subsidies from the Nation or Estados [States]. (Art. 32(8); cont., 1925, Art. 32(8)).

Public-interest contracts cannot be transferred, wholly or partly, to foreign governments.  They incorporate a clause assigning unresolved disputes to competent Venezuelan courts under Venezuelan law and excluding foreign claims.  Such contracts cannot be concluded with, or transferred to, companies not legally domiciled in Venezuela. (Art. 50; cont., 1925, Art. 50).

CON-FIN—Final Provisions

The presidential period begun on 19 April 1922 continues, and the incumbent Presidente de la República [President of the Republic] remains for its remainder.  Senadores [Senators] and Diputados [Deputies] retain their mandates for the remainder of their three-year terms.  Once the Constitution takes effect, the Congreso [Congress] elects seven principal Vocales [Members of the Court] and seven Suplentes [Alternates] to serve until the election prescribed by Art. 119 in the next constitutional period. (Art. 128; cf. 1925, Art. 128:  “the current Presidente de la República [President of the Republic] and Vicepresidente de la República [Vice-President of the Republic] and the Vocales [Members of the Court] of the Corte Federal y de Casación [Federal and Cassation Court] shall continue in office”).

Existing state constitutions continue in force until the respective Estados [States] repeal them. (Art. 129; cf. 1925, Art. 129:  “The Presidente de la República [President of the Republic] shall provisionally organize the Estados [States] of the Union while they enact their new Constitutions”).

The transitional provisions contain no counterpart to the 1925 direction to fill the office of Procurador General de la Nación [Procurator General of the Nation] under Art. 113. (Arts. 128–129 (transitional provisions); cf. 1925, Art. 128, final sentence:  “With respect to the Procurador General de la Nación [Procurator General of the Nation], the Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela] shall fill the office under the provisions of Article 113.”).

The transitional provisions contain no counterpart to the 1925 waiver by the Estados [States] of rights to balances of their situados constitucionales [constitutional revenue allocations] through fiscal year 1924–1925, inclusive, and the Nation’s reciprocal waiver of claims against the Estados [States] through the same fiscal year. (Arts. 128–129 (transitional provisions); cf. 1925, Art. 130:  “The Estados [States] waive in favour of the Nation any right that may belong to them concerning balances of their situados constitucionales [constitutional revenue allocations] through fiscal year 1924–1925, inclusive.  Reciprocally, the Nation waives in favour of the Estados [States] any claim it has against them through that fiscal year, inclusive.”).

Following scrutiny of the state ratifications, the Constitution is promulgated with the presidential Ejecútese [Let it be executed] and takes effect on the day of publication in the Gaceta Oficial [Official Gazette]. (Art. 130; cf. 1925, Art. 131:  “shall be promulgated and enter into force as soon as, after the Congreso [Congress] has scrutinized the votes of the state Asambleas Legislativas [Legislative Assemblies], it is found that they have ratified it”).

The Constitution dated 24 June 1925, ordered complied with and published on 1 July 1925, is repealed.  The 1928 constitutional text closes with the date 22 May 1928; the execution formula signed J. V. Gómez is dated 23 May 1928. (Art. 131; closing and execution formulas).

Recension

Centro para la Integración y el Derecho Público [Centre for Integration and Public Law] (CIDEP).


18) The Constitution of 1929

The 1929 Constitución de los Estados Unidos de Venezuela [Constitution of the United States of Venezuela] was declared sanctioned by the Congreso [Congress] in its agreement of 29 May 1929, issued at the Palacio Federal Legislativo [Federal Legislative Palace], Caracas, following the unanimous ratification by the Asambleas Legislativas de los Estados [State Legislative Assemblies] recorded in that agreement.  Its execution was ordered at the Palacio Federal [Federal Palace], Caracas, on the same date by President Juan Bautista Pérez. (CIDEP 1929, p. 3, prefatory agreement; p. 23, execution formula).

Historical reference

Following the conclusion of President Juan Vicente Gómez’s 1922–1929 term, President Juan Bautista Pérez exercised the presidency in an acting capacity from 19 April 1929 and became constitutional President on 30 May 1929.  During Pérez’s presidency, which ended on 13 June 1931, Gómez held military command as Comandante en Jefe del Ejército Nacional [Commander-in-Chief of the National Army].

Source: Manuel Rodríguez Campos, “Pérez, Juan Bautista,” Diccionario de Historia de Venezuela, Fundación Empresas Polar:

https://bibliofep.fundacionempresaspolar.org/dhv/entradas/p/perez-juan-bautista/

DOC-PRE—Preamble

(modern Latinate English translation by the author from the CIDEP recension)

“The Congress of the United States of Venezuela, in the name of Almighty God and in exercise of the authority conferred upon it by Article 126 of the Federal Pact in force, the present Constitution.”

(CIDEP 1929, p. 3, preamble).

The CIDEP preamble (p. 3) contains no enactment verb.

FND-TER—Territory

The Nación Venezolana [Venezuelan Nation] consists of all Venezuelans united in a political pact under the name Estados Unidos de Venezuela [United States of Venezuela]; it is permanently and irrevocably free and independent of foreign domination or protection.  The territory is that belonging to the Capitanía General de Venezuela [Captaincy General of Venezuela] before the political transformation of 1810, with modifications resulting from treaties.  No part may be ceded, transferred, leased or otherwise alienated to a foreign power, even temporarily. (Arts. 1–2; cont., 1928, Arts. 1–2).

The national territory is divided into Estados [States], the Distrito Federal [Federal District], Territorios Federales [Federal Territories] and Dependencias Federales [Federal Dependencies].  The twenty Estados [States] are Anzoátegui, Apure, Aragua, Bolívar, Carabobo, Cojedes, Falcón, Guárico, Lara, Mérida, Miranda, Monagas, Nueva Esparta, Portuguesa, Sucre, Táchira, Trujillo, Yaracuy, Zamora and Zulia. (Arts. 3–4; cont., 1928, Arts. 3–4).

State boundaries follow the provincial boundaries established by the Law of 28 April 1856, subject to the creation of the Distrito Federal [Federal District], Territorios Federales [Federal Territories] and Dependencias Federales [Federal Dependencies], the Constitution of 5 August 1909 and the 1917 agreement between Aragua and Carabobo.  Neighbouring Estados [States] may alter their common boundary through agreements approved by their respective legislatures, including reciprocal territorial compensation or cession. (Art. 5; cont., 1928, Art. 5).

The Distrito Federal [Federal District] comprises the departments Libertador and Vargas.  The text places Caracas and the outlying parishes El Recreo, El Valle, La Vega, Antímano, Maracao and Macuto in Libertador.  A special law organizes the district and determines its municipal powers so that federal political action is not obstructed. (Art. 6; cf. 1928, Art. 6:  “Macarao and Macuto”).

The CIDEP recension prints the parish name Maracao in Art. 6; the 1928 recension prints Macarao.  The printed forms are retained here.

Caracas is the capital and seat of federal government, subject to Art. 100, powers 23(b) and 24. (Art. 7; cf. 1928, Art. 7:  “subject to the provisions of subparagraph b), power 24 of Article 100, and power 25 of the same Article”).

Amazonas and Delta Amacuro are Territorios Federales [Federal Territories], organized by special laws.  Their boundaries, and those of the Distrito Federal [Federal District] with neighbouring Estados [States], may be modified by agreements concluded by the Poder Ejecutivo Federal [Federal Executive Power] and the respective state governments and approved by the Congreso [Congress] and the respective Asambleas Legislativas [Legislative Assemblies]. (Art. 8; cont., 1928, Art. 8).

A Territorio Federal [Federal Territory] may become a Estado [State] upon attaining the population required for one deputy and proving to the Congreso [Congress] that it can maintain every branch of public service and meet the necessary expenditure. (Art. 9; cont., 1928, Art. 9).

The Dependencias Federales [Federal Dependencies] comprise the Venezuelan islands in the Caribbean Sea except Margarita and Coche, which constitute Nueva Esparta.  Their government and administration belong directly to the executive until the law elevates them to the category of Territorios Federales [Federal Territories]. (Art. 10; cont., 1928, Art. 10).

The Corte Federal y de Casación [Federal and Cassation Court] decides boundary disputes between Estados [States], and those arising between them and the Distrito Federal [Federal District] or Territorios Federales [Federal Territories], through the procedure prescribed by law. (Art. 11; cont., 1928, Art. 11).

POW-LEG—Congress

The Poder Legislativo [Legislative Power] is exercised by the Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela], consisting of the Cámara de Diputados [Chamber of Deputies] and Cámara del Senado [Senate].  Both Diputados [Deputies] and Senadores [Senators] serve three-year terms. (Art. 55; cont., 1928, Art. 55).

Each Estado [State] elects Diputados [Deputies] directly under its Ley de Elecciones [Electoral Law], one per 35,000 inhabitants and one additional deputy for an excess of 15,000.  A Estado [State] with fewer than 35,000 inhabitants elects one deputy.  An equal number of Suplentes [Alternates] is elected to fill vacancies in the order of election. (Art. 56; cont., 1928, Art. 56).

Art. 56 ends with the provision for Suplentes [Alternates]; the three-year term remains in Art. 55. (Arts. 55–56; cf. 1928, Art. 56, final paragraph:  “The Diputados [Deputies] shall serve for three years and shall be renewed in their entirety.”).

A deputy must be Venezuelan by birth and have completed twenty-one years of age.  The Distrito Federal [Federal District] and Territorios Federales [Federal Territories] attaining the prescribed population elect Diputados [Deputies] directly under the formalities fixed by law.  The population basis excludes indígenas no reducidos [unreduced Indigenous people]. (Arts. 57–58; cont., 1928, Arts. 57–58).

The Cámara de Diputados [Chamber of Deputies] may give a voto de censura [vote of censure] to Ministros del Despacho [Cabinet Ministers] whose acts it considers to warrant it.  The Presidente de la República [President of the Republic] is not obliged to remove them until the Corte Federal y de Casación [Federal and Cassation Court] declares that legal grounds exist for putting them on trial.  Other powers may be assigned by law. (Art. 59; cont., 1928, Art. 59).

Each state Asamblea Legislativa [Legislative Assembly] elects, from outside its own membership, two principal Senadores [Senators] and two Suplentes [Alternates], the latter filling vacancies in election order.  A senator must be Venezuelan by birth and over thirty years of age. (Arts. 60–61; cont., 1928, Arts. 60–61).

The Cámara del Senado [Senate] may authorize the transfer of the remains of illustrious Venezuelans to the Panteón Nacional [National Pantheon] after twenty-five years from their death; consent to national officials accepting gifts, offices, honours or rewards from foreign governments; and consent to military promotions from Coronel [Colonel] and naval promotions from Capitán de Navío [Naval Captain], inclusive. (Art. 62(1–3); cont., 1928, Art. 62(1–3)).

Art. 62 contains three numbered powers. (Art. 62; cf. 1928, Art. 62(4):  “4. Such other powers as the laws assign to it.”).

The Cámaras Legislativas [Legislative Chambers] meet annually in the capital on 19 April or the nearest possible day, without prior convocation.  Ordinary sessions last ninety days and cannot be extended; every day and hour within that period is available for ordinary sessions.  Extraordinary sessions convened by the executive address the matters specified in the convocation and connected legislation requiring amendment. (Art. 63; cont., 1928, Art. 63).

Opening sessions require two-thirds of the membership; those present without that number form a Comisión Preparatoria [Preparatory Commission] and take measures to secure attendance.  Subsequent sessions require an absolute majority.  Sessions are public unless the respective Chamber resolves that they shall be secret. (Arts. 64–65; cont., 1928, Arts. 64–65).

Each Chamber adopts its Reglamento Interior y de Debates [Rules of Internal Procedure and Debate], disciplines infringements, controls order in its building, corrects or punishes disorderly spectators, removes impediments to its lawful functions, executes its exclusive resolutions, determines the qualifications of its members and receives their resignations.  Both Chambers sit in the same town and open and close sessions on the same day and hour; suspension or relocation requires the other Chamber’s consent, with disagreements decided in joint session. (Arts. 66–67; cont., 1928, Arts. 66–67).

During sessions, any public office is incompatible with membership of either Chamber.  Remuneration is fixed by law and may be increased only for the following term. (Arts. 68–69; cont., 1928, Arts. 68–69).

Legislative inmunidad [immunity] runs from thirty days before 19 April until thirty days after the close of sessions.  Members cannot be imprisoned, arrested, confined, detained or obstructed in their functions, even upon committing an offence during that period.  Where the alleged offence carries a pena corporal [penalty restricting personal liberty], the sumario [preliminary criminal investigation] is stayed during immunity, while investigative steps continue.  Members need not answer claims, take oaths or answer judicial interrogatories during the same period, which is excluded from procedural time limits.  The Chambers cannot waive this immunity. (Art. 70; cont., 1928, Art. 70).

Art. 70(1) states the exclusion of Art. 32(15)(c) with the qualification “with respect to the duration of the sumario [preliminary criminal investigation]”. (Art. 70(1); cont., 1928, Art. 70(1)).

Members are not responsible for opinions expressed in their Chambers.  They cannot make contracts with the Ejecutivo Federal [Federal Executive] on their own or another’s behalf, or pursue others’ claims before it. (Arts. 71–72; cont., 1928, Arts. 71–72).

When the list of senatorial Suplentes [Alternates] is exhausted or reduced by death or another permanent vacancy, the respective Asamblea Legislativa [Legislative Assembly] fills it for the remainder of the legislative term.  State constitutions and the Ley Orgánica del Distrito Federal [Organic Law of the Federal District] determine how vacancies in the Cámara de Diputados [Chamber of Deputies] are filled. (Art. 73; cont., 1928, Art. 73).

The Chambers act separately but sit jointly when the Constitution or laws require it, or when one invites the other and the latter agrees and fixes the meeting time.  Their separate acts as co-legislators are Leyes [Laws]; acts adopted jointly, or separately on matters exclusive to one Chamber, are Acuerdos [Resolutions].  The presiding officer of the Cámara del Senado [Senate] presides over the Congreso [Congress], and that of the Cámara de Diputados [Chamber of Deputies] serves as its vice-president. (Arts. 74–76; cont., 1928, Arts. 74–76).

In joint session the Congreso [Congress] conducts the elections assigned to it, receives the resignation of the Presidente de la República [President of the Republic], examines the annual Mensaje [Message], approves or disapproves ministerial Memorias y Cuentas [Reports and Accounts], admits qualifying Territorios Federales [Federal Territories] as Estados [States], and examines Créditos Adicionales [Additional Appropriations] for compliance with the constitutional procedure. (Art. 77; cont., 1928, Art. 77).

The reference governing examination of Créditos Adicionales [Additional Appropriations] is Art. 100(29). (Art. 77(6); cf. 1928, Art. 77(6):  “the procedures indicated in power 30 of Article 100”).

As co-legislators the Chambers decree national taxes and loans, regulate national debt, create and suppress national offices, legislate on federal administration and currency, and authorize the disposal of nationally owned immovable property.  Compulsory circulation of banknotes or any paper representation of value is prohibited, and the patrón de oro [gold standard] must be maintained.  Weights and measures follow the metric decimal system. (Art. 78(1–4, 7–8); cont., 1928, Art. 78(1–4, 7–8)).

Treaties and diplomatic conventions require legislative approval before ratification or exchange.  The approving law receives the Ejecútese [Let it be executed] only when the other party’s acceptance is established; official publication follows ratification and exchange.  Contracts for railways, aerial haulage cables, telegraphic or wireless communications, immigration and other authorized matters of national interest require legislative approval.  concesiones mineras [mining concessions] and titles to tierras baldías [ungranted public lands] granted under their respective laws are exempt from that approval. (Art. 78(5–6); cont., 1928, Art. 78(5–6)).

The Chambers enact the Ley de Presupuesto General de Rentas y Gastos Públicos [General Revenue and Public Expenditure Budget Law], fixing federal salaries and expenditure for the fiscal year.  Outside that law, they cannot order another specified expenditure through a special law or resolution.  They examine and approve the Censo Nacional [National Census], prescribe the special administration of Territorios Federales [Federal Territories], and increase the population basis for electing Diputados [Deputies] when the approved census requires it. (Art. 78(9–12); cont., 1928, Art. 78(9–12)).

General laws govern civil pensions, retirement benefits and montepíos militares [military survivors’ pension funds] payable by the Tesoro Nacional [National Treasury].  The budget supplies aggregate appropriations, distributed by the executive through the competent minister under the law.  The Chambers decree war, require peace negotiations, legislate on recruitment and replacement of land and sea forces, grant amnistías [amnesties], and legislate on the security of ports and coasts. (Art. 78(13–17); cont., 1928, Art. 78(13–17)).

Legislative powers include the Censo electoral [Electoral Register], Instrucción Pública [Public Instruction], Hacienda Nacional [National Public Finance Administration], air, maritime and river navigation, docks, Correos [Postal Services], Telégrafos [Telegraphs], wireless communications, railways, national roads and motor traffic, tierras baldías [ungranted public lands], salinas [saltworks], pearl fishing and mines, together with the subjects listed in Art. 15(4) and other matters of federal competence. (Art. 78(18–19); cont., 1928, Art. 78(18–19)).

A bill may originate in either Chamber upon presentation by at least three of its members, or through the minister responsible for a proposal from the executive.  After admission it receives three discussions separated by at least one day.  The other Chamber follows the same procedure and returns any amendments.  If disagreement persists after written reasons from the originating Chamber, joint session decides disputed and connected articles by majority vote and may adopt a different wording. (Arts. 79–82; cont., 1928, Arts. 79–82).

Rejected bills cannot be presented again until the following year or later.  Bills left pending at the close of sessions require a new presentation and all discussions in a subsequent year.  An amending law must reproduce its entire text and repeal the previous law in full; repeal follows the same formalities as enactment. (Arts. 83–84, 86–87; cont., 1928, Arts. 83–84, 86–87).

The legislative formula is the name of the Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela] followed by “Decrees:”.  Enacted texts are prepared in duplicate without alterations, signed by the presiding officers and secretaries of the Congreso [Congress], and dated with final approval.  One copy goes to the Presidente de la República [President of the Republic] for countersignature with the competent ministers and official publication.  Printing errors require corrected republication or a ministerially certified errata notice. (Arts. 85, 88–89; cont., 1928, Arts. 85, 88–89).

A law takes effect on its stated date or, if none is stated, upon official publication.  Legislative power cannot be delegated.  Legislation is not retroactive except where it imposes a lesser penalty.  Procedural laws apply immediately to pending cases; in criminal cases, evidence already taken is assessed under the law in force when it was offered insofar as that benefits the accused. (Arts. 90–92; cont., 1928, Arts. 90–92).

The publication named in Arts. 88–90 is the Gaceta Oficial de los Estados Unidos de Venezuela [Official Gazette of the United States of Venezuela]. (Arts. 88–90; cf. 1928, Art. 90:  “from its publication in the Gaceta Oficial [Official Gazette]”).

ECO-TES—Treasury

The federal authorities have competence over Aduanas [Customs Houses], import duties and duties on foreign goods passing through to foreign destinations.  The Impuesto Territorial [Territorial Tax] remains payable at Aduanas [Customs Houses] until abolished by law and enters the Tesoro Nacional [National Treasury].  Exports are free of tax.  Federal revenues include estampillas o timbres fiscales [fiscal stamps or revenue stamps], cigarettes, tobacco, registration, inheritance, matches, spirits, liquors and other taxes established as national taxes by law. (Art. 15(14, 17); cont., 1928, Art. 15(14, 17)).

The Situado Constitucional [Constitutional Revenue Allocation] equals twelve per cent of total revenue, calculated for each fiscal year from receipts in the immediately preceding calendar year and included annually in the national expenditure budget.  It is distributed among the Estados [States], Distrito Federal [Federal District] and Territorios Federales [Federal Territories] in proportion to population. (Art. 17(4)(1); cont., 1928, Art. 17(4)(1)).

State revenues also include the tax on papel sellado [stamped paper], consumption taxes and contributions established by their Asambleas Legislativas [Legislative Assemblies].  papel sellado [stamped paper] cannot be demanded for assessment or payment of national taxes, or used to collect prohibited contributions.  Estados [States] cannot create Aduanas [Customs Houses], levy import or export duties, tax foreign goods in transit abroad, invade national or municipal tax subjects, tax interstate transit, tax goods before they are offered for consumption, prohibit consumption of goods from elsewhere, discriminate against such goods, require federal tax officials to collect state taxes, or impose payment in personal labour or its monetary equivalent. (Art. 17(4)(2–3); cont., 1928, Art. 17(4)(2–3)).

Municipal revenue powers carry the restrictions in Art. 17(4)(3).  patentes [business licence taxes] on agriculture, livestock raising and the catching of edible fish are prohibited at municipal, state and national levels.  Estados [States] and Municipalidades [Municipalities] cannot contract loans abroad. (Arts. 18(3), 24; cont., 1928, Arts. 18(3), 24).

No tax may be collected without legal authorization.  Expenditure from the Tesoro Nacional [National Treasury] requires an appropriation in the Ley de Presupuesto General de Rentas y Gastos Públicos [General Revenue and Public Expenditure Budget Law] or a previously decreed Crédito Adicional [Additional Appropriation].  Officials who contravene this rule are civilly liable to the Tesoro Nacional [National Treasury] for the amounts paid. (Art. 48; cont., 1928, Art. 48).

The Presidente de la República [President of the Republic], in the Consejo de Ministros [Council of Ministers], may decree Créditos Adicionales [Additional Appropriations] when a budget chapter is insufficient or an expense was not foreseen, provided available funds cover them without impairing ordinary expenditure, which takes precedence.  The Congreso [Congress] examines compliance with these conditions.  Ministers account for funds handled; the minister responsible for national revenues prepares the budget bill in consultation with the others. (Arts. 100(29), 77(6), 109; cont., 1928, Arts. 100(30), 77(6), 109).

Each Estado [State] retains ownership of its salinas [saltworks], tierras baldías [ungranted public lands], their products, ostrales de perlas [pearl-oyster beds] and mines, while administration belongs to the Ejecutivo Federal [Federal Executive].  The resulting revenue, including sales of tierras baldías [ungranted public lands], enters the Tesoro Nacional [National Treasury].  salinas [saltworks] are inalienable.  tierras baldías [ungranted public lands] on maritime, river and lake islands cannot be alienated, and their use cannot directly or indirectly transfer ownership. (Art. 15(18); cont., 1928, Art. 15(18)).

concesiones mineras [mining concessions] are temporary.  Laws governing the sale, lease or gratuitous grant of tierras baldías [ungranted public lands] must establish a derecho de preferencia [right of preference] for occupants. (Art. 15(18); cont., 1928, Art. 15(18)).

POW-EXE—Executive

Federal administration not assigned by the Constitution to another authority belongs to the Poder Ejecutivo Federal [Federal Executive Power], exercised by the Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela].  The laws determine the federal employees and agents through whom administration operates; assistance may be required from state governments in constitutionally permitted cases. (Arts. 93–94; cont., 1928, Arts. 93–94).

The Presidente de la República [President of the Republic] must be Venezuelan by birth, over thirty, of estado seglar [lay status] and in possession of all civil and political rights. (Art. 95; cont., 1928, Art. 95).

Within the first fifteen days of its installation in the year beginning the constitutional term, the Congreso [Congress] elects the Presidente de la República [President of the Republic].  The election sitting is fixed at least five days in advance and the notice is officially published.  The oath is taken before the Congreso [Congress], or before the Corte Federal y de Casación [Federal and Cassation Court] if circumstances prevent the former. (Arts. 96, 99; cont., 1928, Arts. 96, 99).

A temporary presidential absence is filled by the Ministro del Despacho [Cabinet Minister] designated by the Presidente de la República [President of the Republic].  Upon a permanent vacancy, the Congreso [Congress] elects a replacement for the remainder of the term.  Until that person takes office, the minister already acting continues; if none is acting, the Gabinete [Cabinet] chooses a minister by majority vote.  If the Congreso [Congress] is not in ordinary session, the acting minister convenes extraordinary sessions. (Art. 97; cont., 1928, Art. 97).

Absence from the capital within national territory is not a temporary absence from office.  From any place in the country, the Presidente de la República [President of the Republic] may instruct ministers concerning resolutions to be issued in the capital and receive foreign diplomatic ministers. (Art. 98; cont., 1928, Art. 98).

Federal constitutional terms last seven years.  Presidential service runs from the oath until 19 April in the year when the term ends.  On that date the executive is delivered to a member or alternate of the Corte Federal y de Casación [Federal and Cassation Court] designated by that Court under Art. 120(17), pending the accession of the elected successor. (Arts. 54, 103, 120(17); cont., 1928, Arts. 54, 103, 120(17)).

Art. 54 fixes the beginning of the federal periods at 19 April 1929. (Art. 54; cf. 1928, Art. 54:  “shall be counted from 19 April 1922 and shall last seven years”).

For the current constitutional period, the Congreso [Congress] elects a Comandante en Jefe del Ejército Nacional [Commander-in-Chief of the National Army].  The Presidente de la República [President of the Republic] must exercise the powers numbered 1, 4, 17, 18, 23, 25 and 27 in Art. 100 in agreement with that officer: appointment and removal of ministers, administration of the Distrito Federal [Federal District], extraordinary convocation of the Congreso [Congress], declaration of war, suspension of guarantees and the listed wartime measures, armed intervention in conflict between Estados [States], and indultos [pardons]. (Art. 128; new).

The Presidente de la República [President of the Republic] appoints and removes Ministros del Despacho [Cabinet Ministers], receives foreign diplomatic ministers, signs official letters to heads of state, administers the Distrito Federal [Federal District] and Territorios Federales [Federal Territories], and may designate a Ministro del Despacho [Cabinet Minister] to exercise the presidency temporarily and resume office during the constitutional term. (Art. 100(1–6); cont., 1928, Art. 100(1–6)).

The Presidente de la República [President of the Republic] orders the Constitution and laws executed and published; issues implementing Decretos [Decrees] and Reglamentos [Regulations] in the Consejo de Ministros [Council of Ministers] without altering the laws’ spirit, purpose or reason; negotiates legislatively authorized loans through the appropriate minister with Gabinete [Cabinet] approval; regulates public or private health, postal, telegraph and telephone services in the Consejo de Ministros [Council of Ministers]; and orders the census and submits it for legislative approval. (Art. 100(7–11); cont., 1928, Art. 100(7–11)).

Through the appropriate ministers, the Presidente de la República [President of the Republic] issues patentes de navegación [navigation licences] and nationality certificates, appoints national officials whose selection belongs to no other official and removes them, and administers national revenues.  In the Consejo de Ministros [Council of Ministers], the Presidente de la República [President of the Republic] creates and funds necessary public services during legislative recess.  With Gabinete [Cabinet] approval, the Presidente de la República [President of the Republic] orders the Ministerio Público Federal [Federal Public Ministry] to prosecute officials where grounds exist and convenes the Congreso [Congress] extraordinarily.  War is declared after the Congreso [Congress] has decreed it. (Art. 100(12–19); cont., 1928, Art. 100(12–19)).

The Presidente de la República [President of the Republic] conducts diplomatic negotiations personally or through the competent minister, and concludes treaties through chosen plenipotentiaries with Consejo de Ministros [Council of Ministers] approval and subsequent legislative approval.  Treaties cannot impair Arts. 37–39 and must provide for arbitramento [arbitration] of differences over interpretation or execution.  Authorized contracts of national interest are made through the competent ministers with Consejo de Ministros [Council of Ministers] approval and submitted to the Congreso [Congress].  Entry of foreigners may be prohibited and expulsion ordered in cases permitted by international law or national legislation. (Art. 100(20–22); cont., 1928, Art. 100(20–22)).

The Presidente de la República [President of the Republic] decrees suspension of garantías constitucionales [constitutional guarantees] in the cases specified in Art. 36.  During civil or international war, additional powers permit requesting state assistance, temporarily relocating federal powers, ordering prosecution for traición a la Patria [treason against the Nation], reorganizing Estados [States] controlled by rebels or participating in rebellion, and issuing patentes de corso [letters of marque] and authorizing represalias [reprisals]. (Art. 100(23); cont., 1928, Art. 100(24)).

During an official visit with some or all Ministros del Despacho [Cabinet Ministers] to Estados [States] or Territorios Federales [Federal Territories], the seat of the Poder Ejecutivo Federal [Federal Executive Power] is the place where the Presidente de la República [President of the Republic] is located; the visit decree regulates routine administration in Caracas.  The Presidente de la República [President of the Republic] may use the fuerza pública [public force] to end armed conflict between Estados [States] after good offices fail, exercise functions delegated by state constitutions, grant indultos [pardons], and order the issue of titles granting or leasing tierras baldías [ungranted public lands] and concesiones mineras [mining concessions]. (Art. 100(24–28); cont., 1928, Art. 100(25–29)).

The annual Mensaje [Message] is presented personally or through a minister within the first ten days of ordinary sessions and accounts for acts of administration and the condition of the Republic. (Art. 101, first paragraph; cont., 1928, Art. 101, first paragraph).

In the final year of the presidential term, the Mensaje [Message] is presented on 19 April or left signed with the acting president for transmission when the Congreso [Congress] meets. (Art. 101, final paragraph; cont., 1928, Art. 101, final paragraph).

The Presidente de la República [President of the Republic] is responsible only for traición a la Patria [treason against the Nation] and ordinary offences. (Art. 102; cont., 1928, Art. 102).

The Ministros del Despacho [Cabinet Ministers] are the legally required organs through which presidential powers are exercised.  The law fixes their functions and organizes their departments.  Presidential decrees require countersignature by the competent ministers, who issue the resolutions and orders within the presidential powers.  Without that requirement presidential dispositions have no effect, except ministerial appointments and designation of an acting minister under Art. 100(6).  A freely appointed and removable Gobernador del Distrito Federal [Governor of the Federal District] is the presidential organ for administration of the Distrito Federal [Federal District]. (Arts. 104–105; cont., 1928, Arts. 104–105).

A Ministro del Despacho [Cabinet Minister] must be Venezuelan by birth, over thirty and in possession of civil and political rights.  Decisions are taken in the Gabinete [Cabinet] when the Constitution or laws require it or the Presidente de la República [President of the Republic] convenes it because of the matter’s importance.  Otherwise, the competent minister or ministers countersign or execute the presidential decision. (Arts. 106–107; cont., 1928, Arts. 106–107).

Ministers’ acts must conform to the Constitution and laws.  Their personal responsibility is not excused by presidential orders, even written orders; responsibility for acts resolved in the Gabinete [Cabinet] is joint.  Ministers submit reasoned and documented Memorias y Cuentas [Reports and Accounts] within the first ten days of annual sessions.  Ministers may speak in the Chambers and must attend when summoned to provide information. (Arts. 108, 109 (first paragraph), 110; cont., 1928, Arts. 108, 109 (first paragraph), 110).

In the final presidential year, ministers present their Memorias y Cuentas [Reports and Accounts] on 19 April or, if the Cámaras Legislativas [Legislative Chambers] have not yet assembled, leave them with the acting president for transmission when the Congreso [Congress] meets. (Art. 109, final paragraph; cont., 1928, Art. 109, final paragraph).

POW-JUD—Judiciary

The Poder Judicial [Judicial Power] resides in the Corte Federal y de Casación [Federal and Cassation Court] and the other courts established by law.  Jueces Federales [Federal Judges] are appointed for a fixed period and cannot be removed during it except in cases prescribed by law. (Arts. 116–117; cont., 1928, Arts. 116–117).

The Corte Federal y de Casación [Federal and Cassation Court] consists of seven Vocales [Members of the Court], Venezuelans by birth, over thirty and lawyers of the Republic, serving seven years.  At the end of their term they remain until their replacements take office.  The Court acts in Salas [Divisions of the Court], whose membership is fixed by law. (Art. 118; cont., 1928, Art. 118).

The Congreso [Congress] elects each of the seven Vocales [Members of the Court] separately by absolute majority during the first thirty days of sessions in the year beginning the constitutional term.  At the same sitting it elects seven numbered Suplentes [Alternates], who fill temporary and permanent vacancies in that order.  The Court fills incidental absences under the law.  The Congreso [Congress] completes a depleted list of Suplentes [Alternates], placing the new appointees at its end; successive excuses from service without resignation are treated as incidental absences. (Art. 119; cont., 1928, Art. 119).

The Court hears accusations against the Presidente de la República [President of the Republic] or acting president, Ministros del Despacho [Cabinet Ministers], the Procurador General de la Nación [Procurator General of the Nation], the Gobernador del Distrito Federal [Governor of the Federal District] and its own members, and against state presidents and other high state officials designated by state law.  It hears civil and criminal cases involving diplomatic officials where international law permits, and criminal cases concerning Venezuelan diplomatic agents’ misconduct abroad. (Art. 120(1–4); cont., 1928, Art. 120(1–4)).

Its jurisdiction includes the recurso de casación [appeal in cassation], other appeals assigned by law, causas de presas [prize cases], disputes among the specified political officials and federal or state entities, and conflicts of judicial competence where no other authority exists to decide them. (Art. 120(5–8); cont., 1928, Art. 120(5–8)).

The Court declares the nulidad [nullity] of national or state laws conflicting with the Constitution, limiting nullity to the conflicting provisions unless their connection with the rest requires invalidation of the whole law.  It determines which national or state law, or which conflicting provisions of one law, must prevail.  It annuls legislative or executive acts violating state rights or autonomy and state or municipal acts violating the specified restrictions on revenue powers. (Art. 120(9–11); cont., 1928, Art. 120(9–11)).

The Court annuls executive Decretos [Decrees] and Reglamentos [Regulations] that alter the spirit, reason or purpose of laws, and acts within Arts. 42–43 issued by national authorities, authorities of the Distrito Federal [Federal District] or high state officials.  A ministerial resolution concerning execution, interpretation or lapse of a federal contract requires the procedure in Art. 120(13). (Art. 120(12); cont., 1928, Art. 120(12)).

In juicio contencioso [contentious proceedings], the Court decides disputes between the Nation and contractors or concessionaires concerning nullity, lapse, termination, scope, interpretation or performance of federal contracts, concesiones mineras [mining concessions] and grants of tierras baldías [ungranted public lands], including refusals of titles claimed as due.  Matters reserved by the law applicable at the time to executive decision without judicial recourse remain excepted.  Subject to treaties and statutory conditions, the Court gives foreign judgments enforceable effect and hears statutory claims for damages and other monetary claims against the Nation. (Art. 120(13–15); cont., 1928, Art. 120(13–15)).

The Court decides the boundary disputes specified in Art. 11. (Art. 120(16); cont., 1928, Art. 120(16)).

On 19 April at the beginning of each federal term, the Court designates a principal member or alternate to take charge of the executive under Art. 103.  A principal member leaves the Court upon taking executive office.  The person designated continues until the elected Presidente de la República [President of the Republic] takes office, even if the Court is renewed in the meantime. (Art. 120(17); cont., 1928, Art. 120(17)).

Other matters of federal competence may be assigned to the Court by the Constitution and laws. (Art. 120(18); cont., 1928, Art. 120(18)).

For accusations under Art. 120(1–2), the Court summarily decides whether there are grounds for formación de causa [commencement of criminal proceedings], considering the evidence submitted and evidence it orders obtained.  An affirmative decision suspends the official during the case; a negative decision ends proceedings.  Ordinary offences pass to the competent ordinary court, while political offences remain before the Court through final judgment.  The Court sends the Congreso [Congress] an annual report of its work and proposed legislative reforms. (Arts. 121–122; cont., 1928, Arts. 121–122).

Federal judicial competence includes the Court’s assigned cases, ordinary justice in the Distrito Federal [Federal District], Territorios Federales [Federal Territories] and Dependencias Federales [Federal Dependencies], and Tribunales Federales [Federal Courts] acting even within Estados [States] in cases involving the Nation, military proceedings, tierras baldías [ungranted public lands], mines, salinas [saltworks], federal taxation and other cases determined by law.  The law may entrust federal judicial functions to Tribunales de los Estados [State Courts]. (Art. 15(7); cont., 1928, Art. 15(7)).

The Ministerio Público Federal [Federal Public Ministry] represents the Ejecutivo Federal [Federal Executive] before federal and state courts when required by the Constitution and laws.  It is headed by the Procurador General de la Nación [Procurator General of the Nation], freely appointed and removable by the Presidente de la República [President of the Republic], with subordinate appointments governed by law.  It supervises lawful application in criminal cases and cases involving the Fisco Nacional [National Fisc], public order or public morals; supplies legal opinions to the executive or the Court; exercises the Ministerio Fiscal [Prosecutorial Office] in Art. 120(1–3) cases; and represents the Nation in litigation.  The Procurador General de la Nación [Procurator General of the Nation] follows lawful executive instructions transmitted through the competent ministry. (Arts. 111–115; cont., 1928, Arts. 111–115).

At the request of the Ejecutivo Federal [Federal Executive], the Procurador General de la Nación [Procurator General of the Nation] brings accusations before the competent authority against officials whose conduct gives grounds for prosecution. (Art. 114(3); cf. 1928, Art. 114(3):  “an accusation against federal officials who give grounds for being prosecuted”).

POW-SUB—Subnational Government

The Estados [States] recognize one another’s autonomy and political equality and retain soberanía [sovereignty] not delegated by the Constitution.  Their first duty and that of the Federation is preservation of national independence and integrity.  They cannot break national unity, ally with foreign powers, request their protection or cede territory to them.  National and state government is republican, federal, democratic, elective, representative, responsible and alternating. (Arts. 12–13; cont., 1928, Arts. 12–13).

The Estados [States] are divided into Distritos [Districts] with autonomía municipal [municipal autonomy], independent of state political power in their administrative affairs within constitutional restrictions.  During foreign or internal war, a state executive may assume district administration under the state constitution. (Art. 14; cont., 1928, Art. 14).

The Estados [States] adopt constitutions and laws organizing their public powers, elect those powers under their constitutions and laws, and may delegate specified functions to the Presidente de la República [President of the Republic].  They may retain or change their names.  They administer civil and criminal justice through their own courts except in matters reserved to federal judges; their judgments are reviewed only by the Corte Federal y de Casación [Federal and Cassation Court] through the remedies and with the effects prescribed by law. (Art. 17(1–3, 5); cont., 1928, Art. 17(1–3, 5)).

The Municipalidades [Municipalities] organize police, food supplies, cemeteries, municipal ornamentation, civil architecture, street lighting, aqueducts, urban tramways and other municipal services.  They administer ejidos [municipal common lands] and other municipal lands, which cannot thereafter be alienated except for construction. (Art. 18(1–2); cont., 1928, Art. 18(1–2)).

Hygiene services follow federal health laws and regulations and remain “under the supreme inspection of the federal sanitary service”. (Art. 18(1); cf. 1928, Art. 18(1):  “under the inspection of the federal sanitary service”).

The Estados [States] must comply with and execute the federal Constitution, laws and lawful federal orders.  The Estados [States] and Municipalidades [Municipalities] give full faith and execution to public and judicial acts from federal authorities, other Estados [States] and the Distrito Federal [Federal District]. (Arts. 16, 19; cont., 1928, Arts. 16, 19).

Federal judges, public prosecutors, administrative and revenue officials, and forces assigned to borders, public peace, garrisons, arsenals, coasts and ports may operate within the Estados [States].  Their jurisdiction is limited to their functions; they have no special personal jurisdiction or privilege distinguishing them from other residents.  Estados [States] cannot impose duties incompatible with their federal service.  The federal government may build the works needed for its administration. (Arts. 20–21; cont., 1928, Arts. 20–21).

The Estados [States] must prevent recruitment or levies intended to attack another nation’s peace, liberty or independence, or disturb internal peace.  They cannot make war on one another and must remain neutral in disputes among other Estados [States] until required to act by the federal government. (Arts. 22–23; cont., 1928, Arts. 22–23).

Two or more Estados [States] may unite to form a single Estado [State], while retaining the freedom to recover their autonomy.  In either case they notify the federal executive, the Congreso [Congress] and the other Estados [States]. (Art. 25; cont., 1928, Art. 25).

Official acts and documents of the Nation, Estados [States], Distrito Federal [Federal District], Territorios Federales [Federal Territories] and Municipalidades [Municipalities] must carry the calendar date and the years of Independence, counted from 19 April 1810, and Federation, counted from 20 February 1859. (Art. 26; cont., 1928, Art. 26).

Poder Público [Public Power] is distributed among federal, state and municipal authorities within constitutional limits.  The Poder Federal [Federal Power] is divided into legislative, executive and judicial branches. (Art. 51; cont., 1928, Art. 51).

CON-AMD—Amending the Constitution

Total or partial reform is declared by the Congreso [Congress] in ordinary sessions upon requests from three-quarters of the state Asambleas Legislativas [Legislative Assemblies], likewise meeting in ordinary sessions.  Amendments and additions may address only points upon which a majority of Estados [States] agree. (Art. 123; cont., 1928, Art. 123).

Amendments and additions follow the procedure for enacting laws.  Once the Congreso [Congress] approves them, its presiding officer submits them to the Asambleas Legislativas [Legislative Assemblies] for final ratification. (Arts. 124–125; cont., 1928, Arts. 124–125).

The Congreso [Congress] may also initiate amendments or additions under the procedure in Arts. 124–125; they are enacted upon ratification by two-thirds of the state Asambleas Legislativas [Legislative Assemblies].  Whether the initiative originated in the Asambleas Legislativas [Legislative Assemblies] or the Cámaras Legislativas [Legislative Chambers], the final state votes return to the Congreso [Congress] for scrutiny. (Arts. 126–127; cont., 1928, Arts. 126–127).

CIV-SUF—Suffrage

The right of sufragio [suffrage] makes Venezuelans over twenty-one who are not subject to interdicción [judicial interdiction] or a criminal conviction involving inhabilitación política [political disqualification] electors and eligible for public office, subject to constitutional restrictions and statutory requirements of competence or capacity for particular offices. (Art. 32(12); cont., 1928, Art. 32(12)).

State constitutions must provide direct, secret voting for Concejos Municipales [Municipal Councils], Asambleas Legislativas [Legislative Assemblies] and Diputados [Deputies], using the Censo electoral [Electoral Register] under federal law.  Diputados [Deputies] are directly elected; Senadores [Senators] are chosen by the state Asambleas Legislativas [Legislative Assemblies] from outside their membership.  The Congreso [Congress] elects the members and alternates of the Corte Federal y de Casación [Federal and Cassation Court]. (Arts. 17(1), 56, 58, 60, 119; cont., 1928, Arts. 17(1), 56, 58, 60, 119).

The Congreso [Congress] elects the Presidente de la República [President of the Republic]. (Art. 96; cont., 1928, Art. 96).

The constitutional age requirement is completion of twenty-one years for a deputy and age over thirty for a senator.  The Presidente de la República [President of the Republic] must be over thirty, Venezuelan by birth, of estado seglar [lay status] and in possession of civil and political rights. (Arts. 57, 61, 95; cont., 1928, Arts. 57, 61, 95).

The Congreso [Congress] elects both the Presidente de la República [President of the Republic] and the Comandante en Jefe del Ejército Nacional [Commander-in-Chief of the National Army] for the period 1929–1936 immediately after enactment of the Constitution; both swear the oath before it. (Arts. 128–129; new).

Troops must remain in barracks during electoral periods. (Art. 47; cont., 1928, Art. 47).

CIV-CIT—Citizenship

Venezuelan nacionalidad [nationality] belongs by birth and is acquired by naturalización [naturalization].  Those born in national territory and children of Venezuelan parents, wherever born, are Venezuelan by birth. (Arts. 27–28; cont., 1928, Arts. 27–28).

Art. 29(1) includes adult children born abroad to a father or mother who are Venezuelan by naturalización [naturalization], if they establish domicile in the country and declare their intention to be Venezuelan. (Art. 29(1); cf. 1928, Art. 29(1):  “of a father and mother who are Venezuelan by naturalización [naturalization]”).

This comparison records the conjunction printed in each CIDEP recension; it does not establish whether the variant originated in the enacted instrument or in its reproduction.

The remaining categories are persons born in the Ibero-American republics who establish residence and declare their intention to be Venezuelan; foreigners obtaining a carta de naturaleza [certificate of naturalization] under the law; and a foreign woman married to a Venezuelan while the marriage subsists, or who, within one year after its dissolution, declares her intention to remain Venezuelan. (Art. 29(2–4); cont., 1928, Art. 29(2–4)).

The declarations under Art. 29(1), (2) and (4) are made before the Registrador Principal [Principal Registrar] for the jurisdiction where the person establishes domicile.  The declaration is entered in the Protocolo [Register] and copied to the Ejecutivo Federal [Federal Executive] for official publication after the procedures required by law.  nacionalidad [nationality] is not acquired before that publication. (Art. 30; cont., 1928, Art. 30).

Venezuelans must defend the country and obey the Constitution, laws and lawful implementing orders.  They cannot undertake service against Venezuela and, if they do, are punishable as traitors under the law.  The law fixes foreigners’ rights and duties, which cannot exceed those of Venezuelans.  Foreigners participating in Venezuelan political contests incur the same responsibilities as Venezuelans and the measures specified by the charter. (Arts. 31, 37–38; cont., 1928, Arts. 31, 37–38).

Neither nationals nor foreigners may claim compensation from the Nation, Estados [States] or Municipalidades [Municipalities] for damage, loss or expropriation not carried out by legitimate authorities acting in their public capacity. (Art. 39; cont., 1928, Art. 39).

RTS-GAR—Rights

Life is inviolable, and no law or authority may establish or impose the pena de muerte [death penalty].  Property is subject to lawful contributions and taking for works of public utility through juicio contradictorio [adversarial proceeding] and indemnización previa [prior compensation], under the law.  Owners must obey legislation on public hygiene, conservation of forests and waters, and comparable community requirements. (Art. 32(1–2); cont., 1928, Art. 32(1–2)).

Postal and telegraphic correspondence and private papers are inviolable; seizure requires a competent judicial order and legal formalities, preserving secrecy for domestic and private matters unrelated to the case.  The home may be entered only to prevent the commission or completion of an offence, execute lawful judicial decisions or carry out lawful sanitary visits. (Art. 32(3–4); cont., 1928, Art. 32(3–4)).

Personal liberty includes abolition of reclutamiento forzoso [compulsory recruitment], with military service governed by law; permanent prohibition of slavery and freedom for any enslaved person entering the country; liberty to do what harms no one else; and freedom from obligations not legally imposed or prohibitions not established by law. (Art. 32(5); cont., 1928, Art. 32(5)).

Thought may be expressed orally, in writing or through the press, subject to legal penalties for injuria [insult], calumnia [calumny], difamación [defamation], ultraje [outrage] and instigación a delinquir [incitement to commit offences].  Propaganda of communism is prohibited. (Art. 32(6); cont., 1928, Art. 32(6)).

Persons may travel without a passport, change domicile subject to legal formalities, leave and return to the Republic, and take and bring their property.  Work and industry are free subject to public order and public morals.  Industrial monopolies are prohibited, subject to the temporary privileges expressly permitted by Art. 32(8). (Art. 32(7–8); cont., 1928, Art. 32(7–8)).

Unarmed public or private assembly is free from coercion by the authorities; association remains subject to statutory restrictions and prohibitions.  Petitions to public officials or official bodies carry a right to timely reply.  Officials who violate their duties may be accused before competent courts.  Freedom of teaching is guaranteed. (Art. 32(9–11, 13); cont., 1928, Art. 32(9–11, 13)).

No person may be imprisoned for debt not arising from an offence or tried by specially created tribunals or commissions instead of their Jueces naturales [legally competent judges] under pre-existing law.  Arrest or detention requires a información sumaria [preliminary evidentiary inquiry] establishing an offence carrying a pena corporal [penalty restricting personal liberty] and a written order stating the reason, unless the person is caught in fraganti [in the act of committing the offence].  The sumario [preliminary criminal investigation] may not extend beyond thirty days after detention. (Art. 32(15)(a–c); cont., 1928, Art. 32(15)(a–c)).

No person may be held incommunicado or compelled to swear or undergo criminal interrogation against themselves, their ascendants, relatives within the fourth degree of consanguinity or second degree of affinity, or their spouse.  Detention must end when a final judicial decision destroys its grounds or sufficient fianza [bail] is furnished in cases where provisional release is permitted by law. (Art. 32(15)(d–f); cont., 1928, Art. 32(15)(d–f)).

Criminal punishment requires personal notification of the charges and a hearing in the legal form.  A pena corporal [penalty restricting personal liberty] cannot exceed twenty years.  penas infamantes [infamous penalties] and perpetual penalties, including those not restricting personal liberty, are prohibited.  No person may be tried twice for the same offence. (Art. 32(15)(g–i); cont., 1928, Art. 32(15)(g–i)).

All are subject to the same laws, equal legal protection throughout national territory, and equal duties, services and contributions; exemptions require legal authorization.  Titles of nobility, hereditary distinctions and offices paying beyond the duration of service cannot be granted.  Official address is limited to ciudadano [citizen] and usted [you, in formal address], except diplomatic formulas. (Art. 32(16); cont., 1928, Art. 32(16)).

Enumeration of rights does not deny other rights belonging to citizens.  Federal laws, state constitutions and laws, and municipal ordinances impairing guaranteed rights are null, as declared by the Corte Federal y de Casación [Federal and Cassation Court].  Persons issuing, signing, executing or ordering rights-violating measures are punishable under the law, subject to the exception for competent official measures in the circumstances of Art. 36. (Arts. 33–35; cont., 1928, Arts. 33–35).

During international war, civil war or imminent danger of either, the Presidente de la República [President of the Republic] in the Consejo de Ministros [Council of Ministers] declares the circumstance and suspends garantías constitucionales [constitutional guarantees] nationally or in the area specified, until peace is restored.  Life remains inviolable and infamous punishments remain prohibited.  confiscación [confiscation] is prohibited except as reciprocal represalias [reprisals] against nationals of an enemy country that has first confiscated Venezuelans’ property. (Art. 36(1–2); cont., 1928, Art. 36(1–2)).

Nationals or foreigners opposing the preservation or restoration of peace may be arrested, subjected to confinamiento [confinement to a specified locality] or expelled.  These measures cease with the circumstances giving rise to them, except that the executive may leave an expulsion of foreigners in force. (Art. 36(3); cont., 1928, Art. 36(3)).

soberanía [sovereignty] resides in the people and is exercised through public powers.  Defined functions limit those powers, and excess constitutes usurpation.  The law regulates nulidad [nullity] for acts exceeding authority; decisions exacted by force or by a public gathering in a subversive attitude are null.  Officials incur individual responsibility for excess of authority or breach of the law governing their office, subject to Art. 102, and remain punishable for other offences. (Arts. 40–44; cont., 1928, Arts. 40–44).

One person cannot hold more than one remunerated public office; acceptance of the second constitutes resignation from the first.  Exceptions cover alternates before replacing a principal and employment in academies, hospitals, incidental courts and educational institutions.  The law regulates the oath taken by national officials upon assuming office. (Arts. 46, 53; cont., 1928, Arts. 46, 53).

REG-MIL—The Military

The Ejército [Army], Armada [Navy] and Aviación Militar [Military Aviation] belong to federal competence.  Estados [States] and Municipalidades [Municipalities] may maintain only police and prison guards, except forces organized on federal orders.  The Ejército [Army] is formed from contingents drawn proportionately to population from the Estados [States], Distrito Federal [Federal District], Territorios Federales [Federal Territories] and Dependencias Federales [Federal Dependencies].  The law regulates milicias ciudadanas [citizen militias] and may establish enganches por contrato [contractual enlistment].  All war matériel in or introduced into the country belongs to the Nation. (Art. 15(8); cont., 1928, Art. 15(8)).

Civil and military authority cannot be exercised simultaneously by one official except the Presidente de la República [President of the Republic], or a civil official given military functions by law during war.  The fuerza armada [armed force] may not deliberate; it is passive and obedient.  Armed bodies may seek requisitions or assistance only through civil authorities in the manner fixed by law.  Troops remain in barracks during elections, and commanders violating these rules are punishable. (Arts. 45, 47; cont., 1928, Arts. 45, 47).

reclutamiento forzoso [compulsory recruitment] is abolished and military service follows the law.  The Cámara del Senado [Senate] consents to promotions from Coronel [Colonel] and Capitán de Navío [Naval Captain], inclusive.  The Congreso [Congress] legislates on formation and replacement of land and sea forces. (Arts. 32(5)(a), 62(3), 78(15); cont., 1928, Arts. 32(5)(a), 62(3), 78(15)).

For the current constitutional period, the Congreso [Congress] elects a Comandante en Jefe del Ejército Nacional [Commander-in-Chief of the National Army], who commands the Ejército [Army], Aviación [Aviation] and Marina [Navy] and fixes the numbers of land and sea forces.  The separate military-command power formerly numbered 23 is not present in Art. 100; its remaining powers from suspension of guarantees onward are numbered 23–29. (Arts. 100, 128; cf. 1928, Art. 100(23):  “To direct war and command the Ejército [Army] and Armada [Navy] personally, or appoint whoever is to do so”).

The Presidente de la República [President of the Republic] exercises Art. 100(1, 4, 17, 18, 23, 25, 27) in agreement with the Comandante en Jefe del Ejército Nacional [Commander-in-Chief of the National Army].  Both offices are elected immediately after enactment for 1929–1936 and take their oaths before the Congreso [Congress]. (Arts. 128–129; new).

Art. 128 names powers 1, 4, 17, 18, 23, 25 and 27 of “Article 100 of the Constitution”.  Art. 128 separately assigns military command to the Comandante en Jefe del Ejército Nacional [Commander-in-Chief of the National Army]. (Art. 128; new).

In Art. 100 of 1929, powers 23, 25 and 27 concern suspension of guarantees and the stated wartime measures, force in armed conflict between Estados [States], and indultos [pardons], respectively. (Art. 100(23, 25, 27); cont., 1928, Art. 100(24, 26, 28)).Art. 100: powers 23, 25 and 27 in the two recensionsPower1928, Art. 1001929, Art. 10023cf. 1928, Art. 100(23):  “To direct war and command the Ejército [Army] and Armada [Navy] personally, or appoint whoever is to do so […]”“To decree the suspension of guarantees in the cases provided in Article 36 […]”25cf. 1928, Art. 100(25):  “To undertake an official visit, together with all or some of the Ministros del Despacho [Cabinet Ministers], to specified Estados [States] of the Union and Territorios Federales [Federal Territories]. […]”“To use the fuerza pública [public force] to end an armed conflict between two or more Estados [States] when the intervention of his good offices has been ineffective.”27cf. 1928, Art. 100(27):  “To exercise, with respect to the Estados [States], the functions they delegate to him in their respective Constitutions.”“To grant indultos [pardons].”

REG-REL—Religion

Religious liberty is guaranteed under the supreme inspection of all forms of worship by the Ejecutivo Federal [Federal Executive] in accordance with law, preserving Patronato Eclesiástico [Ecclesiastical Patronage].  The Nation exercises that right under the Law of 28 July 1824.  The Presidente de la República [President of the Republic] must possess estado seglar [lay status]. (Arts. 32(14), 52, 95; cont., 1928, Arts. 32(14), 52, 95).

ECO-INF—Infrastructure

Federal legislation governs civil, commercial, criminal and procedural matters; banks and credit institutions; social provision; Sanidad [Public Health]; conservation and development of forests, waters and other natural resources; labour; marcas de fábrica [trademarks]; literary, artistic and industrial property; public registration; expropiación por causa de utilidad pública [expropriation for public utility]; immigration; naturalización [naturalization]; admission and expulsion of foreigners; and regulation of constitutional guarantees. (Art. 15(4); cont., 1928, Art. 15(4)).

The federal authorities legislate on Instrucción Pública [Public Instruction].  Elementary primary instruction is compulsory and instruction in official institutions is free.  National census and statistical work requires state and municipal cooperation; population-based acts use the latest census approved by the Congreso [Congress].  Art. 15(10) expressly includes the Nation, Estados [States], Distrito Federal [Federal District] and Territorios Federales [Federal Territories]. (Art. 15(9–10); cont., 1928, Art. 15(9–10)).

Air, maritime and river navigation, docks and landing works are federal matters.  Navigation of rivers and other navigable waters requiring no special works cannot be restricted by taxes or privileges.  Correos [Postal Services], Telégrafos [Telegraphs], Teléfonos [Telephones] and wireless communications likewise belong to federal competence. (Art. 15(13, 15); cont., 1928, Art. 15(13, 15)).

National roads are those passing through a Estado [State], the Distrito Federal [Federal District] or a Territorio Federal [Federal Territory] and extending beyond its boundaries.  Federal competence also covers aerial haulage cables and railways even within one Estado [State].  Urban tramways and urban haulage cables are conceded and regulated by the respective Municipalidades [Municipalities]. (Art. 15(16); cont., 1928, Art. 15(16)).

Federal competence extends to necessary public works throughout national territory without restricting the right of Estados [States] and Municipalidades [Municipalities] to undertake works on their own account.  Federal administrative works within Estados [States] may include forts, docks, warehouses, shipyards, penitentiaries and estaciones de cuarentenas [quarantine stations]. (Arts. 15(19), 21; cont., 1928, Arts. 15(19), 21).

Statutory privilegios temporales [temporary exclusive privileges] may protect intellectual property, patentes de invención [patents of invention] and marcas de fábrica [trademarks], and may authorize railways, aerial navigation enterprises, canals, tramways, telephone or telegraph lines and wireless systems for a limited period.  The works must be constructed or installed at the concessionaire’s expense, without guaranteed returns or subsidies from the Nation or Estados [States]. (Art. 32(8); cont., 1928, Art. 32(8)).

Public-interest contracts cannot be transferred, wholly or partly, to foreign governments.  They incorporate a clause assigning unresolved disputes to competent Venezuelan courts under Venezuelan law and excluding foreign claims.  Such contracts cannot be concluded with, or transferred to, companies not legally domiciled in Venezuela. (Art. 50; cont., 1928, Art. 50).

CON-FIN—Final Provisions

The Congreso [Congress] elects the Comandante en Jefe del Ejército Nacional [Commander-in-Chief of the National Army] for the current constitutional period, with military command and the agreement requirement specified in Art. 128.  The elections of the Presidente de la República [President of the Republic] and that commander for 1929–1936 take place as soon as the Constitution is enacted, and both take their oaths before the Congreso [Congress]. (Arts. 128–129; new).

Current officials in the other branches of the Poder Federal [Federal Power] continue until the end of the terms for which they were elected. (Art. 130; cf. 1928, Art. 128:  “as soon as this Constitution enters into force, the Congreso [Congress] shall elect the seven principal Vocales [Members of the Court] and seven Suplentes [Alternates] who are to compose it”).

Existing state constitutions continue until the respective Estados [States] repeal them. (Art. 131; cont., 1928, Art. 129).

After scrutiny establishes ratification by the state Asambleas Legislativas [Legislative Assemblies], promulgation takes place with the Ejecútese [Let it be executed] of the Encargado del Poder Ejecutivo [Acting Head of the Executive Power].  The Constitution takes effect on the day of publication in the Gaceta Oficial de los Estados Unidos de Venezuela [Official Gazette of the United States of Venezuela]. (Art. 132; cf. 1928, Art. 130:  “with the Ejecútese [Let it be executed] of the Presidente de la República [President of the Republic]”).

The 1928 Constitution is repealed.  Art. 133 dates both its adoption and publication to 23 May 1928.  The 1929 agreement, constitutional closing and execution formula all bear 29 May 1929; the execution formula is signed J. B. Pérez. (Art. 133; prefatory agreement, closing and execution formulas).

The date printed for adoption in Art. 133 differs from the closing date of 22 May in the CIDEP 1928 recension.  Both printed dates are recorded in this edition.

Recension

Centro para la Integración y el Derecho Público [Centre for Integration and Public Law] (CIDEP).


“Unmasking Disappointment: Series XIII”

August 24, 2026

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“Geometric Allegory” digital painting 2023 by Ricardo Morin (American visual artist born in Venezuela–1954)

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Scope and Use

This entry forms part of the constitutional corpus presented in the Appendix, comprising the twenty-five constitutions of Venezuela and organized for consultation rather than sequential reading.   Comparison proceeds by means of permanent rubric codes whose identities remain constant across the corpus; absent rubrics signify constitutional silence, while retired rubrics are not reassigned.   Citations are anchored first on the article number and follow the CIDEP recension linked at the close of the entry.   The full corpus definition, methodology, and citation convention are set forth in the Scope and Use note heading the 19th-Century Constitutions, which opens in the installment of “Unmasking Disappointment: Series XI”.

Translation Convention

Institutional and technical names are given first in italicized Latinate Castilian and followed by their contemporary Latinate English equivalents in brackets.  All constitutional quotations appear in italic type between quotation marks and are rendered in contemporary Latinate English, faithfully preserving the substance and distinctions of the original charters.  Comparative references are restricted to 1858 against 1857 and 1864 against 1858.  The apparatus retains the classifications cont., cf., and new.

Ricardo F. Morín

August 23, 2026

Bala Cynwyd, Pennsylvania


* *

5). The Constitution of 1858

The Constitution of 1858 (Constitución política del Estado de Venezuela [Political Constitution of the State of Venezuela]) was sanctioned by the Convención Nacional [National Convention] at Valencia on December 24, 1858, and promulgated on December 31, 1858, by the Jefe provisional del Estado [Provisional Chief of State], Julián Castro, following the March Revolution.

DOC-PRE—Preámbulo [Preamble]

(modern Latinate English translation by the author from the CIDEP recension)

“Constitution of the Republic of Venezuela under the auspices of the Supreme Legislator of the Universe.  We, the Deputies of the Provinces of Venezuela, assembled in National Convention for the purpose of forming the most perfect union, establishing justice, securing domestic tranquility, providing for the common defense, promoting the general happiness, and securing the precious gift of liberty for ourselves and our descendants, ordain and establish the present Constitution.”

FND-TER—Territorio [Territory]

The Constitution of 1858 declared the Nación venezolana [Venezuelan Nation] forever and irrevocably free and independent of every foreign power and provided that it was not and would never become the patrimony of any family or person (Title I, Art. 1; cont. 1857, Title I, Art. 1).

La Soberanía [Sovereignty] was vested essentially in the Nation (Art. 2; cf. 1857, Title I, Art. 2:  “Sovereignty resides in the Nation, and the Powers established by this Constitution are delegations from it for the purpose of securing order, liberty, and every right.”).

The territorio de la República [territory of the Republic] comprised all that, before the political transformation of 1810, had been denominated the Capitanía General de Venezuela [Captaincy General of Venezuela], with all its rights and appurtenances, and was divided into Provincias [Provinces], Cantones [Cantons], and Parroquias [Parishes] (Art. 3; cf. 1857, Title I, Art. 3:  “The territory of Venezuela comprises all that, before the political transformation of 1810, was denominated the Captaincy General of Venezuela and, for its better administration, shall be divided into provinces, cantons, and parishes.”).

Depopulated territories designated for colonies, together with territories occupied by Indigenous tribes, could not be separated from the provinces to which they belonged by the congresos constitucionales [constitutional congresses] and governed by special laws (Art. 4; new; cf. 1857: no corresponding provision).

No part of the national territory could pass by alienation into the dominion of another power, except through arrangements indispensable for determining the boundaries of the Republic with neighboring nations, provided that no community thereby lost its nationality (Art. 5; new; cf. 1857, Title IX, Art. 38, no. 6:  “To decree the alienation, exchange, or acquisition of territory.”).

POW-LEG—Congreso [Congress]

The Constitution of 1858 vested the Poder Legislativo [Legislative Power] in a Congreso [Congress] composed of a Cámara de Diputados [Chamber of Deputies] and a Cámara del Senado [Chamber of the Senate] (Title VI, Art. 30; cont. 1857, Title V, Art. 16).

Congress assembled annually in the capital of the Republic on January 20 without need of convocation, and its sessions continued for ninety days (Art. 31; cf. 1857, Title V, Arts. 17, 19:  “Congress shall assemble annually in the capital of the Republic on February 1, or on the earliest possible date thereafter, although it has not been convoked.”  “The regular sessions shall continue for ninety days and may be extended for as many as thirty additional days when Congress considers it necessary.”).

A quorum of two-thirds of the members of each Cámara [Chamber] remained necessary to open the sessions, while their continuation required the attendance of one-half plus one of the total membership of each Chamber (Arts. 32–33; cf. 1857, Title VIII, Arts. 29–30).

The Chambers installed themselves, opened and closed their sessions on the same day, and resided in the same locality.  A transfer to another place or a suspension exceeding two days was determined by the absolute majority of Congress in joint session (Art. 34; cf. 1857, Title VIII, Art. 31).

Each Chamber adopted its own reglamento [rules], maintained order within its place of assembly, imposed the prescribed disciplinary measures, and issued its internal resolutions without the sanction of the President or the concurrence of the other Chamber (Arts. 35–37; cont. 1857, Title VIII, Art. 32).

The Chambers assembled in Congress when required by the Constitution or the law, or whenever they considered it necessary.  The Presidente del Senado [President of the Senate] presided, and the Presidente de la Cámara de Diputados [President of the Chamber of Deputies] served as Vice-President (Art. 38; cont. 1857, Title VIII, Art. 33).

The sessions were public but could be declared secret by the respective Chamber (Art. 39; cont. 1857, Title V, Art. 18).

The Senadores y Diputados [Senators and Deputies] possessed that character by the Nation and not by the Province that appointed them (Art. 40; cf. 1857, Title VIII, Art. 35:  “The Senators and Deputies possess that character by the Nation and shall receive neither orders nor instructions from the electoral Assemblies or from any other corporation.”).

The President and Vice-President of the Republic, the Secretarios del Despacho [Secretaries of the Cabinet], the Ministers of the Supreme and Superior Courts, the Governors, and military officers in active service were ineligible for election as Senators or Deputies (Art. 41; new; cf. 1857: no corresponding provision).

The exercise of any other public function was incompatible with the office of Senator or Deputy during the sessions (Art. 42; cf. 1857, Title VIII, Art. 37).

Senators and Deputies enjoyed inmunidad [immunity] in their persons and property while attending the sessions and while traveling to and returning from Congress.  They could not consequently be sued or subjected to civil execution, arrested, or detained except for an offence punishable by death; in other cases involving a corporal or infamous penalty, the judge transmitted the preliminary record to the respective Chamber so that it could suspend the accused and place him at the disposition of the competent judge (Art. 43; cf. 1857, Title VIII, Art. 34).

Senators and Deputies incurred no responsibility for the opinions or speeches expressed in the Chambers (Art. 44; cont. 1857, Title VIII, Art. 36).

Senators and Deputies could accept appointments as Secretaries of the Cabinet, diplomatic agents, or military commanders in time of war, but acceptance vacated their legislative office (Art. 45; cf. 1857, Title VIII, Art. 37).

The offices of Senator and Deputy were freely accepted; once accepted, a resignation required admission by the respective Chamber (Art. 46; cf. 1857, Title VIII, Art. 32, no. 2).

Senators and Deputies received the indemnización [compensation] fixed by law for the days of the sessions and viático [travel allowance] for their journey to Congress and return to their homes (Art. 47; new; cf. 1857: no corresponding provision).

Each Chamber judged the qualifications of its own members and heard their resignations (Art. 48; cont. 1857, Title VIII, Art. 32).

The Senado [Senate] consisted of two Senators from each Province, elected by the Legislaturas provinciales [provincial Legislatures] by an absolute majority of votes; the suplentes [alternates] were elected in the same manner (Title VII, Art. 49; cf. 1857, Title VII, Art. 25; Title VIII, Art. 35, sole paragraph).

Deputies serving in a provincial Legislature could not be appointed principal or alternate Senators for the Province in whose Legislature they served (Art. 50; new; cf. 1857: no corresponding provision).

Senators served for four years and were renewed by halves every two years (Art. 51; cf. 1857, Title VII, Art. 27:  “The Senators shall serve in their offices for six years, with renewal conducted in the manner prescribed by Article 23 for the Deputies.”).

Eligibility for the Senate required citizenship in the exercise of its rights, thirty years of age, birth or domicile in the electing Province, and the real property, professional or industrial income, or salary prescribed by the Constitution (Art. 52; cf. 1857, Title VII, Art. 26).

The Senate perfected the election and heard the resignations of the members of the Supreme Court, consented or refused consent to the military promotions specified by the Constitution, and conducted and adjudicated proceedings instituted in the Chamber of Deputies (Art. 53; cf. 1857, Title VII, Art. 28).

When adjudicating constitutional causes, the Senate incorporated the Supreme Court of Justice with a deliberative vote; conviction required two-thirds of all persons charged with rendering the final judgment, and the governing procedure was determined by law (Arts. 54–56; cf. 1857, Title VII, Art. 28).

When a cause against the President or Vice-President remained unresolved at the end of the sessions, the Senate continued assembled solely for its determination (Art. 57; cf. 1857, Title VII, Art. 28).

The Cámara de Diputados [Chamber of Deputies] consisted of representatives elected by direct and secret vote of the citizens of the Provinces, at the proportion of one Deputy for every twenty-five thousand inhabitants and another for an excess greater than fifteen thousand, with every Province assured at least one Deputy (Title VIII, Art. 58; cf. 1857, Title VI, Art. 21:  “The Chamber of Deputies shall be composed of members elected by the peoples in the proportion of one for every twenty-five thousand inhabitants and one more for a remainder not below fifteen thousand.  A province that does not contain twenty-five thousand inhabitants shall nevertheless appoint one Deputy.”).

Eligibility for the Chamber of Deputies required citizenship in the exercise of its rights and twenty-five years of age (Art. 59; cf. 1857, Title VI, Art. 22).

Deputies served for four years and were renewed by halves every two years (Art. 60; cf. 1857, Title VI, Art. 23:  “The Deputies shall serve in their offices for six years and shall be renewed by halves every three years.”).

The Chamber of Deputies exercised the powers prescribed by Articles 61 through 63, including examination of the annual account and the hearing of accusations in the cases determined by the Constitution (Arts. 61–63; cont. 1857, Title VI, Art. 24).

Congress exercised the powers enumerated in Article 64 (Title IX, Art. 64; cont. 1857, Title IX, Art. 38).

Congress could neither delegate its constitutional powers nor apply national funds to provincial or municipal expenditures or provincial or municipal revenues to national expenditures (Art. 65, nos. 2–3; cf. 1857, Title IX, Art. 39; Title XX, Art. 114).

Bills and legislative decrees could originate in either Chamber, except measures establishing taxes and the annual budget, which necessarily originated in the Chamber of Deputies.  Every project received three readings in each Chamber, required approval by both, was subject to presidential sanction or objection, entered into force after promulgation, and could be repealed only through the same constitutional formalities (Title X, Arts. 66–78; cont. 1857, Title X, Arts. 40–51).

The requirement that the annual budget originate in the Chamber of Deputies was newly stated (Art. 66; new; cf. 1857: no corresponding provision).

ECO-HAC—Hacienda [Public Finance]

The Constitution of 1858 entrusted Congreso [Congress] with the power to contract debts upon the credit of the State; establish general taxes, duties, and contributions; supervise the application of public revenues and require an account of them from the Executive Power; and decree annual public expenditures in view of the budgets of revenue and expenditure presented by the Secretarios del Despacho [Secretaries of the Cabinet] (Title IX, Art. 64, nos. 2, 12, 14; cf. 1857, Title IX, Art. 38, nos. 2, 3, 9:  “To contract debts upon the credit of the State.”  “To establish general taxes and contributions, supervise the application of public revenues, and require an account of them from the Executive Power.”  “To decree public expenditures in view of the budgets of revenue and expenditure presented by the Executive Power, together with an extraordinary sum for unforeseen expenditures.”).

The Constitution provided that the funds of the Tesoro Nacional [National Treasury] could not be applied to provincial or municipal expenditures, nor provincial or municipal revenues to national expenditures (Art. 65, no. 2; new; cf. 1857: no corresponding provision).

No sum could be withdrawn from the tesoro público [Public Treasury] except for purposes determined by law and in conformity with the published budgets (Title XXII, Art. 152; cf. 1857, Title XX, Art. 114:  “No sum shall be withdrawn from the Public Treasury unless it is included in the general budget for the fiscal year in which the expenditure is made.”).

Las rentas municipales [municipal revenues] could not be burdened by national taxes (Art. 153; new; cf. 1857: no corresponding provision).

The Presidente de la República [President of the Republic] was charged with ensuring that the collection and application of national revenues conformed to the law (Title XI, Art. 94, no. 17; cf. 1857, Title XI, Art. 53, no. 14:  “To supervise the exact administration and application of public revenues.”).

POW-EXE—Ejecutivo [Executive]

The Constitution of 1858 vested the Poder Ejecutivo [Executive Power] in a Presidente de la República [President of the Republic] (Title XI, Art. 79; cf. 1857, Title XI, Art. 52:  “The Executive Power shall be entrusted to a Magistrate denominated President of the Republic.”).

The Constitution established the offices of Vicepresidente [Vice-President] and Designado [Designate], elected in the manner prescribed by the Constitution (Art. 80; cf. 1857, Title XII, Arts. 58–64).

The President and Vice-President were elected by direct and secret vote of citizens in the exercise of their political rights (Art. 81; cf. 1857, Title XII, Art. 59:  “The President and Vice-President of the Republic shall be appointed by the provincial Assemblies composed of the electors chosen by the cantons.”).

Eligibility for the Presidency required Venezuelan nationality by birth and citizenship in the exercise of its rights (Art. 82; cf. 1857, Title XII, Art. 58, which additionally required the qualifications prescribed for a Senator).

A constitutional election required one candidate to receive an absolute majority of all votes cast.  If no candidate received that majority, Congreso [Congress] confined the election to the three candidates who had received the greatest number of votes (Art. 83; cf. 1857, Title XII, Art. 59).

Congress elected among those candidates through the successive ballots prescribed by the Constitution.  Election initially required two-thirds of the votes of the members present and, after the prescribed ballots, an absolute majority was sufficient (Art. 84; cf. 1857, Title XII, Art. 59).

The presidential election was conducted in sesión permanente [permanent session], and no member who had voted in the first ballot could withdraw without permission from Congress (Art. 85; new; cf. 1857, Title XII, Art. 59).

The President served for four years and could not be reelected until at least one constitutional period had elapsed (Art. 86; cf. 1857, Title XII, Art. 60:  “The President and Vice-President of the Republic shall serve in their functions for six years, counted from February 1 of the year in which the election has been perfected.”).

The qualifications, manner of election, and duration prescribed for the President also governed the Vice-President (Art. 87; cf. 1857, Title XII, Arts. 58–60).

Persons related to the incumbent President or Vice-President within the degrees specified by the Constitution were ineligible for election to either office (Art. 88; new; cf. 1857: no corresponding provision).

The elections of the President and Vice-President were conducted two years apart; consequently, the first Vice-President elected under the Constitution served only two years (Art. 89; new; cf. 1857: no corresponding provision).

The President ceased exercising his functions on January 20 of the year in which the constitutional period terminated, and the Vice-President assumed the Executive Power until Congress installed the President-elect (Art. 90; cf. 1857, Title XII, Art. 61).

The President could not exercise the Executive Power outside the capital except when occupation by hostile forces or another grave event rendered his presence there impossible (Art. 91; new; cf. 1857: no corresponding provision).

Upon the death, resignation, removal, or incapacity of the President, the Vice-President exercised the Executive Power until the conclusion of the constitutional period (Art. 92; cf. 1857, Title XII, Arts. 63–64).

If the Vice-President exercising the Executive Power also became unavailable, the Designate replaced him until the election of a President and Vice-President.  Those elections were ordered immediately whenever at least one year remained in the constitutional period (Art. 93; cf. 1857, Title XII, Art. 64).

The President exercised the powers enumerated in Article 94, including preservation of domestic order and external security; execution of the laws and decrees of Congress; convocation of Congress; supreme command of the naval and terrestrial forces; conduct of foreign relations; appointment and removal of the Secretaries of the Cabinet and other officers; supervision of national revenues; commutation of capital punishment under the conditions prescribed by the Constitution; and the other functions assigned by the Constitution and the laws (Art. 94; cf. 1857, Title XI, Art. 53).

In cases of armed domestic commotion threatening the security of the Republic or sudden foreign invasion, Congress could confer the facultades extraordinarias [extraordinary powers] enumerated by Article 95: calling into service the portion of the Milicia Nacional [National Militia] that Congress considered necessary; demanding contributions in advance or negotiating loans when ordinary revenues were insufficient; requiring a passport for travel through or departure from the Republic; and granting general or individual pardons to persons implicated in political offences (Art. 95; cf. 1857, Title XI, Art. 54).

When Congress was not assembled, the President convoked a Consejo extraordinario [Extraordinary Council] composed of the Corte Suprema de Justicia [Supreme Court of Justice], the Vice-President, and the Secretary who presented the request, under the presidency of the President of the Supreme Court.  The Council could confer, by two-thirds of its votes, the powers specified in Article 95 (Art. 96; cf. 1857, Title XI, Art. 54, which assigned authorization during the recess to the Council of Government; Title XIV, Arts. 71–77, which regulated its composition and operation).

The powers enumerated by Article 95 could not be conferred for more than ninety days (Art. 97; cf. 1857, Title XI, Art. 54).

The Executive Power reported to Congress at its next meeting upon every act performed under those extraordinary powers (Art. 98; cf. 1857, Title XI, Art. 55).

The President could not leave the territory of the Republic during the constitutional period or for one year thereafter and could not command the naval or terrestrial forces in person (Art. 99; cf. 1857, Title XI, Art. 53, no. 15:  “To exercise supreme command of the naval and terrestrial forces and direct them in person when necessary for the defense of the Republic, with the prior concurrence of Congress or, during its recess, of the Council of Government.”).

The dispatch of matters corresponding to the Executive Power was entrusted to the number of Secretarios del Despacho [Secretaries of the Cabinet] determined by law (Title XII, Art. 100; cf. 1857, Title XIII, Art. 65, which fixed their number at four).

Eligibility as a Secretary required the same qualifications prescribed for a Deputy (Art. 101; cont. 1857, Title XIII, Art. 66).

Every presidential act, except the appointment and removal of the Secretaries, required the countersignature of the Secretary of the corresponding department and could not be obeyed without it (Art. 102; cf. 1857, Title XIII, Art. 67).

A verbal or written presidential order did not extinguish a Secretary’s responsibility (Art. 103; cont. 1857, Title XIII, Art. 68).

The Secretaries reported annually to the Chambers within fifteen days after their installation upon the condition of their respective departments (Art. 104; cont. 1857, Title XIII, Art. 69).

The Secretaries could attend the sessions of the Chambers with a right to speak but without a vote and were required to appear when called to provide information (Art. 105; cont. 1857, Title XIII, Art. 70).

POW-JUD—Poder Judicial [Judiciary]

The Constitution of 1858 vested the Poder Judicial [Judicial Power] in a Corte Suprema [Supreme Court], Cortes Superiores [Superior Courts], and the other tribunals and courts established by law (Title XIII, Art. 106; cf. 1857, Title XV, Art. 78:  “The Judicial Power is exercised by the Supreme Court of Justice, the Superior Courts, and the other tribunals and courts determined by law.”).

Criminal justice was to be administered by jurados [juries] whenever the constitutional congresses so provided (Art. 107; new; cf. 1857: no corresponding provision).

The Supreme Court was composed of no fewer than five Ministros [Ministers] (Title XIV, Art. 108; cf. 1857, Title XV, Art. 79:  “The Supreme Court of Justice shall be composed of one Presiding Minister-Judge, four Minister-Judges with the special denominations and powers assigned by law, and one Fiscal Minister.”).

Eligibility as a Minister of the Supreme Court required citizenship in the exercise of its rights, forty years of age, and either six years of service as a Magistrado de Corte Superior [Magistrate of a Superior Court] or twelve years of practice as an attorney in the Republic (Art. 109; cf. 1857, Title XV, Art. 80:  “To be a member of the Supreme Court, it is necessary: 1. To be Venezuelan by birth. 2. To have attained forty years of age. 3. To have served as a Magistrate of a Superior Court or practiced the profession of law for ten years.”).

The Ministers of the Supreme Court were elected through the nominations of the Legislaturas provinciales [provincial Legislatures] and the procedure prescribed by Articles 110 through 112 (Arts. 110–112; cf. 1857, Title XV, Art. 81:  “The members of the Supreme Court shall be proposed in lists of three to the Executive Power by Congress in joint session.”).

The Supreme Court joined the Senate in causes against the President, the Vice-President or Designate exercising the Executive Power, the Secretaries of the Cabinet, and Ministers of the Court; decreed suspension and heard ordinary criminal causes against the Vice-President when not exercising the Executive Power, the Secretaries, and its own Ministers; heard contentious matters concerning diplomatic officers, responsibility proceedings against diplomatic and consular agents and Governors, controversies arising from executive contracts or negotiations, and questions submitted by tribunals concerning the interpretation of statutes; declared the nullity of provincial legislative acts contrary to the Constitution; perfected the election of Ministers of the Superior Courts; reported to Congress upon improvements in the administration of justice; decided controversies between Provinces or between Provinces and the National Government; and exercised the other powers assigned by law (Art. 113; cf. 1857, Title XV, Art. 82:  “The Judicial Power exclusively possesses the faculty of adjudicating and applying the laws in civil and criminal matters; the Supreme Court is additionally charged, together with the powers conferred by law, with resolving judicial questions submitted to it by the Executive Power or by any other public authority or officer and reporting them to Congress at its next meeting.”).

The Ministers of the Supreme Court could not accept an office conferred by the Executive Power while serving on the Court (Art. 114; new; cf. 1857: no corresponding provision).

The Superior Courts consisted of no fewer than three Ministers (Title XV, Art. 115; new; cf. 1857: no corresponding provision).

Eligibility as a Minister of a Superior Court required Venezuelan nationality in the exercise of citizenship, thirty years of age, admission to the legal profession without suspension, and either four years of service as a judge, assessor, or auditor, or six years of legal practice (Art. 116; cf. 1857, Title XV, Art. 82, which entrusted the determination of judicial qualifications to the law).

The law organized the Superior Courts and the other tribunals and courts and determined their powers and the manner in which those powers were exercised (Art. 117; cont. 1857, Title XV, Art. 82).

Judges and Magistrates could not be suspended except by a decree declaring that proceedings should be instituted, nor removed except by a final judgment (Art. 118; cont. 1857, Title XV, Art. 84).

The Ministers of the Supreme and Superior Courts served for four years, were renewed by halves every two years, and could be reelected (Art. 119; cf. 1857, Title XV, Art. 79, which prescribed a six-year term and permitted reelection for the Supreme Court).

The office of Minister of the Supreme or Superior Courts was incompatible with the exercise of any profession or public office (Art. 120; new; cf. 1857: no corresponding provision).

Judicial decisions stated the grounds upon which they were founded (Art. 121; new; cf. 1857: no corresponding provision).

POW-SUB—Gobierno Subnacional [Subnational Government]

The Constitution of 1858 divided the Poder público [Public Power] into Poder Nacional [National Power] and Poder Municipal [Municipal Power] and distributed the National Power among the Legislative, Executive, and Judicial branches (Title III, Arts. 9–10; cf. 1857, Title II, Art. 6:  “For purposes of administration, the Public Power is divided into Legislative, Executive, Judicial, and Municipal Powers.  Each of these Powers shall exercise the functions assigned to it by the Constitution and the laws without exceeding its limits.”).

Municipal authority was exercised by the Legislaturas provinciales [provincial Legislatures] and Gobernadores [Governors], the Concejos y Jefes cantonales [Cantonal Councils and Chiefs], and the other officers and corporations established by provincial law (Title XVII, Art. 122; cf. 1857, Title XVI, Arts. 85–87).

A Legislatura provincial [provincial Legislature] was established in each Province, composed of three Deputies appointed by each Canton; a Province containing fewer than four Cantons nevertheless appointed twelve Deputies, distributed equally among them (Title XVIII, Art. 123; new; cf. 1857: no corresponding provision).

The Diputados a las Legislaturas provinciales [Deputies to the provincial Legislatures] were elected every two years by direct and secret vote of the citizens of each Canton, and persons not domiciled in the Canton remained eligible.  The suplentes [alternates] were elected in the same manner and proportion as the principal Deputies (Arts. 124–125; new; cf. 1857: no corresponding provision).

The provincial Legislatures could neither be installed nor continue their sessions with fewer than two-thirds of their total membership.  They assembled annually in the provincial capital on October 1, and each regular session continued for forty days (Arts. 126–127; new; cf. 1857: no corresponding provision).

The provincial Legislatures elected the Ministers of the Supreme Court, the Ministers of the Superior Court of their respective judicial district, and the principal and alternate Senators of the Province; organized the Cantons and Parishes; regulated appointments and instruction within the National Militia subject to national law; promoted immigration; created and suppressed Cantons and Parishes and determined their boundaries; established provincial taxes; enacted laws concerning urban, rural, and correctional police; promoted instruction, science, the arts, practical industrial education, means of communication, hospitals, charitable institutions, and internal improvements; and legislated upon every matter not reserved to the National Power (Art. 128; cf. 1857, Title XVI, Arts. 85–87; Title XVII, Arts. 88–89).

The provincial Legislatures could not impose contributions upon foreign import or export commerce, impair privileges granted by Congress or the Executive Power in conformity with the law, impose duties upon exclusively national corporations or officers, tax national property, or subject the residents or property of another Province to burdens different from those imposed upon their own residents and property (Art. 129; new; cf. 1857: no corresponding provision).

A Governor could object within five days to a decree or resolution of the provincial Legislature, which took effect notwithstanding the objection when the Legislature insisted upon it by an absolute majority.  Provincial Deputies incurred no responsibility for their speeches or opinions and enjoyed immunity to the same extent as members of Congress (Arts. 130–132; new; cf. 1857: no corresponding provision).

The executive authority of each Province was exercised by a Gobernador [Governor] (Title XIX, Art. 133; cf. 1857, Title XVII, Art. 88:  “The political administration of each province shall be entrusted to a Governor dependent upon and freely appointed by the Executive Power.”).

The superior political and administrative government and the order and security of the Province were entrusted to the Governor, to whom all employees belonging to the Province were subordinated (Art. 134; cf. 1857, Title XVII, Arts. 88–89).

Governors were agentes del Poder Nacional [agents of the National Power] and, in that capacity, executed the Constitution and laws of the Republic and the lawful orders of the Executive Power in matters within their competence (Art. 135; cf. 1857, Title XVII, Arts. 88–89).

Eligibility as a Governor required citizenship in the exercise of its rights, and Governors served for four years (Art. 136; new; cf. 1857: no corresponding provision).

Governors were elected by the absolute majority of the citizens voting in the Province through direct and secret ballot.  When no candidate obtained that majority, the provincial Legislature perfected the election in the same manner in which Congress perfected the presidential election (Art. 137; cf. 1857, Title XVII, Art. 88:  “The political administration of each province shall be entrusted to a Governor dependent upon and freely appointed by the Executive Power.”).

Governors could not be reelected for the immediately succeeding period (Art. 138; new; cf. 1857: no corresponding provision).

Governors convoked the provincial Legislatures extraordinarily, executed or objected to their decrees and resolutions, and exercised the other powers conferred by national or provincial law (Art. 139; cf. 1857, Title XVII, Arts. 88–89).

Temporary and absolute vacancies in the governorship were supplied by the person designated by provincial law, and the compensation of Governors was paid from provincial revenues (Arts. 140–141; new; cf. 1857: no corresponding provision).

CON-AMD—Reforma de la Constitución [Constitutional Amendment]

Any number of members could propose the amendment of one or more constitutional articles in either Chamber (Title XXIV, Art. 163; cf. 1857, Title XXII, Art. 128:  “Either Chamber may initiate constitutional amendment, but each Chamber shall declare the necessity of amendment by two-thirds of the members present.”).

Before a proposed amendment could be debated, each Chamber had to declare its necessity by the vote of two-thirds of the members present (Art. 163; cont. 1857, Title XXII, Art. 128).

Once the necessity of amendment had been declared, the Chamber in which the proposal originated drafted the corresponding project.  The project was published in the interim and debated with the same formalities as a statute by the succeeding Legislature (Art. 163; cf. 1857, Title XXII, Art. 129:  “Once both Chambers have declared the necessity of amendment, the Chamber in which it originated shall draft the corresponding project so that it may be debated and sanctioned in the same manner as statutes by the succeeding Legislature and, in the interim, published by the press.”).

The forma de Gobierno republicana, popular representativa, responsable y alternativa [republican, popular representative, responsible, and alternative form of government] could not be altered through constitutional amendment (Art. 164; cont. 1857, Title XXII, Art. 130).

CIV-SUF—Sufragio [Suffrage]

The Constitution of 1858 declared that ciudadanos [citizens] possessed the right to elect persons for the exercise of the poderes públicos [public powers] (Title IV, Art. 11; cf. 1857, Title IV, Art. 11:  “All Venezuelans enjoying the rights of citizenship may elect and be elected to public office, provided that they possess the qualifications required by the Constitution and the laws.”).

Citizenship belonged to Venezuelans over twenty years of age and to those who, without having attained that age, were or had been married (Art. 11; cf. 1857, Title IV, Art. 12:  “To enjoy the rights of citizenship, it is necessary: 1. To be Venezuelan. 2. To be married or over eighteen years of age. 3. To know how to read and write; this condition, however, shall not become obligatory until 1880.”).

The derechos de ciudadano [rights of citizenship] were suspended by mental incapacity, a final sentence imposing corporal punishment for the duration of that punishment, or judicial interdiction (Art. 12; cf. 1857, Title IV, Art. 13).

The Diputados [Deputies], President, Vice-President, Governors, and members of the provincial Legislatures were elected through direct and secret voting in the manner prescribed by the Constitution (Arts. 58, 81, 124, 137; cf. 1857, Title VI, Art. 21; Title XII, Art. 59; Title XVII, Art. 88).

The Senadores [Senators] and Ministers of the Supreme Court were elected by the provincial Legislatures (Arts. 49, 110; cf. 1857, Title VII, Art. 25; Title XV, Art. 81).

CIV-CIT—Ciudadanía [Citizenship]

The Constitution of 1858 continued to distinguish nacionalidad [nationality] from ciudadanía [citizenship] (Titles II–IV; cont. 1857, Titles III–IV).

The following were venezolanos por nacimiento [Venezuelans by birth]: all persons born in the territory of Venezuela; children of a Venezuelan father or mother born in the territory of Colombia; and children of Venezuelan parents born in any foreign country (Title II, Art. 6, no. 1; cf. 1857, Title III, Arts. 7–8).

Persons born in the other Spanish-American republics were venezolanos por adopción [Venezuelans by adoption] upon proving their origin and manifesting before the authority determined by law their will to become Venezuelan (Art. 6, no. 2; new; cf. 1857, Title III, Art. 9).

Foreigners already naturalized and those obtaining a carta de naturaleza [certificate of naturalization] in conformity with the law were venezolanos por naturalización [Venezuelans by naturalization] (Art. 6, no. 3; cont. 1857, Title III, Art. 9).

Citizenship was governed by Article 11 (Title IV, Art. 11; cf. 1857, Title IV, Art. 12:  “To enjoy the rights of citizenship, it is necessary: 1. To be Venezuelan. 2. To be married or over eighteen years of age. 3. To know how to read and write; this condition, however, shall not become obligatory until 1880.”).

RTS-GAR—Derechos Individuales [Individual Rights]

The Constitution of 1858 placed the guarantees of individual liberty under the title De los Derechos Individuales [Of Individual Rights] (Title V, Arts. 13–29; cf. 1857, Title XX, Art. 97:  “This Constitution guarantees Venezuelans civil liberty, individual security, property, freedom of industry, and equality before the law.”).

La esclavitud [slavery] was forever abolished in Venezuela, and every enslaved person who entered its territory was declared free (Art. 13; cf. 1857, Title XX, Art. 99:  “Slavery shall never be reestablished in Venezuela.”).

Every Venezuelan possessed the right to express thoughts and opinions through the press, orally, or by any other means without prior censorship, subject to the responsibility established by law when public morality or private life was injured.  Proceedings concerning the press were adjudicated by jurados [juries] (Art. 14; cf. 1857, Title XX, Art. 101:  “Every person possesses the liberty to publish thoughts and opinions orally, through the press, or in any other manner, without prior censorship.”).

Every Venezuelan possessed the right to associate and assemble without arms for any public or private purpose and to submit representations to the authorities (Art. 15; new; cf. 1857: no corresponding provision).

Every Venezuelan possessed the right to exercise any profession or industry, except those constituting the property of another under a privilege granted in conformity with the law, those injuring public morality or the health of the population, and those obstructing the means of communication (Art. 16; cf. 1857, Title XX, Art. 97:  “This Constitution guarantees Venezuelans civil liberty, individual security, property, freedom of industry, and equality before the law.”).

Every Venezuelan possessed the right to travel through the territory of the Republic and to leave it without a passport, unless prohibited by a judicial authority in the cases determined by law (Art. 17; cf. 1857, Title XX, Art. 100:  “Venezuelans possess the liberty to settle their differences through arbitrators even after proceedings have commenced, change domicile, leave the State while taking their property with them, and return to it, provided that they observe the legal formalities, and to do everything not prohibited by law.”).

No person could be withdrawn from his jueces naturales [natural judges], subjected to extraordinary commissions or tribunals, adjudicated except under laws preceding the offence or action, or sentenced without having been heard and legally convicted (Art. 18; cf. 1857, Title XX, Arts. 102, 118:  “No person may be criminally adjudicated, much less punished, except under a law preceding the offence or action and after having been summoned, heard, and legally convicted.”  “No Venezuelan may be withdrawn without his consent from his natural judges or adjudicated by special commissions or extraordinary tribunals.”).

No Venezuelan could be imprisoned, arrested, or detained except under an order signed by the competent authority, stating its grounds and delivered in copy to the arrested person, unless he was apprehended in flagrante delicto, in which case any person could apprehend him for immediate presentation before a judge (Art. 19; cf. 1857, Title XX, Art. 104:  “No person may be deprived of liberty except in the cases and under the formalities prescribed by law.”).

In criminal matters, an order of imprisonment or arrest required prior información sumaria [preliminary information] demonstrating an act punishable by corporal penalty and substantiated indications that the person ordered arrested had committed it.  That person was released under bond whenever the record disclosed that such a penalty could not be imposed (Art. 20; cf. 1857, Title XX, Art. 107:  “In a criminal cause, after the accused has given a statement in answer to the charge, he shall be released under bond upon his request or that of his defender whenever the record discloses no ground for imposing a corporal penalty.”).

Every person imprisoned upon a criminal cause had to be informed, within three days after imprisonment, of the charges appearing from the preliminary record so that he could answer and defend himself (Art. 21; new; cf. 1857: no corresponding provision).

A carcelero o Alcaide [jailer or warden] could receive no person under arrest without the written order required by Article 19 and could prohibit communication only under a written judicial order, which could not extend beyond three days (Art. 22; new; cf. 1857: no corresponding provision).

A jailer or warden could employ no restraints other than those expressly prescribed in writing by the judge, who could authorize only those absolutely necessary to prevent escape or disorder within the prison (Art. 23; new; cf. 1857: no corresponding provision).

In a criminal cause, no person could be compelled to testify against himself, his ascendants, descendants, spouse, or relatives within the fourth civil degree of consanguinity and second degree of affinity (Art. 24; cf. 1857, Title XX, Art. 103:  “No Venezuelan shall give testimony under oath against himself in a criminal cause; nor shall ascendants and descendants, relatives within the fourth civil degree of consanguinity and second degree of affinity, or spouses give such testimony reciprocally against one another.”).

The hogar doméstico [domestic home] and the secrecy of letters and private papers were inviolable.  The home could not be entered, nor correspondence or papers opened or read, except by competent authority in the cases and under the requisites prescribed by law (Art. 25; cf. 1857, Title XX, Arts. 105, 112:  “The home of every Venezuelan is inviolable; entry shall occur in the cases and manner determined by law.”  “Letters and all correspondence are inviolable.  The seizure of papers shall occur in the cases and under the formalities determined by law.”).

No person could be deprived of the smallest portion of his propiedad [property], nor could it be applied to any public use, without his knowledge or that of Congress.  Whenever the common interest, legally demonstrated, so required, just compensation was always to be presupposed (Art. 26; cf. 1857, Title XX, Art. 108:  “Property is inviolable, and only for a legally demonstrated cause of public interest may Congress compel a Venezuelan to alienate it, after just indemnification.”).

All Venezuelans were equal before the law (Art. 27; cf. 1857, Title XX, Art. 97:  “This Constitution guarantees Venezuelans civil liberty, individual security, property, freedom of industry, and equality before the law.”).

The enumeration of rights did not constitute a negation of other rights belonging to individuals although not included in that Title (Art. 28; new; cf. 1857: no corresponding provision).

Foreigners in Venezuela enjoyed the same individual rights and guarantees as Venezuelans and were subject, like them, to the laws and authorities of the Republic (Art. 29; cf. 1857, Title XX, Art. 113:  “Every foreigner, irrespective of nation, shall be admitted into Venezuela.  As he shall be subject to the same laws of the State as Venezuelans, he shall likewise enjoy in his person and property the same guarantees as they.”).

REG-MIL—La Fuerza Militar [The Military Force]

The Constitution of 1858 divided the fuerza militar [military force] into the Ejército permanente [Permanent Army], Fuerza naval [Naval Force], and Milicia Nacional [National Militia] (Title XX, Art. 142; cf. 1857, Title XVIII, Arts. 90–91:  “The legislative Chambers shall annually fix, upon proposal of the Executive Power, the permanent naval and terrestrial force.”  “The Republic shall additionally possess a national militia, whose organization and service shall be determined by law.”).

The fuerza armada [armed force] was essentially obedient and could not deliberate (Art. 143; cf. 1857, Title XVIII, Art. 92:  “The armed force is essentially obedient and cannot deliberate.”).

Members of the naval and terrestrial armed forces in active service were subject to leyes militares [military laws] (Art. 144; cf. 1857, Title XX, Art. 124:  “No Venezuelan shall be subject to military laws except those in active service, whether in the permanent force or the national militia, quartered and paid by the State.”).

La autoridad militar [military authority] could never be united with civil authority (Art. 145; cf. 1857, Title XVIII, Art. 93:  “Its military authority shall never be united with civil authority.”).

The National Militia was organized by law and remained under the command of the Gobernadores de las Provincias [Governors of the Provinces], who called it into service when ordered by the Executive Power under an act of Congress, the extraordinary powers conferred pursuant to Article 95, or the occurrence of sudden commotion within the Province, in the manner determined by law (Art. 146; cf. 1857, Title XVIII, Art. 95:  “The national militia shall remain under the command of the Governor of the province, who shall call it into service when ordered by the Executive Power pursuant to an act of Congress or, during its recess, of the Council of Government under Article 54, or for action within the province in case of sudden commotion and in the manner determined by its organic law.”).

REG-REL—Religión [Religion]

The Constitution of 1858 contained no provision concerning religion (cf. 1857, Title I, Art. 4:  “The State shall protect the Catholic, Apostolic, and Roman Religion, and the Government shall always sustain its Worship and Ministers in conformity with the law.”).

REG-SLA—Esclavitud [Slavery]

The Constitution of 1858 declared esclavitud [slavery] forever abolished in Venezuela and declared free every enslaved person who entered its territory (Title V, Art. 13; cf. 1857, Title XX, Art. 99:  “Slavery shall never be reestablished in Venezuela.”).

ECO-INF—Infraestructura [Infrastructure]

The Constitution of 1858 entrusted Congress with the organization of the servicio nacional de postas y correos [national postal service] (Title IX, Art. 64, no. 5; new; cf. 1857: no corresponding provision).

Congress was empowered to promote through laws or contracts the navigation and canalization of rivers, the opening of roads, and other works of national utility (Art. 64, no. 16; cf. 1857, Title IX, Art. 38, no. 17:  “To establish rules for contracts between the State and citizens or companies, national or foreign, concerning river navigation, the opening of roads, or other objects of general utility.”).

Congress was likewise charged with promoting public education, the progress of the sciences and arts, and institutions of practical industrial instruction (Art. 64, no. 17; cf. 1857, Title IX, Art. 38, no. 11:  “To promote through laws public education, the progress of the sciences and arts, and institutions of general utility, and to grant exclusive privileges for a limited period for their encouragement and advancement.”).

The Legislaturas provinciales [provincial Legislatures] were empowered to promote instruction, the progress of the sciences and arts, institutions of practical industrial education, the opening and improvement of terrestrial and fluvial means of communication, hospitals and charitable institutions, and every matter relating to internal improvements (Art. 128, no. 10; new; cf. 1857: no corresponding provision).

CON-FIN—Disposiciones Finales [Final Provisions]

The Constitution of 1858 established the responsibility of the Presidente [President], Vicepresidente [Vice-President], and Designado [Designate] while exercising the Executive Power, together with that of the Secretarios del Despacho [Secretaries of the Cabinet] and the Ministers of the Supreme Court, in the cases prescribed by the Constitution (Title XXI, Art. 147; cf. 1857, Title XI, Art. 57:  “The President of the Republic and the Vice-President charged with the Executive Power are responsible for the crime of treason against the Republic, whether committed to subject it to a foreign power or to alter the recognized and sworn form of government, and for those crimes punished by the laws with capital punishment.  The Secretaries of the Cabinet shall be responsible for every act of the Executive Power that they authorize as its necessary organs.”).

For those purposes, traición [treason] consisted in attacking the constitutional form of government, taking arms in favor of external enemies, or forming a coalition with them or with nationals acting in favor of a foreign power (Art. 148; new; cf. 1857: no corresponding provision).

All other public employees remained responsible for their conduct in the exercise of their offices in conformity with the law (Art. 149; cf. 1857, Title XX, Art. 117:  “Public officers are responsible for their conduct in the performance of their duties in conformity with the law.”).

Venezuelans retained the right to terminate their differences through árbitros [arbitrators] even after judicial proceedings had commenced (Title XXII, Art. 150; cf. 1857, Title XX, Art. 100:  “Venezuelans possess the liberty to terminate their differences through arbitrators even after proceedings have commenced.”).

La confiscación [confiscation], toda pena cruel [every cruel punishment], and the death penalty for political offences were abolished, and the Código Criminal [Criminal Code] was required to restrict the imposition of capital punishment insofar as possible (Art. 151; cf. 1857, Title XX, Arts. 98, 109:  “Capital punishment for political offences is forever abolished.”  “Torture, confiscation of property, and every cruel or infamous punishment are prohibited.”).

No sum could be withdrawn from the Public Treasury except for purposes determined by law and in conformity with the budgets, which were necessarily published (Art. 152; cf. 1857, Title XX, Art. 114:  “No sum shall be withdrawn from the Public Treasury unless it is included in the general budget for the fiscal year in which the expenditure is made.”).

Municipal revenues could not be burdened by national taxes (Art. 153; new; cf. 1857: no corresponding provision).

The establishment of mayorazgos [entailed estates] and every class of vinculaciones [perpetual entailments] was prohibited (Art. 154; cf. 1857, Title XX, Art. 110:  “The establishment of entailed estates and every class of perpetual entailment is prohibited.”).

No public corporation or employee could exercise any function or authority not conferred by the Constitution or the law (Art. 155; new; cf. 1857: no corresponding provision).

Public officers could not issue, obey, or execute orders manifestly contrary to the Constitution or the laws, orders violating their prescribed essential forms, or orders issued by manifestly incompetent authorities (Art. 156; cf. 1857, Title XX, Art. 119:  “No public officer shall issue, obey, or execute orders manifestly contrary to the Constitution or the laws, orders that in any manner violate the essential formalities prescribed by them, or orders issued by manifestly incompetent authorities.”).

Persons who issued, signed, executed, or ordered the execution of decrees, orders, or resolutions contrary to the Constitution and the laws guaranteeing individual rights were culpable and punishable under those laws (Art. 157; cf. 1857, Title XX, Art. 120:  “Those who issue, sign, execute, or order the execution of decrees, orders, or resolutions contrary to the Constitution and the laws guaranteeing individual rights, together with those who execute them, are culpable and shall be punished in conformity with those laws.”).

The compensation of the President, Vice-President, Senators, Deputies, and Ministers of the Supreme Court could be neither increased nor diminished during the period for which the incumbent officers had been elected (Art. 158; new; cf. 1857: no corresponding provision).

Provincial elections preceded national elections (Art. 159; new; cf. 1857: no corresponding provision).

No public employee could enter upon the exercise of an office without first taking the juramento [oath] to sustain and defend the Constitution and faithfully and exactly discharge the duties of the office (Title XXIII, Art. 160; cf. 1857, Title XXI, Art. 125:  “No employee may enter upon the exercise of his functions without first taking the oath to sustain and defend the Constitution and faithfully and exactly discharge the duties of his office.”).

The Constitution prescribed the authorities before whom the President, Vice-President, presidents of the national and provincial Chambers, presidents and members of the Supreme and Superior Courts, Secretaries of the Cabinet, Governors, and other civil and military employees took that oath (Arts. 161–162; cf. 1857, Title XXI, Arts. 126–127).

The Constitution was to be promulgated with the solemnities and formalities established by the Decree of September 24, 1830, and immediately put into execution, while every preceding law and decree remained in force insofar as it did not oppose the Constitution (Title XXV, Art. 165; cf. 1857, Transitional Provisions).

To effect the renewals prescribed by Articles 51, 60, and 119, the national Chambers at their first meeting and the Supreme and Superior Courts upon their installation determined by lot one-half of their respective members, or the greater number when the total was uneven, who would cease exercising their offices at the conclusion of the second year (Art. 165; cf. 1857, Second Transitional Provision:  “The Chambers shall be renewed in their entirety in the next elections, which shall take place in 1859.”).

The Constitution was enacted in the hall of sessions of the Convención Nacional [National Convention] at Valencia on December 24, 1858, and ordered fulfilled, published, and circulated by the Jefe provisional del Estado [Provisional Chief of State], Julián Castro, on December 31, 1858.


* *

6). The Constitution of 1864

The Constitution of 1864 (Constitución de los Estados Unidos de Venezuela [Constitution of the United States of Venezuela]) was decreed by the Asamblea Constituyente [Constituent Assembly] in Caracas on March 28, 1864, and ordered published and circulated by Juan Crisóstomo Falcón at Santa Ana de Coro on April 13, 1864, with ministerial countersignature at Caracas on April 22, 1864.

DOC-PRE—Preámbulo [Preamble]

(modern Latinate English translation by the author from the CIDEP recension)

“The Constituent Assembly, invoking the Supreme Author and Legislator of the Universe and acting by the authority of the people of Venezuela, decrees:  CONSTITUTION OF THE UNITED STATES OF VENEZUELA.”

FND-TER—Territorio [Territory]

The Constitution of 1864 declared the provinces of Apure, Aragua, Barcelona, Barinas, Barquisimeto, Carabobo, Caracas, Cojedes, Coro, Cumaná, Guárico, Guayana, Maracaibo, Maturín, Mérida, Margarita, Portuguesa, Táchira, Trujillo, and Yaracuy to be independent Estados [States] united to form a free and sovereign Nación [Nation] under the name Estados Unidos de Venezuela [United States of Venezuela] (Title I, Sec. I, Art. 1; cf. 1858, Arts. 1–3:  “The Venezuelan Nation is forever and irrevocably free and independent of every foreign power.”  “Sovereignty resides essentially in the Nation.”  “The territory of the Republic comprises all that, before the political transformation of 1810, was denominated the Captaincy General of Venezuela, with all its rights and appurtenances.”).

The boundaries of each State were those assigned to the provinces by the law of April 28, 1856, which had established the most recent territorial division (Art. 2; cf. 1858, Art. 3:  “The territory of the Republic comprises all that, before the political transformation of 1810, was denominated the Captaincy General of Venezuela, with all its rights and appurtenances; and is divided into Provinces, Cantons, and Parishes.”).

The boundaries of the United States composing the Federación Venezolana [Venezuelan Federation] were those corresponding in 1810 to the former Capitanía General de Venezuela [Captaincy General of Venezuela] (Art. 3; cf. 1858, Art. 3:  “The territory of the Republic comprises all that, before the political transformation of 1810, was denominated the Captaincy General of Venezuela, with all its rights and appurtenances.”).

Two or more States could unite to constitute a single State while retaining the liberty to recover their separate status, with notice in either case to the Ejecutivo Nacional [National Executive], Congreso [Congress], and the other States of the Unión [Union] (Art. 4; new; cf. 1858: no corresponding provision).

States exercising that faculty retained their votes in the Presidencia [Presidency] election, their representation in the Senado [Senate], and their participation in the nomination of vocales [members] of the Alta Corte Federal [Federal High Court] (Art. 5; new; cf. 1858: no corresponding provision).

POW-LEG—Legislatura Nacional [National Legislature]

The Constitution of 1864 vested the Poder Legislativo Nacional [National Legislative Power] in a Legislatura Nacional [National Legislature] composed of a Senado [Senate] and a Cámara de Diputados [Chamber of Deputies] (Title IV, Sec. I, Art. 18; cf. 1858, Art. 30:  “The Legislative Power is exercised by a Congress composed of two Chambers, one of Deputies and the other of Senators.”).

The respective Estados [States] determined the manner in which Senadores [Senators] and Diputados [Deputies] were appointed (Art. 19; cf. 1858, Arts. 49, 58:  “The Senate shall be composed of two Senators from each Province, elected by the provincial Legislatures.”  “The Chamber of Deputies shall be composed of those elected by the citizens of the Provinces through direct and secret voting.”).

Each State elected one Deputy for every twenty-five thousand inhabitants and another for any excess greater than twelve thousand, together with an equal number of suplentes [alternates] (Art. 20; cf. 1858, Art. 58:  “one for every twenty-five thousand inhabitants, and one more for an excess of fifteen thousand.”).

Deputies served for two years and were renewed in their entirety (Art. 21; cf. 1858, Art. 60:  “The Deputies shall serve in their functions for four years and shall be renewed by halves every two years.”).

The Chamber of Deputies examined the President’s annual account, could adopt a voto de censura [vote of censure] against a Ministro del Despacho [Cabinet Minister] with the consequent vacation of his office, and heard accusations against the officer exercising the National Executive, Cabinet Ministers, and other empleados nacionales [national employees] in the cases prescribed by the Constitution (Art. 22; cf. 1858, Arts. 61–63).

An accusation presented by a Deputy, corporation, or individual was referred to a comisión [committee] of three Deputies chosen by secret ballot.  The committee reported within three days whether formación de causa [institution of proceedings] should be declared, and the Chamber decided by the absolute majority of the members present, without the vote of the accusing Deputy (Art. 23; cf. 1858, Arts. 62–63).

A declaration of ha lugar [that proceedings should be instituted] suspended the accused from office and rendered him ineligible to exercise any public office while the trial remained pending (Art. 24; cf. 1858, Art. 63).

Each State elected two Senadores principales [principal Senators] and two alternates (Art. 25; cont. 1858, Art. 49).

Eligibility for the Senate required Venezuelan nationality by birth and thirty years of age (Art. 26; cf. 1858, Art. 52).

Senators served for four years and were renewed by halves.  When the entire Senate was elected at one time, one Senator from each State was elected for two years (Art. 27; cont. 1858, Art. 51).

The Senate conducted and decided the proceedings initiated in the Chamber of Deputies (Art. 28; cont. 1858, Art. 53).

When such a proceeding had not concluded before the end of the legislative sessions, the Senate remained assembled solely for that purpose until final disposition of the causa [cause], without dietas [legislative compensation] to the Senators during that period (Art. 29; cf. 1858, Art. 57).

The National Legislature assembled annually in the capital of the United States on February 20, or on the earliest possible date thereafter, without awaiting convocation.  Its sessions continued for seventy days and could be extended to no more than ninety (Art. 30; cf. 1858, Art. 31:  “Congress shall assemble every year in the capital of the Republic on January 20, without need of convocation; and its sessions shall continue for ninety days.”).

Each Cámara [chamber] opened its sessions with at least two-thirds of its members.  In the absence of that number, the members present constituted themselves as a Comisión preparatoria [preparatory committee] and adopted measures to secure the attendance of the absentees (Art. 31; cont. 1858, Art. 32).

Once opened, the sessions could continue with two-thirds of the members who had installed the chamber, provided that their number did not fall below one-half of all appointed members (Art. 32; cf. 1858, Art. 33).

Although the chambers ordinarily acted separately, they assembled in Congreso [Congress] whenever required by the Constitution or the law, or when one chamber proposed and the other accepted a joint meeting (Art. 33; cont. 1858, Art. 38).

Sessions were public but could be declared secret by the respective chamber (Art. 34; cont. 1858, Art. 39).

Each chamber adopted its own reglamentos [rules], disciplined their violators, maintained policía [order] within its premises, corrected disorderly spectators, removed obstacles to the exercise of its functions, executed its internal resolutions, judged the qualifications of its members, and heard their resignations (Art. 35; cf. 1858, Arts. 35–37).

Neither chamber could suspend its sessions or change its place of residence without the consent of the other.  In case of disagreement, the chambers assembled jointly and the majority determined the question (Art. 36; cont. 1858, Art. 34).

The exercise of any other public function was incompatible with service as a Senator or Deputy during the legislative sessions.  The law determined their indemnizaciones [compensation], which could not be increased during the constitutional period for which it had been fixed (Art. 37; cf. 1858, Arts. 42, 46).

Senators and Deputies enjoyed inmunidad [immunity] from January 20 of each year until thirty days after the conclusion of the sessions.  That immunity suspended every proceeding against them, irrespective of its origin or nature; if a member committed an act punishable by a pena corporal [corporal penalty], the preliminary investigation could continue only until completion of the sumario [initial record] (Art. 38; cf. 1858, Art. 43).

Congress was presided over by the Presidente del Senado [President of the Senate], while the Presidente de la Cámara de Diputados [President of the Chamber of Deputies] served as Vicepresidente [Vice-President] (Art. 39; cont. 1858, Art. 38).

Members of the chambers incurred no responsibility for the opinions or speeches expressed in them (Art. 40; cont. 1858, Art. 44).

Senators and Deputies could not accept an empleo or comisión [commission] from the National Executive until one year after the conclusion of their respective terms.  Appointments as Cabinet Ministers, empleados diplomáticos [diplomatic officers], or mandos militares [military commands] in time of war were excepted, but acceptance vacated the legislative seat (Art. 41; cf. 1858, Arts. 41–42).

Senators and Deputies could neither contract with the Gobierno general [General Government] nor prosecute the claims of other persons before it (Art. 42; new; cf. 1858: no corresponding provision).

The National Legislature adjudicated controversies between the States; erected and organized the Distrito Federal [Federal District]; organized Aduanas [customs], ports, postal offices, and the national currency; enacted the Códigos nacionales [national codes]; created and compensated national offices; regulated the public debt and national loans; provided for the census and national statistics; fixed the naval and terrestrial forces; declared war; approved or rejected treaties and national public-works contracts; adopted the annual budget; promoted national prosperity, science, and the arts; established weights and measures; granted amnesties; organized national territories; regulated proceedings before the Senate; enacted the presidential election law; and exercised the other powers enumerated by the Constitution (Arts. 43–44; cf. 1858, Art. 64).

Bills and decretos legislativos [legislative decrees] could originate with members of either chamber in the manner prescribed by their respective rules (Art. 45; cf. 1858, Art. 66).

Every admitted proyecto [bill] received three readings separated by at least one day (Art. 46; cont. 1858, Art. 66).

A bill approved by its Cámara de origen [chamber of origin] passed to the other chamber for the same proceedings.  If not rejected, it returned to the chamber of origin with any alterations adopted by the second chamber (Art. 47; cf. 1858, Arts. 67–68).

When the chamber of origin rejected those alterations, it could insist upon its text and transmit its reasons in writing.  The chambers could also convene jointly as a Comisión general [general committee] to seek agreement; if no agreement resulted and the chamber of origin resolved separately to terminate consideration, the bill failed (Art. 48; cf. 1858, Art. 69).

The dates of the several readings accompanied every bill transmitted from one chamber to the other (Art. 49; cont. 1858, Art. 76).

A statute amending another statute had to be redrafted in its entirety, and the former statute was repealed in all its parts (Art. 50; cont. 1858, Art. 74).

The fórmula legislativa [enactment formula] was: “El Congreso de los Estados Unidos de Venezuela. Decretan” (Art. 51; cf. 1858, Art. 75:  “The Congress of Venezuela decrees.”).

A bill rejected during one Legislature could not be introduced again until another Legislature (Art. 52; cf. 1858, Art. 70).

Bills remaining pending in either chamber at the close of the sessions were subject to three new readings in the succeeding Legislature (Art. 53; new; cf. 1858: no corresponding provision).

Statutes were repealed through the same formalities required for their enactment (Art. 54; cont. 1858, Art. 77).

When the Cabinet Ministers had maintained before a chamber that a bill was unconstitutional and the bill nevertheless became law, the Executive could submit it to the Nation as represented by the Legislaturas de los Estados [Legislatures of the States] (Art. 55; new; cf. 1858: no corresponding provision).

Each State then expressed one vote, determined by the majority of the members attending its Legislature, and transmitted the result, “Confirmo” or “Objeto”, to the Federal High Court (Art. 56; new; cf. 1858: no corresponding provision).

If a majority of the States concurred with the Executive, the Federal High Court ordered suspension of the statute and reported the proceedings to Congress (Art. 57; new; cf. 1858: no corresponding provision).

Statutes entered into operation only after publication with the prescribed solemnities (Art. 58; cont. 1858, Art. 78).

The facultad de sancionar la ley [power to enact legislation] could not be delegated (Art. 59; cont. 1858, Art. 65, no. 3).

No legislative provision had retroactive effect except in matters of judicial procedure or when it imposed a lesser penalty (Art. 60; cf. 1858, Art. 18).

ECO-HAC—Hacienda Pública [Public Finance]

The States undertook to reserve from rentas nacionales [national revenues], for the benefit of States without mines in operation, twenty thousand pesos to be included in the presupuesto anual [annual budget] and paid in anticipated quarterly installments (Title II, Art. 13, no. 17; new; cf. 1858: no corresponding provision).

The Legislatura Nacional [National Legislature] organized the Aduanas [customs service], whose revenues constituted the Tesoro de la Unión [Treasury of the Union] until replaced by other sources of revenue (Title IV, Sec. V, Art. 43, no. 3; cf. 1858, Art. 64, no. 2:  “To establish taxes, duties, and contributions to meet national expenditures, supervise their application, and require an account of them from the Executive Power.”).

The Legislature determined all matters concerning the deuda nacional [national debt], contracted empréstitos [loans] upon the credit of the Nation, and annually adopted the presupuesto de gastos públicos [budget of public expenditures] (Art. 43, nos. 10, 11, 18; cf. 1858, Art. 64, nos. 12, 14).

The Presidente de la Unión [President of the Union] supervised the collection of national revenues (Title V, Art. 72, no. 3; cont. 1858, Art. 94, no. 17).

In time of foreign war, the President could demand authorized contribuciones [contributions] in advance or negotiate previously decreed loans when ordinary revenues were insufficient (Art. 72, no. 15.2; cont. 1858, Art. 95, no. 2).

Within the first five sessions of each annual Legislature, the Ministros del Despacho [Cabinet Ministers] presented the proposed budget of public expenditures and the cuenta general [general account] for the preceding year (Arts. 79–80; cf. 1858, Art. 104).

El Congreso [Congress] could neither increase the taxes imposed upon exports nor constitute additional hipotecas [encumbrances] upon them.  Once the existing obligations had been discharged by payment, compensation, or substitution, the exportation of national products became permanently free (Title VII, Art. 103; new; cf. 1858: no corresponding provision).

No expenditure could be made from the Tesoro nacional [National Treasury] unless Congress had expressly appropriated the corresponding sum in the annual budget.  Those who contravened this requirement were civilly responsible to the Treasury for the amounts disbursed, and ordinary expenditures took precedence over extraordinary expenditures in every distribution of public funds (Art. 108; cf. 1858, Art. 152:  “No sum shall be withdrawn from the Public Treasury for purposes other than those determined by law and in conformity with the budgets, which shall necessarily be published.”).

Las oficinas de recaudación [offices of collection] remained separate from las oficinas de pago [offices of payment].  Collection offices could make no payments other than the salaries of their own employees (Art. 109; new; cf. 1858: no corresponding provision).

When the budget for a período fiscal [fiscal period] was not adopted, the budget for the immediately preceding period continued in force (Art. 110; new; cf. 1858: no corresponding provision).

POW-EXE—Ejecutivo [Executive]

The Constitution of 1864 placed the Administración general de la Nación [General Administration of the Nation], insofar as it had not been assigned to another authority, under a magistrate denominated Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela] (Title V, Sec. I, Art. 61; cf. 1858, Art. 79:  “The Executive Power shall be entrusted to a magistrate denominated President of the Republic.”).

Eligibility for the Presidencia [Presidency] required Venezuelan nationality by birth and thirty years of age (Art. 62; cf. 1858, Art. 82:  “To be President of the Republic, it is necessary to be Venezuelan by birth and a citizen in the enjoyment of his rights.”).

The citizens of all the Estados [States] elected the President by votación directa y secreta [direct and secret ballot].  Each State possessed one vote, determined by the relative majority of its electors (Art. 63; cf. 1858, Art. 81:  “The President and Vice-President shall be elected by direct and secret vote of the Venezuelans who enjoy citizenship.”).

On the eighth day of the sessions of Congreso [Congress], the Cámaras [chambers] assembled to conduct the escrutinio [canvass] of the electoral returns.  If all returns had not arrived, Congress adopted measures to obtain them and could defer the canvass for as many as forty days; upon expiration of that period, the canvass proceeded with the returns received, provided that they represented no fewer than two-thirds of the States (Art. 64; cf. 1858, Art. 83).

The candidate receiving an absolute majority of the State votes was declared President.  If no candidate received that majority, Congress selected between the two candidates obtaining the greatest number of votes, with each State casting one vote determined by the absolute majority of its Senadores [Senators] and Representantes [Representatives] (Art. 65; cf. 1858, Art. 84).

No member participating in the canvass could leave the session without the consent of Congress (Art. 66; cont. 1858, Art. 85).

Two Designados [Designates], elected annually by the chambers in joint session, supplied temporary or absolute vacancies in the Presidency (Art. 67; cf. 1858, Arts. 80, 93).

The President served for four years beginning on February 20 and vacated the office on that date at the conclusion of the período constitucional [constitutional period], irrespective of whether the full term had actually been served (Art. 68; cont. 1858, Art. 86).

When a falta absoluta [absolute vacancy] occurred during the first two years of a presidential period, Congress ordered a new election for a President to serve the remainder of the period (Art. 69; cf. 1858, Art. 93).

Neither the President nor a person elected to complete the presidential period under Article 69 could be elected for the immediately succeeding period (Art. 70; cont. 1858, Art. 86).

The law determined the sueldo [compensation] of the President and of persons exercising the Presidency in his place, and that compensation could not be increased or diminished during the period in which the law was enacted (Art. 71; cf. 1858, Art. 158).

The President preserved the Nación [Nation] from every external attack (Art. 72, no. 1; cf. 1858, Art. 94, no. 1).

The President executed and secured the execution of the statutes and decrees of the Legislatura Nacional [National Legislature] (Art. 72, no. 2; cont. 1858, Art. 94, no. 2).

The President supervised the collection of national revenues and administered terrenos baldíos [public lands] in conformity with the law (Art. 72, nos. 3–4; cf. 1858, Art. 94, no. 17; Art. 64, no. 15).

The President convoked the National Legislature for its regular meetings and for extraordinary meetings when required by the gravity of an event (Art. 72, no. 5; cont. 1858, Art. 94, no. 3).

The President appointed agentes diplomáticos [diplomatic officers], Cónsules generales [Consuls General], and Cónsules [Consuls], with appointments to the first two categories restricted to Venezuelans by birth (Art. 72, no. 6; cf. 1858, Art. 94, no. 9).

The President directed negociaciones diplomáticas [diplomatic negotiations] and concluded tratados [treaties] with other nations, subject to submission to the National Legislature (Art. 72, no. 7; cont. 1858, Art. 94, no. 7).

The President concluded contratos de interés nacional [contracts of national interest] in conformity with the law and submitted them to the Legislature (Art. 72, no. 8; new; cf. 1858: no corresponding provision).

The President appointed and removed Ministros del Despacho [Cabinet Ministers] (Art. 72, no. 9; cont. 1858, Art. 94, no. 8).

The President appointed empleados de Hacienda [Treasury employees] whose appointment had not been assigned to another officer.  Those appointments were restricted to Venezuelans by birth (Art. 72, no. 10; cf. 1858, Art. 94, no. 14).

The President removed or suspended empleados de su libre nombramiento [employees within his free appointment] and ordered proceedings against them whenever grounds existed (Art. 72, no. 11; cf. 1858, Art. 94, nos. 15–16).

The President granted cartas de nacionalidad [certificates of nationality] in conformity with the law and issued patentes de navegación [navigation licenses] to national vessels (Art. 72, nos. 12–13; cf. 1858, Art. 94, no. 13; Art. 64, no. 7).

The President declared war in the name of the República [Republic] after Congress had decreed it (Art. 72, no. 14; cont. 1858, Art. 94, no. 6).

In time of foreign war, the President could require the States to provide assistance for the national defense; demand contributions in advance or negotiate authorized loans; arrest or expel nationals of the enemy State who opposed the defense of Venezuela; suspend garantías [guarantees] incompatible with national defense except the guarantee of life; transfer the Ejecutivo Nacional [National Executive] temporarily when grave circumstances required it; institute proceedings for traición a la Patria [treason against the Fatherland] against Venezuelans hostile to the national defense; and issue patentes de corso y represalias [letters of marque and reprisal] together with rules governing captures (Art. 72, no. 15; cf. 1858, Arts. 95–98).

In an armed insurrection against the Nation’s political institutions, the President could employ the fuerza pública [public force] and exercise the powers concerning national defense, anticipated contributions, and temporary transfer of the Executive specified by the Constitution (Art. 72, no. 16; cf. 1858, Arts. 95–98).

The President could employ the public force to terminate an armed collision between two or more States and require them to disarm and submit their controversy to the autoridades nacionales [national authorities] (Art. 72, no. 17; new; cf. 1858: no corresponding provision).

The President could direct a war or command the Ejército [Army] in person in the cases prescribed by the Constitution and could leave the capital when matters of public interest required it (Art. 72, no. 18; cf. 1858, Arts. 91, 99).

The President granted indultos generales o particulares [general or individual pardons] (Art. 72, no. 19; cf. 1858, Art. 94, no. 19).

The President defended the territory assigned to the Distrito Federal [Federal District] whenever there were substantiated fears of hostile invasion (Art. 72, no. 20; new; cf. 1858: no corresponding provision).

The President exercised the other functions conferred by national statutes (Art. 72, no. 21; cont. 1858, Art. 94).

Whenever the National Executive exercised any of the facultades extraordinarias [extraordinary powers] conferred by Article 72, it reported to Congress within the first eight days of its next meeting (Art. 73; cont. 1858, Art. 98).

The President was assisted by the Cabinet Ministers established by law, which also determined their functions and duties and organized the Secretarías [departments] (Art. 74; cont. 1858, Art. 100).

Eligibility as a Cabinet Minister required twenty-five years of age and either Venezuelan nationality by birth or five years of Venezuelan nationality (Art. 75; cf. 1858, Art. 101).

The Cabinet Ministers were the órganos naturales y precisos [natural and necessary organs] of the President.  Every presidential act required ministerial countersignature, without which no authority, employee, or private person could comply with or execute it (Art. 76; cf. 1858, Art. 102).

Every ministerial act had to conform to the Constitution and the laws.  A Minister’s responsibility was not extinguished by a presidential order, even when that order had been given in writing (Art. 77; cont. 1858, Art. 103).

All matters other than the internal administration of a ministry were decided in the Consejo de Ministros [Council of Ministers], whose responsibility was collective (Art. 78; new; cf. 1858: no corresponding provision).

Within the first five sessions of every annual Legislature, the Ministers reported what they had done or intended to do in their respective departments.  They also supplied the written or oral information requested by the chambers, reserving only matters whose publication was incompatible with diplomatic or military negotiations (Art. 79; cf. 1858, Arts. 104–105).

Within the same period, the Ministers presented the proposed budget of public expenditures and the general account for the preceding year (Art. 80; cont. 1858, Art. 104).

The Ministers possessed the derecho de palabra [right to speak] before the chambers and were required to appear whenever called to provide information (Art. 81; cont. 1858, Art. 105).

The Ministers were responsible for treason; violation of the Constitution or laws; malversación de los fondos públicos [misappropriation of public funds]; expenditures in excess of the budget; and soborno o cohecho [bribery or corrupt payment] in matters within their offices or in appointments to public employment (Art. 82; cf. 1858, Art. 147, no. 2).

The National Executive was exercised by the President, or by the person acting in his place, together with the Cabinet Ministers as his constitutional organs (Art. 83; cf. 1858, Arts. 79, 102).

The National Executive could not exercise its functions outside the Federal District except in the case of a temporary transfer authorized during foreign war.  When the President assumed command of the Army or left the Federal District under the authority of Article 72, he was replaced in the manner prescribed by Articles 67 and 102 (Art. 84; cf. 1858, Art. 91).

When a vacancy or absence of the President could not be supplied by the Designates, one of the Cabinet Ministers, elected by all the Ministers in public session, exercised the Presidency.  The appropriate Designate was then called, and notice was given to the States (Title VII, Art. 102; cf. 1858, Art. 93).

POW-JUD—Poder Judicial [Judiciary]

The Alta Corte Federal [Federal High Court] consisted of five vocales [members] (Title VI, Sec. I, Art. 85; cf. 1858, Art. 108:  “The Supreme Court shall be composed of no fewer than five Ministers.”).

Eligibility required Venezuelan nationality by birth or ten years of naturalization and thirty years of age (Art. 85; cf. 1858, Art. 109:  “To be a Minister of the Supreme Court, it is necessary: 1. To be a citizen in the enjoyment of his rights. 2. To have attained forty years of age. 3. To have served as a Magistrate of a Superior Court for six years, or to have practiced the profession of law in the Republic for twelve years.”).

For the appointment of its members, the Legislatura de cada Estado [Legislature of each State] presented Congress with a list containing as many candidates as there were positions to be filled.  Congress declared elected the candidate obtaining the greatest number of votes among the nominations submitted by each of the five secciones territoriales [territorial sections] established by the Constitution, with Congress resolving any tie (Art. 86; cf. 1858, Arts. 110–112).

The law determined the respective functions of the members and of the other empleados de la Alta Corte Federal [employees of the Federal High Court] (Art. 87; cf. 1858, Art. 113, which constitutionally enumerated the jurisdiction of the Supreme Court).

The vocales principales [principal members] and their suplentes [alternates], appointed through the same procedure, served for four years.  Neither a principal member nor an alternate exercising the office could accept an appointment from the Ejecutivo [Executive] during that period, even after resigning the judicial position (Art. 88; cf. 1858, Arts. 114, 119–120).

The Federal High Court heard civil or criminal proceedings against empleados diplomáticos [diplomatic employees] in the cases permitted by the Derecho Público de las Naciones [Public Law of Nations]; proceedings that the President ordered instituted against his Ministers; causas de responsabilidad [responsibility proceedings] against Cabinet Ministers and diplomatic agents; proceedings against altos funcionarios de los Estados [senior officers of the States] when state law so provided; civil actions against the Nation in the cases determined by law; controversies of jurisdicción o competencia [jurisdiction or competence] between employees of different States; matters submitted by the States; colisión de leyes [collisions of laws] among national statutes or between national and state statutes; controversies arising from contracts or negotiations concluded by the President; causas de presas [maritime prize causes]; and the other matters assigned by law (Art. 89; cf. 1858, Art. 113).

The law created and designated any additional tribunales nacionales [national tribunals] that proved necessary (Title VII, Art. 114; cf. 1858, Arts. 106, 117).

POW-SUB—Gobierno Subnacional [Subnational Government]

The Estados [States] composing the Unión venezolana [Venezuelan Union] mutually recognized their autonomía [autonomy], possessed equal political status, and retained in its plenitude every sovereign power not expressly delegated by the Constitution (Title II, Art. 12; cf. 1858, Art. 128, no. 11:  “To legislate upon all matters not reserved to the National Power.”).

The States undertook to organize themselves according to the principles of Gobierno Popular, Electivo, Federal Representativo, Alternativo y Responsable [Popular, Elective, Federal Representative, Alternative, and Responsible Government]; not to alienate territory to a foreign power or solicit foreign protection; cede the land required for the Distrito Federal [Federal District]; refrain from restricting the navigation of naturally navigable rivers and waters; refrain from imposing state contributions upon products already subject to national taxation before their offer for consumption; impose no duties upon goods in transit to another State; and impose no obligations upon empleados nacionales [national employees] except in their capacity as members of the State and insofar as those obligations remained compatible with national service (Art. 13, nos. 1–7; cf. 1858, Arts. 7–10, 128).

The States submitted controversies among themselves to Congreso [Congress], the Ejecutivo Nacional [National Executive], or the Alta Corte Federal [Federal High Court]; could not declare or make war upon one another; and, in the absence of a designated árbitro [arbitrator], were subject to the authority of Congress.  They maintained strict neutrality in conflicts arising in other States and could neither join nor ally themselves with another Nation nor separate in a manner impairing the nationality or territory of Venezuela (Art. 13, nos. 8–10; new; cf. 1858: no corresponding provision).

The States undertook to comply with and execute the Constitution, the leyes de la Unión [laws of the Union], and the decrees and orders issued within their jurisdiction by the National Executive and the Tribunales y Juzgados de la Unión [Tribunals and Courts of the Union]; incorporate extradición criminal [criminal extradition] as a political principle in their respective constitutions; and, at the request of an interested State, keep persons receiving asilo político [political asylum] at a distance from its frontier (Art. 13, nos. 11–13; new; cf. 1858: no corresponding provision).

The States established no Aduanas [customs houses] for the collection of duties and permitted no enganches o levas [recruitment or levies] intended to attack the liberty, independence, or public order of another State or Nation (Art. 13, nos. 14–15; new; cf. 1858: no corresponding provision).

Each State retained the free administration of its productos naturales [natural products], including the independent administration of its salinas [saltworks].  The national revenues reserved twenty thousand pesos annually for States without mines in operation, and each State supplied its proportionate contingente [contingent] for the fuerza pública nacional [national public force] in peace or war (Art. 13, nos. 16–18; new; cf. 1858: no corresponding provision).

The States neither prohibited the consumption of products from other States nor burdened them with impuestos diferenciales [differential taxes].  They left the territorios Amazonas y la Goajira [territories of Amazonas and La Goajira] under the free administration of the Gobierno de la Unión [Government of the Union] until those territories could assume the status of States, respected national urban properties, parks, and fortifications, maintained a common legislación sustantiva civil y criminal [substantive civil and criminal legislation], and established direct and secret suffrage in popular elections (Art. 13, nos. 19–23; new; cf. 1858: no corresponding provision).

Every matter not expressly assigned by the Constitution to the Administración General de la Nación [General Administration of the Nation] remained within the competence of the States (Title VII, Art. 90; cf. 1858, Art. 128, no. 11).

The Tribunales de justicia de los Estados [tribunals of justice of the States] were independent.  Causes commenced under state procedure and concerning matters within the exclusive competence of a State terminated within that State without examination by any external authority (Art. 91; new; cf. 1858: no corresponding provision).

Any act of Congress or the National Executive that violated the rights guaranteed to the States or impaired their independence was subject to a declaration of nullity by the Federal High Court upon petition by a majority of the Legislaturas de los Estados [Legislatures of the States] (Art. 92; cf. 1858, Art. 113, no. 8, concerning the nullity of provincial legislative acts contrary to the Constitution).

The Government of the Union could maintain no resident employees possessing jurisdiction or authority within the States other than the States’ own employees, except empleados de Hacienda [Treasury officers] and officers assigned to national fortifications, parques [arsenals], apostaderos [naval stations], and puertos habilitados [authorized ports], whose jurisdiction was confined to their respective functions and premises (Art. 99; new; cf. 1858: no corresponding provision).

The Gobierno Nacional [National Government] could not station forces or military commanders in a State without the permission of that State’s Government (Art. 100; new; cf. 1858: no corresponding provision).

Neither the National Executive nor the Ejecutivos de los Estados [Executives of the States] could intervene by force of arms in the domestic conflicts of a State.  They could offer their buenos oficios [good offices] toward a pacific resolution (Art. 101; new; cf. 1858: no corresponding provision).

CON-AMD—Reforma de la Constitución [Constitutional Amendment]

The Constitution could be amended in whole or in part by the Legislatura Nacional [National Legislature] when a majority of the Legislaturas de los Estados [Legislatures of the States] requested amendment.  The amendment could encompass only the points specified in the requests submitted by the States (Title VII, Art. 122; cf. 1858, Arts. 163–164).

CIV-SUF—Sufragio [Suffrage]

The Estados [States] undertook to establish sufragio directo y secreto [direct and secret suffrage] in popular elections (Title II, Art. 13, no. 23; cf. 1858, Arts. 11, 58, 81, 124, 137).

The Nación [Nation] guaranteed libertad de sufragio [liberty of suffrage] in popular elections, subject to no restriction other than minority below eighteen years of age (Title III, Art. 14, no. 11; cf. 1858, Art. 11:  “The following are citizens and therefore possess the right to elect persons for the exercise of the public powers: 1. All Venezuelans over twenty years of age. 2. Those who, without having attained that age, are or have been married.”).

The Presidente de la Unión [President of the Union] was elected by the citizens of all the States through direct and secret voting, with each State possessing one vote determined by the relative majority of its electors (Title V, Art. 63; cont. 1858, Art. 81).

The Cámaras [chambers] assembled on the eighth day of the sessions of Congreso [Congress] to conduct the escrutinio [canvass] of the presidential returns.  The canvass could be deferred for as many as forty days to obtain missing returns and thereafter proceeded if the returns received represented at least two-thirds of the States (Art. 64; cf. 1858, Art. 83).

The candidate receiving an absolute majority of the State votes was elected.  If no candidate received that majority, Congress elected between the two candidates with the greatest number of votes, with each State expressing one congressional vote in the manner prescribed by the Constitution (Art. 65; cf. 1858, Art. 84).

No member participating in the canvass could leave the session without congressional consent (Art. 66; cont. 1858, Art. 85).

The respective States determined the manner of appointing Senadores [Senators] and Diputados [Deputies] (Title IV, Sec. I, Art. 19; cf. 1858, Arts. 49, 58).

Each State elected one Deputy for every twenty-five thousand inhabitants and another for any excess greater than twelve thousand, together with an equal number of suplentes [alternates] (Art. 20; cf. 1858, Art. 58).

Each State elected two Senadores principales [principal Senators] and two alternates (Art. 25; cont. 1858, Art. 49).

CIV-CIT—Ciudadanía [Citizenship]

The Constitution of 1864 declared venezolano [Venezuelan] every person born in the territory of Venezuela, irrespective of the nationality of the parents; children of a Venezuelan father or mother born abroad who established domicilio [domicile] in the country and expressed the will to become Venezuelan; foreigners who obtained a carta de nacionalidad [certificate of nationality]; and persons born in the Spanish-American republics or the Spanish Antilles who established residence within the Unión [Union] and expressed the will to become Venezuelan (Title I, Sec. II, Art. 6; cf. 1858, Art. 6:  “The following are Venezuelans: 1. By birth, all persons born in the territory of Venezuela; the children of a Venezuelan father or mother born in the territory of Colombia; and the children of Venezuelan parents born in any foreign country. 2. By adoption, persons born in any of the other Spanish-American republics, subject only to proving their origin and manifesting before the authority determined by law their will to become Venezuelan. 3. By naturalization, foreigners already naturalized and those who obtain a certificate of naturalization in conformity with the law.”).

Venezuelans who established domicile and acquired nationality in a foreign country did not lose their Venezuelan nationality (Art. 7; new; cf. 1858: no corresponding provision).

Venezuelan males over twenty-one years of age were elegibles [eligible] for public office, subject to the exceptions established by the Constitution (Art. 8; cf. 1858, Art. 11).

Every Venezuelan was obligated to serve the Nación [Nation] in conformity with the law and to sacrifice property and life when necessary for its defense (Art. 9; new; cf. 1858: no corresponding provision).

Venezuelans present within any Estado [State] possessed the same rights and duties as persons domiciled there (Art. 10; new; cf. 1858: no corresponding provision).

The law determined the rights attached to the condición de extranjero [condition of foreign nationality] (Art. 11; cf. 1858, Art. 29:  “Foreigners in Venezuela enjoy the same individual rights and guarantees as Venezuelans and are subject, like them, to the laws and authorities of the Republic.”).

RTS-GAR—Derechos y Garantías [Rights and Guarantees]

The Constitution of 1864 guaranteed Venezuelans the inviolabilidad de la vida [inviolability of life] and abolished pena capital [capital punishment] irrespective of any law purporting to establish it (Title III, Art. 14, no. 1; cf. 1858, Art. 151:  “All confiscation, every cruel punishment, and the death penalty for political offences are abolished.  The Criminal Code shall limit, insofar as possible, the imposition of capital punishment.”).

La propiedad [property] was guaranteed with all its rights and remained subject only to contribuciones [contributions] decreed by legislative authority, decisión judicial [judicial adjudication], and appropriation for public works after indemnización [indemnification] and a juicio contradictorio [adversarial proceeding] (Art. 14, no. 2; cf. 1858, Art. 26).

The correspondencia y demás papeles [correspondence and other papers] of every person were inviolable and secret (Art. 14, no. 3; cont. 1858, Art. 25).

The hogar doméstico [domestic home] could be entered only to prevent the perpetration of an offence and in conformity with the law (Art. 14, no. 4; cf. 1858, Art. 25).

The guarantee of libertad personal [personal liberty] abolished reclutamiento forzoso [compulsory military recruitment], permanently proscribed esclavitud [slavery], declared free every enslaved person who entered Venezuelan territory, and recognized the right of every person to do or execute anything that did not injure another (Art. 14, no. 5; cf. 1858, Arts. 13, 16–17).

The libertad del pensamiento [freedom of thought] could be exercised orally or through the prensa [press], which was subject to no restriction (Art. 14, no. 6; cf. 1858, Art. 14).

Every Venezuelan possessed the liberty to travel without a passport, change domicile subject to the formalities established by the Estados [States], leave and return to the República [Republic], and carry property out of or into the country (Art. 14, no. 7; cf. 1858, Art. 17).

The libertad de industria [freedom of industry] included ownership of discoveries and productions.  The laws granted their proprietors a privilegio temporal [temporary privilege] or established indemnification when an author consented to publication (Art. 14, no. 8; cf. 1858, Art. 16; Art. 64, no. 18).

Every person possessed the libertad de reunión y asociación [liberty to assemble and associate] without arms, publicly or privately, without any right of inspection by the authorities (Art. 14, no. 9; cf. 1858, Art. 15).

Every person possessed the libertad de petición [liberty to petition] and the derecho de obtener resolución [right to obtain a resolution].  A petition could be directed to any officer, authority, or corporation; when signed by several persons, the first five answered for the authenticity of the signatures and all signatories for the truth of the facts asserted (Art. 14, no. 10; cf. 1858, Art. 15).

The libertad de sufragio [liberty of suffrage] in popular elections was subject to no restriction other than minority below eighteen years of age (Art. 14, no. 11; cf. 1858, Art. 11).

The libertad de enseñanza [freedom of education] was protected in its entire extent.  The Poder público [Public Power] was obligated to establish educación primaria y de artes y oficios [primary education and instruction in arts and trades] without charge (Art. 14, no. 12; new; cf. 1858, Art. 64, no. 17, concerning the promotion of popular education and practical industrial instruction).

The libertad religiosa [religious liberty] was guaranteed, but only the Religión Católica, Apostólica y Romana [Catholic, Apostolic, and Roman Religion] could conduct public worship outside its temples (Art. 14, no. 13; new; cf. 1858: no corresponding provision).

The seguridad individual [individual security] prohibited imprisonment or arrest for debts not proceeding from fraud or offence; compulsory quartering of military personnel in private homes; trial by tribunales o comisiones especiales [special tribunals or commissions] rather than the jueces naturales [natural judges] and pre-existing laws; and arrest or imprisonment without información sumaria [preliminary information] establishing an offence punishable by a corporal penalty and a written order stating its cause, except in fraganti [in flagrante delicto] (Art. 14, no. 14.1–14.4; cf. 1858, Arts. 18–20, 25).

No person could be held incomunicado [incommunicado] for any reason or pretext; compelled to take an oath or submit to interrogation against himself, his spouse, or relatives within the prescribed degrees in a criminal cause; or continued in prison after the grounds for confinement had ceased (Art. 14, no. 14.5–14.7; cf. 1858, Arts. 20, 22, 24).

No person could receive a criminal sentence without first having been heard in conformity with law; be sentenced to a pena corporal [corporal penalty] exceeding ten years; or remain deprived of liberty for political reasons after the restoration of public order (Art. 14, no. 14.8–14.10; cf. 1858, Arts. 18, 21; Art. 151).

La igualdad [equality] required every person to be judged under the same laws and subjected to the same duties, services, and contributions.  Títulos de nobleza [titles of nobility], hereditary honors or distinctions, and offices whose emoluments continued beyond actual service were prohibited, and no official form of address other than “Ciudadano” [Citizen] and “Usted” [You] could be accorded to public employees or corporations (Art. 14, no. 15; cf. 1858, Art. 27; Arts. 154, 158).

The enumeration of national guarantees did not restrict the faculty of the States to accord additional guarantees to their inhabitants (Art. 15; new; cf. 1858, Art. 28).

State laws prescribed penalties for violations of the guarantees and established the procedures necessary to make them effective (Art. 16; cf. 1858, Art. 157).

Persons who issued, signed, executed, or ordered the execution of decrees, orders, or resolutions violating any constitutional guarantee were culpable and punishable as determined by law.  Every citizen was competent to accuse them (Art. 17; cf. 1858, Art. 157).

REG-MIL—La Fuerza Armada [The Armed Forces]

Every Venezuelan was obligated to serve the Nación [Nation] in conformity with the laws and to sacrifice property and life when necessary for its defense (Title I, Sec. II, Art. 9; new; cf. 1858: no corresponding provision).

The Estados [States] provided the contingents corresponding to them for the composition of the fuerza pública nacional [national public force] in peace or war (Title II, Art. 13, no. 18; cf. 1858, Art. 146).

The Legislatura Nacional [National Legislature] annually fixed the fuerza armada de mar y tierra [naval and terrestrial forces] and enacted the ordenanzas del Ejército [military ordinances] (Title IV, Sec. V, Art. 43, no. 13; cont. 1858, Art. 64, no. 8).

The Legislature established the rules for the formation and replacement of those forces (Art. 43, no. 14; cf. 1858, Art. 64, no. 9).

The national public force was divided into fuerza naval y terrestre [naval and terrestrial forces] and consisted of the milicia ciudadana [citizen militia] organized by the States under their respective laws (Title VII, Art. 93; cf. 1858, Art. 142).

The force maintained by the Unión [Union] consisted of voluntarios [volunteers] and of proportionate contingents supplied by the States through the citizens called to service under state law (Art. 94; cf. 1858, Art. 146).

In time of war, the contingents could be augmented by cuerpos de la milicia ciudadana [units of the citizen militia] until the number requested by the Gobierno Nacional [National Government] had been supplied (Art. 95; cf. 1858, Art. 146).

The National Government could replace the Jefes de la fuerza pública [commanders of the public forces] supplied by the States in the cases and through the formalities prescribed by ley militar nacional [national military law], after which replacement personnel were requested from the States (Art. 96; new; cf. 1858: no corresponding provision).

La autoridad militar y la civil [military and civil authority] could never be exercised by the same person or corporation (Art. 97; cont. 1858, Art. 145).

During national and state electoral periods, the public force was disarmed in the manner prescribed by the respective laws (Art. 111; new; cf. 1858: no corresponding provision).

The fuerza armada [armed force] could not deliberate and was passive and obedient.  No cuerpo armado [armed body] could make requisitions or demand assistance of any kind except through the autoridades civiles [civil authorities] and in the manner prescribed by law (Art. 116; cf. 1858, Art. 143:  “The armed force is essentially obedient and cannot deliberate.”).

REG-REL—Religión [Religion]

The Constitution guaranteed libertad religiosa [religious liberty] but reserved public worship outside the temples to the Religión Católica, Apostólica y Romana [Catholic, Apostolic, and Roman Religion] (Title III, Art. 14, no. 13; new; cf. 1858: no corresponding provision).

The Nación [Nation] exercised its right of Patronato eclesiástico [ecclesiastical patronage] in the manner determined by law (Title VII, Art. 98; new; cf. 1858: no corresponding provision).

REG-SLA—Esclavitud [Slavery]

The Constitution of 1864 permanently proscribed esclavitud [slavery] and declared free every enslaved person who entered the territory of Venezuela (Title III, Art. 14, no. 5.2–5.3; cont. 1858, Art. 13).

ECO-INF—Infraestructura [Infrastructure]

The Estados [States] undertook not to restrict by taxation or otherwise the navigation of rivers and other naturally navigable waters (Title II, Art. 13, no. 4; cf. 1858, Art. 64, no. 16).

The Legislatura Nacional [National Legislature] determined matters concerning the authorization and security of puertos y costas marítimas [ports and maritime coasts] (Title IV, Sec. V, Art. 43, no. 4; cf. 1858, Art. 64, no. 16).

The Legislature created and organized oficinas de correos nacionales [national postal offices] and established charges for the carriage of correspondence (Art. 43, no. 5; cont. 1858, Art. 64, no. 5).

The Legislature approved or rejected contratos sobre obras públicas nacionales [contracts for national public works] concluded by the Presidente de la Unión [President of the Union], without which approval the contracts could not be executed (Art. 43, no. 17; cf. 1858, Art. 64, no. 16:  “To promote through laws or contracts the navigation and canalization of rivers, the opening of roads, and other works, provided that they are of national utility.”).

The Legislature promoted the prosperity of the country and its advancement in the general knowledge of the sciences and arts (Art. 43, no. 19; cf. 1858, Art. 64, no. 17).

The Nación [Nation] and the States promoted inmigración y colonización de extranjeros [immigration and foreign colonization] in conformity with their respective laws (Title VII, Art. 117; new; cf. 1858: no corresponding provision).

CON-FIN—Disposiciones Finales [Final Provisions]

Every autoridad usurpada [usurped authority] was ineffective and its acts were null.  Every decision obtained through the direct or indirect coercion of the fuerza armada [armed force] or a reunión de pueblo en actitud subversiva [assembly acting in a subversive posture] was null by operation of law (Title VII, Art. 104; cf. 1858, Arts. 155–157).

Every corporación o autoridad [corporation or public authority] was prohibited from exercising any function not conferred by the Constitution or the laws (Art. 105; cont. 1858, Art. 155).

Any citizen could accuse empleados nacionales [national employees] before the Cámara de Diputados [Chamber of Deputies], their respective superiors, or the authorities designated by law (Art. 106; cf. 1858, Arts. 147–149, 157).

Los empleados de libre nombramiento del Presidente de la Unión [employees freely appointed by the President of the Union] vacated their offices at the end of each presidential period but continued to act until replaced (Art. 107; new; cf. 1858: no corresponding provision).

International tratados de comercio y amistad [treaties of commerce and friendship] were to include a clause requiring every dispute between the contracting parties to be decided without recourse to war through arbitramento [arbitration] by one or more friendly powers (Art. 112; new; cf. 1858: no corresponding provision).

No person could exercise more than one destino de nombramiento del Congreso o del Ejecutivo Nacional .  Acceptance of another such office constituted resignation from the first, and empleados amovibles [removable employees] dependent upon the National Executive vacated their offices upon accepting service as a Senador [Senator] or Diputado [Deputy] (Art. 113; cf. 1858, Arts. 41–42).

Los empleados nacionales [national employees] could not accept gifts, offices, honors, or rewards from foreign nations without the permission of the Legislatura Nacional [National Legislature] (Art. 115; new; cf. 1858: no corresponding provision).

The law prescribed the manner in which national employees, upon taking possession of their offices, swore or affirmed that they would discharge their duties (Art. 118; cf. 1858, Arts. 160–162).

The Ejecutivo Nacional [National Executive] was to negotiate with the Gobiernos de América [Governments of America] concerning pactos de Alianza o de Confederación [compacts of alliance or confederation] (Art. 119; new; cf. 1858: no corresponding provision).

The Derecho de Gentes [Law of Nations] formed part of the Legislación Nacional [national legislation] and applied especially in cases of guerra civil [civil war].  Civil war could consequently be terminated by treaties among the beligerantes [belligerents], who were required to respect the humanitarian practices of Christian and civilized nations (Art. 120; new; cf. 1858: no corresponding provision).

The statutes and governmental dispositions of the States remained in force until the newly elected Legislaturas [Legislatures] brought them into conformity with the Constitution, which was required within four months (Art. 121; cf. 1858, Art. 165).

The Constitution entered into force upon its official publication in each State.  From that date, actos públicos y documentos oficiales [public acts and official documents] cited the year of the Federación [Federation], calculated from February 20, 1859, together with the year of the Constitution (Art. 123; cf. 1858, Art. 165:  “The present Constitution shall be promulgated with the solemnity and formalities established by the Decree of September 24, 1830; and shall immediately be put into execution, all laws and decrees remaining in force insofar as they do not oppose it.”).

The Constitution was decreed and signed in the hall of the Asamblea Constituyente [Constituent Assembly] at Caracas on March 28, 1864; ordered published and circulated by Juan Crisóstomo Falcón at Santa Ana de Coro on April 13, 1864; and countersigned by the Ministros de Estado [Ministers of State] at Caracas on April 22, 1864.