Posts Tagged ‘CIDEP’

“Unmasking Disappointment: Series XX”

October 12, 2026

“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”.

19) The Constitution of 1931

The 1931 Constitución de los Estados Unidos de Venezuela [Constitution of the United States of Venezuela] was declared sanctioned by the congressional agreement dated 7 July 1931 at the Palacio Federal Legislativo [Federal Legislative Palace], Caracas.  The constitutional closing bears the same date; the execution order at the Palacio Federal [Federal Palace], Caracas, bears 9 July 1931 and the signature of Pedro Itriago Chacín, identifying Acting President Pedro Itriago Chacín.  (CIDEP 1931, pp. 3, 23–24, agreement, closing and execution formulas).

Fundación Empresas Polar: Pedro Itriago Chacín.

DOC-PRE—Preamble

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

“The Congreso de los Estados Unidos de Venezuela [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, decrees the present Constitution.”

(CIDEP 1931, p. 3, preamble).

FND-TER—Territory

The Nación venezolana [Venezuelan Nation] consists of all Venezuelans under a political pact named Estados Unidos de Venezuela [United States of Venezuela] and is permanently and irrevocably independent of foreign domination or protection.  Its territory is that of the Capitanía General de Venezuela [Captaincy General of Venezuela] before the political transformation of 1810, with treaty modifications; it cannot be ceded, transferred, leased, or otherwise alienated to a foreign power, even temporarily.  (Arts. 1–2; cont., 1929, Arts. 1–2).

National territory comprises the Estados [States], 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., 1929, Arts. 3–4).

State boundaries derive from those assigned to the former provinces by the Law of 28 April 1856, subject to the creation of federal entities, the constitutional date printed as 5 July 1909, and the 1917 Aragua–Carabobo agreement.  Neighbouring Estados [States] may alter their common boundary by agreements approved by their legislatures, with reciprocal compensation or territorial cession.  (Art. 5; cf. 1929, Art. 5:  “the National Constitution of 5 August 1909”).

A special law organizes the Distrito Federal [Federal District], comprising Libertador and Vargas.  The text places Caracas and El Recreo, El Valle, La Vega, Antímano, Macarao, and Macuto in Libertador.  The law determines municipal powers so that federal political action is not obstructed.  (Art. 6; cf. 1929, Art. 6:  “El Recreo, El Valle, La Vega, Antímano, Maracao and Macuto”).

Caracas is the capital and seat of federal government, subject to the temporary relocation and official-visit provisions numbered 25(b) and 26 of Art. 100.  (Arts. 7, 100(25)(b), 100(26); cont., 1929, Arts. 7, 100(23)(b), 100(24)).

Amazonas and Delta Amacuro are Territorios Federales [Federal Territories] governed by special laws.  Changes to their boundaries, or those of the Distrito Federal [Federal District], with neighbouring Estados [States] require agreements between the federal and state executives approved by the Congreso [Congress] and the respective Asambleas Legislativas [Legislative Assemblies].  (Art. 8; cont., 1929, Art. 8).

A Territorio Federal [Federal Territory] may become a State if it has the population required for one deputy and demonstrates to the Congreso [Congress] its capacity to maintain and finance every branch of public service.  Venezuelan Caribbean islands other than Margarita and Coche, which constitute Nueva Esparta, are Dependencias Federales [Federal Dependencies] directly governed by the Ejecutivo Federal [federal executive] until elevated by law to Territorios Federales [Federal Territories].  (Arts. 9–10; cont., 1929, Arts. 9–10).

The Corte Federal y de Casación [Federal and Cassation Court] decides boundary disputes between Estados [States] and those involving the Distrito Federal [Federal District] or Territorios Federales [Federal Territories], according to statutory procedure.  (Arts. 11, 120(16); cont., 1929, Arts. 11, 120(16)).

POW-LEG—Congress

The Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela] exercises legislative power through the Cámara de Diputados [Chamber of Deputies] and Cámara del Senado [Senate].  Diputados [Deputies] and senators serve three years.  (Art. 55; cont., 1929, Art. 55).

Each State elects deputies directly under its electoral law:  one for every 35,000 inhabitants and one more for an excess of 15,000; a State below the base elects one.  An equal number of Suplentes [Alternates] fills vacancies in election order.  A deputy must be Venezuelan by birth and have completed twenty-one years.  The Distrito Federal [Federal District] and qualifying Territorios Federales [Federal Territories] also elect deputies directly; indígenas no reducidos [unreduced Indigenous people] are excluded from the population base.  (Arts. 56–58; cont., 1929, Arts. 56–58).

The Cámara de Diputados [Chamber of Deputies] may censure ministers whose acts warrant it in the Chamber’s judgment; the Presidente de la República [president] need not remove them unless the Corte Federal y de Casación [Federal and Cassation Court] declares legal grounds for trial.  The law may assign further powers.  (Art. 59; cont., 1929, Art. 59).

Each state Asamblea Legislativa [Legislative Assembly] elects two principal senators and two alternates from outside its membership.  Alternates fill vacancies in election order.  Senadores [Senators] must be Venezuelan by birth and over thirty.  (Arts. 60–61; cont., 1929, Arts. 60–61).

The Cámara del Senado [Senate] may authorize burial in the Panteón Nacional [National Pantheon] for illustrious Venezuelans twenty-five years after death; consent to national officials accepting foreign gifts, offices, honours, or rewards; and consent to military promotions from Coronel [Colonel] and naval promotions from Capitán de Navío [Naval Captain], inclusive.  (Art. 62(1–3); cont., 1929, Art. 62(1–3)).

The Cámara del Senado [Senate] also exercises the powers assigned to it by law.  (Art. 62(4); new; 1929, Art. 62:  no corresponding provision).

The Cámaras Legislativas [Chambers] meet annually in the capital on 19 April or the nearest possible day, without prior convocation, for ninety days without extension.  Every day and hour is available within that period.  Extraordinary sessions are confined to the subjects in the executive convocation and connected legislation requiring amendment.  (Art. 63; cont., 1929, Art. 63).

Two-thirds of the membership opens each Chamber; without that number, those present form a Comisión Preparatoria [Preparatory Commission] to secure attendance.  Subsequent sessions require an absolute majority.  Sessions are public unless the Chamber resolves otherwise.  (Arts. 64–65; cont., 1929, Arts. 64–65).

Each Chamber regulates its procedure and debates, maintains order in its building, disciplines disorder, removes impediments to its functions, executes its exclusive resolutions, qualifies its members, and hears their resignations.  Both Cámaras Legislativas [Chambers] sit in the same town and open and close together; suspension or relocation requires the other’s consent, with disagreement resolved in joint session.  (Arts. 66–67; cont., 1929, Arts. 66–67).

Public employment is incompatible with legislative membership during sessions.  Remuneration is fixed by law and cannot be increased before the following term.  (Arts. 68–69; cont., 1929, Arts. 68–69).

Legislative inmunidad [immunity] lasts from thirty days before 19 April until thirty days after sessions end.  Members cannot be imprisoned, arrested, confined, detained, or obstructed in their functions, even for offences committed during that interval.  Where a charge carries a penalty restricting personal liberty, the sumario [preliminary criminal investigation] is stayed while investigative steps proceed; the ordinary limit on its duration does not apply.  The protected period is excluded from judicial time limits, and the Cámaras Legislativas [Chambers] cannot waive members’ immunity.  (Art. 70; cont., 1929, Art. 70).

Art. 70(2) also exempts members from answering claims and prints the phrase “resolver juramentos ni posiciones”.  (Art. 70(2); cf. 1929, Art. 70(2):  “take an oath or answer judicial interrogatories”).

Members are not responsible for opinions expressed in their Cámaras Legislativas [Chambers] and cannot contract with the Ejecutivo Federal [federal executive] on their own or another’s behalf or pursue another person’s claims before it.  (Arts. 71–72; cont., 1929, Arts. 71–72).

The Asamblea Legislativa [state legislature] fills senatorial vacancies for the remainder of the term when death or another permanent vacancy exhausts or reduces the list described as the list of senators.  State constitutions and the Organic Law of the Distrito Federal [Federal District] govern vacancies in the Cámara de Diputados [Chamber of Deputies].  (Art. 73; cf. 1929, Art. 73:  “the list of the alternates of senators for a State”).

The Cámaras Legislativas [Chambers] meet jointly when the Constitution or laws require it, or upon an invitation accepted by the other Chamber.  Their co-legislative acts are Leyes [Laws]; joint acts and acts within a Chamber’s exclusive competence are Acuerdos [Resolutions].  The Cámara del Senado [Senate]’s presiding officer presides over Congreso [Congress], with the Cámara de Diputados [Chamber of Deputies]’ presiding officer as Vicepresidente del Congreso [Vice-President of Congress].  (Arts. 74–76; cont., 1929, Arts. 74–76).

In joint session Congreso [Congress] conducts assigned elections, considers presidential resignation, examines the annual presidential message and ministerial reports and accounts, admits qualifying territories as Estados [States], and reviews Créditos Adicionales [additional appropriations] under the provision numbered Art. 100(31).  Approval of Créditos Adicionales [additional appropriations] is expressed as “si se hubieren acordado con los límites indicados en la Atribución 31 del Artículo 100”.  (Art. 77; cf. 1929, Art. 77(6):  “in accordance with the indicated procedures”).

The Cámaras Legislativas [Chambers] decree national taxes and loans, regulate national debt, create and suppress federal offices, legislate on federal administration and currency, authorize disposal of national immovable property, enact the national budget, examine the census, establish territorial administration, and adjust the population base for deputies.  They legislate on pensions and military retirement benefits, decree war, require peace negotiations, regulate military recruitment and replacement, grant amnistías [amnesties], and legislate on ports, coasts, and the other matters assigned to federal competence.  Art. 78(4) prints “podrá autorizarse la circulación forzosa”; Art. 78(18) includes “Construcción Pública”.  (Art. 78(1–4, 6–7, 9–19); cf. 1929, Art. 78(4, 18):  “in no case and for no reason may compulsory circulation be decreed or authorized […] Public Instruction”).

Treaties and diplomatic conventions require legislative approval before ratification or exchange.  The timing of the Ejecútese [Let it be executed] on the approving law is expressed as “queda confinado a la discreción del Ejecutivo Federal” in accordance with international usage and the conduct of foreign relations.  Official publication follows ratification and exchange.  (Art. 78(5); cf. 1929, Art. 78(5):  “The approving law enacted by Congreso [Congress] shall not receive the ‘Let it be executed’ until it is established that the treaty has been accepted by the other party.”).

The Cámaras Legislativas [Chambers] standardize national weights and measures under the system printed as “sistema métrico nacional”.  (Art. 78(8); cf. 1929, Art. 78(8):  “according to the metric decimal system”).

A bill may originate in either Chamber upon introduction by at least three members, or through the competent minister on behalf of the executive.  After admission it receives three debates separated by at least one day, followed by the same procedure in the other Chamber and return to the originating Chamber with any amendments.  (Arts. 79–81; cont., 1929, Arts. 79–81).

Art. 82 prints the condition “Si la Cámara iniciadora admitiere las alteraciones” before allowing that Chamber to insist on its bill with written reasons.  If agreement is not reached, Congreso [Congress] jointly discusses the disputed and connected articles and decides by majority, with authority to adopt different wording.  (Art. 82; cf. 1929, Art. 82:  “If the originating Chamber does not accept the alterations”).

Rejected bills cannot be resubmitted before the following year’s sessions.  Pending bills require fresh presentation and the full debate procedure in a later year.  A law amending another is enacted in full and repeals the previous law entirely; repeal follows the formalities for enactment.  (Arts. 83–84, 86–87; cont., 1929, Arts. 83–84, 86–87).

Laws use the formula naming Congreso [Congress] followed by “Decrees”.  Enacted texts are prepared in duplicate without alteration, signed and dated by congressional officers, and sent for presidential and ministerial countersignature and official publication.  Printing errors require corrected republication or certified errata.  A law takes effect on its stated date or, failing that, upon official publication.  Legislative power cannot be delegated.  (Arts. 85, 88–91; cont., 1929, Arts. 85, 88–91).

Legislation is not retroactive except when it imposes a lesser penalty.  Procedural laws apply immediately to pending proceedings; previously taken evidence in criminal cases is assessed under the earlier law insofar as that benefits the accused.  (Art. 92; cont., 1929, Art. 92).

ECO-HAC—Treasury

Taxes require legal authorization, and national expenditure requires a budget appropriation or a previously decreed Crédito Adicional [Additional Appropriation].  Officials who infringe this rule are civilly liable to the Tesoro Nacional [National Treasury] for the sums paid.  Congreso [Congress] legislates on national taxes, credit, debt, currency, property disposal, and the budget; no specific expenditure may be ordered outside the budget by a special law or resolution.  (Arts. 48, 78(1–3), 78(4) (currency competence), 78(7, 9); cont., 1929, Arts. 48, 78(1–3), 78(4) (currency competence), 78(7, 9)).

Compulsory circulation of banknotes or paper representations of value is prohibited, and the gold standard is retained.  Federal competence includes currency, customs, the territorial tax collected at customs, stamp and other specified national taxes, saltworks, tierras baldías [ungranted public lands], pearl fisheries, and mines.  Exports remain free of taxation.  The banknote provision reads “podrá autorizarse la circulación forzosa”.  (Arts. 15(12, 14, 17–18), 78(4); cf. 1929, Art. 78(4):  “in no case and for no reason may compulsory circulation be decreed or authorized”).

Estados [States] retain ownership of saltworks, tierras baldías [ungranted public lands], their products, pearl fisheries, and mines within their jurisdiction, while the Ejecutivo Federal [federal executive] administers them.  Saltworks are inalienable, mining concessions temporary, and tierras baldías [public lands] may be sold, leased, or granted, with statutory preference for occupants.  Island tierras baldías [public lands] cannot be alienated or transferred indirectly through use concessions.  The revenues enter the Tesoro Nacional [National Treasury].  (Art. 15(18); cont., 1929, Art. 15(18)).

The Situado Constitucional [Constitutional Allocation] equals twelve per cent of national revenue received in the previous calendar year and is distributed among Estados [States], the Distrito Federal [Federal District], and Territorios Federales [Federal Territories] in proportion to population.  State revenues also include stamped-paper, consumption, and other lawful taxes.  Estados [States] cannot establish customs or levy the prohibited import, export, transit, federal, or municipal taxes, discriminate against outside products, tax goods before consumption, or impose taxes payable in personal labour or its monetary equivalent.  The transit clause in Art. 17(4)(3)(b) prints “cualquiera que sea su procedencia, que pase para otro Estado”.  (Art. 17(4); cf. 1929, Art. 17(4)(3)(b):  “nor goods, whatever their provenance, passing to another State”).

The prohibition on requiring federal assistance in collecting state taxes refers to “administración local federal” in the 1931 recension.  (Art. 17(4)(3)(d); cf. 1929, Art. 17(4)(3)(d):  “the federal fiscal administration”).

Municipalidades [Municipalities] organize their revenues under the state-tax restrictions and the prohibition on licence taxes upon agriculture, livestock raising, and fishing for edible fish.  Estados [States] and Municipalidades [Municipalities] cannot borrow abroad; public-interest contracts cannot be transferred to foreign governments or made with companies not legally domiciled in Venezuela, and contractual disputes belong to Venezuelan courts without foreign claims.  For national and state licence taxes on those industries, Art. 18(3) reads “Estas industrias podrán tampoco ser gravadas con patentes Nacionales ni de los Estados”.  (Arts. 18(3), 24, 50; cf. 1929, Art. 18(3):  “Nor may these industries be taxed”).

Additional appropriations require the Presidente de la República [president] in the Consejo de Ministros [Council of Ministers] to establish an insufficient budget chapter or an unforeseen expense and available funds without impairing ordinary expenditure, which has priority.  Congreso [Congress] examines them under the clause “con los límites indicados”.  The minister responsible for “la Administración General de las Cuentas de la Nación” submits annually “el Presupuesto General de Rentas y Gastos Públicos”, prepared in consultation with the other ministers; ministers account for the funds they administer.  Civil pensions and military retirement and survivor benefits are regulated by general laws and funded in aggregate budget allocations.  (Arts. 77(6), 78(13), 100(31), 109; cf. 1929, Arts. 77(6), 109:  “in accordance with the indicated procedures […] General Administration of the Revenues of the Nation […] the Draft Law of the General Budget of Public Revenues and Expenditures”).

POW-EXE—Executive

Sovereignty resides in the people and is exercised through the public powers.  Public power is distributed among the federal, state, and municipal levels; federal power comprises legislative, executive, and judicial branches.  Defined powers limit each authority; excess constitutes usurpation, and the law determines the nullity of acts exceeding competence.  Decisions obtained through force or a subversive popular assembly are null.  (Arts. 40–43, 51; cont., 1929, Arts. 40–43, 51).

Federal administration not constitutionally assigned elsewhere 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] through federal employees and agents, with state assistance where constitutionally permitted.  (Arts. 93–94; cont., 1929, Arts. 93–94).

The Presidente de la República [president] must be Venezuelan by birth, over thirty, and in possession of civil and political rights.  Between the age and rights requirements, the recension prints the words “de estado”.  (Art. 95; cf. 1929, Art. 95:  “of estado seglar [lay status]”).

Congreso [Congress] elects the Presidente de la República [president] within the first fifteen days of its installation in the year beginning the constitutional term, with at least five days’ published notice.  The Presidente de la República [president] takes the oath before Congreso [Congress], or before the Corte Federal y de Casación [Federal and Cassation Court] when unable to do so before Congreso [Congress].  (Arts. 96, 99; cont., 1929, Arts. 96, 99).

A designated minister fills temporary presidential absences.  Congreso [Congress] fills a permanent vacancy for the rest of the term and is summoned extraordinarily if necessary.  Until the Presidente electo [elected president] takes office, the minister already acting continues; if none is acting, the Gabinete [Cabinet] elects a minister by majority.  Absence from the capital within the Republic does not constitute temporary absence from office; the Presidente de la República [president] may send instructions to ministers and receive foreign diplomatic ministers elsewhere in the country.  (Arts. 97–98, 100(4); cont., 1929, Arts. 97–98, 100(2)).

Federal constitutional periods run for seven years from 19 April 1929.  Presidential service lasts from the oath until 19 April of the final year, when executive power passes to the member or alternate designated by the Corte Federal y de Casación [Federal and Cassation Court], who remains until the successor elected by Congreso [Congress] takes office.  (Arts. 54, 103, 120(17); cont., 1929, Arts. 54, 103, 120(17)).

The Presidente de la República [president] is always Comandante en Jefe del Ejército Nacional [Commander-in-Chief of the National Army].  Presidential powers include commanding the Ejército [Army], Aviación [Aviation], and Armada [Navy] personally or through appointees, fixing the strength of the land and sea forces, regulating that command, and directing war.  (Arts. 45, 100(2–3); cf. 1929, Art. 128:  “Congreso [Congress] shall elect, for the current constitutional period, a Comandante en Jefe del Ejército Nacional [Commander-in-Chief of the National Army]”).

The Presidente de la República [president] may entrust the presidency temporarily to a minister and resume it within the term.  The Presidente de la República [president] retains command and direction of war under powers 2 and 3; the acting minister must exercise powers 1, 6, 7, 19, 20, 25, 27, and 28 in agreement with him.  These concern ministers, the Distrito Federal [Federal District] and territories, extraordinary congressional sessions, declaration of war, emergency powers, armed conflict between Estados [States], and functions delegated by state constitutions.  (Art. 100(8); cf. 1929, Arts. 100(6), 128:  “with whom the Presidente de la República [President of the Republic] shall exercise in agreement powers 1, 4, 17, 18, 23, 25 and 27 of Article 100 of the Constitution”).

The Presidente de la República [president] appoints and removes ministers, receives foreign diplomatic ministers, signs official letters to heads of state, and administers the Distrito Federal [Federal District] and Territorios Federales [Federal Territories].  (Art. 100(1, 4–7); cont., 1929, Art. 100(1–5)).

The Presidente de la República [president] orders execution and publication of the Constitution and laws; issues implementing decrees and regulations in the Consejo de Ministros [Council of Ministers] without altering their spirit, purpose, or reason; negotiates authorized loans; regulates health, postal, telegraph, and telephone services; and orders the census and submits it to Congreso [Congress].  (Art. 100(9–13); cont., 1929, Art. 100(7–11)).

Through the competent ministers the Presidente de la República [president] issues navigation licences and nationality certificates, appoints and removes national officials whose selection belongs to no other authority, and administers national revenues.  With the prescribed Gabinete [Cabinet] or Council approval, the Presidente de la República [president] creates and funds necessary services during legislative recess, orders the Ministerio Público Federal [Federal Public Ministry] to prosecute officials, and convenes Congreso [Congress] extraordinarily.  The Presidente de la República [president] declares war when Congreso [Congress] has decreed it.  (Art. 100(14–21); cont., 1929, Art. 100(12–19)).

The Presidente de la República [president] conducts diplomatic negotiations personally or through the competent minister and concludes treaties through chosen plenipotentiaries with Council approval and subsequent legislative approval.  Treaties cannot impair Arts. 37–39 and must provide for settlement of differences over interpretation or execution by peaceful means recognized in international law.  (Art. 100(22); cf. 1929, Art. 100(20):  “shall be decided by arbitration”).

The Presidente de la República [president] concludes authorized national-interest contracts through the competent ministers with Council approval and submits them to Congreso [Congress]; may prohibit foreign entry and expel foreigners in legally permitted cases; and, during war, exercises the specified emergency powers, including requesting state assistance, relocating federal powers, ordering treason prosecutions, reorganizing rebel-held Estados [States], issuing patentes de corso [letters of marque], and authorizing reprisals.  (Art. 100(23–25); cont., 1929, Art. 100(21–23)).

Official visits with ministers to Estados [States] or territories require regulation of current administration in Caracas.  Art. 100(26) states “el Poder Ejecutivo Federal será el sitio donde se hallare el Presidente”.  The Presidente de la República [president] may end armed conflict between Estados [States] after good offices fail, grant indultos [pardons], and issue public-land and mining-concession titles.  Art. 100(28) names the delegated powers as “las acciones que éstos le delegaren”.  (Art. 100(26–30); cf. 1929, Art. 100(24, 26):  “the seat of the Poder Ejecutivo Federal [Federal Executive Power] shall be the place where the Presidente [president] is located […] the functions which they delegate to him”).

The Presidente de la República [president] accounts annually to Congreso [Congress] for administrative acts and the state of the Republic, personally or through a minister, within the first ten days of ordinary sessions.  Presidential responsibility is limited to treason against the Nation and ordinary offences.  (Arts. 101 (first paragraph), 102; cont., 1929, Arts. 101 (first paragraph), 102).

The final paragraph of Art. 101 requires presentation of the annual message on 19 April, or its signed deposit with the Encargado de la Presidencia [acting president] if Congreso [Congress] has not assembled, in the year identified by its printed reference to “Artículo 10”.  (Art. 101 (final paragraph); cf. 1929, Art. 101 (final paragraph):  “In the year referred to in Article 103”).

Ministros del Despacho [Ministers] are the legally required presidential organs; the law determines their departments and duties.  Presidential decrees require the competent ministerial countersignature, except appointment of ministers and the acting-presidency arrangement numbered Art. 100(8).  A freely appointed and removable governor is the presidential organ in the Distrito Federal [Federal District].  (Arts. 104–105; cont., 1929, Arts. 104–105).

Ministros del Despacho [Ministers] must be Venezuelan by birth, over thirty, and possess civil and political rights.  Decisions are made in Gabinete [Cabinet] when the Constitution or law requires it or the Presidente de la República [president] convenes it; otherwise the competent ministers countersign or order execution. Ministros del Despacho [Ministers] remain personally responsible notwithstanding written presidential orders, with joint responsibility for Gabinete [Cabinet] decisions.  (Arts. 106–108; cont., 1929, Arts. 106–108).

Ministros del Despacho [Ministers] submit reasoned and documented reports and accounts within the first ten days of annual sessions, and in the final presidential year on 19 April or by deposit with the Encargado de la Presidencia [acting president] for later transmission.  They have the right to speak in the Cámaras Legislativas [Chambers] and must attend when summoned.  (Arts. 109 (first and final paragraphs), 110; cont., 1929, Arts. 109 (first and final paragraphs), 110).

The prohibition on holding two paid public offices excepts the preceding article on combined civil and military authority.  Otherwise acceptance of a second office vacates the first, with exceptions for inactive alternates and employment in academies, hospitals, incidental courts, and teaching institutions.  (Art. 46; cf. 1929, Art. 46:  “No individual may hold more than one paid public office at the same time.”).

Officials bear individual responsibility for exceeding constitutional powers or violating the law governing their office, subject to the presidential rule in Art. 102, and are punishable for other offences.  Acceptance of foreign gifts, offices, honours, or rewards requires Cámara del Senado [Senate] authorization.  The law governs the oath taken upon entering national public employment.  (Arts. 44, 49, 53; cont., 1929, Arts. 44, 49, 53).

POW-JUD—Judiciary

Judicial power resides in the Corte Federal y de Casación [Federal and Cassation Court] and the other courts established by law.  Federal judges are appointed for a fixed period and may be removed during it only in cases determined by law.  (Arts. 116–117; cont., 1929, Arts. 116–117).

The Corte Federal y de Casación [Court] has seven Vocales [Members], Venezuelan by birth, over thirty, and lawyers of the Republic, serving seven years and remaining until replaced.  It acts in Salas [Divisions] constituted by law.  Congreso [Congress] elects each member separately by absolute majority within the first thirty days of sessions in the opening year of the period, together with seven numbered alternates.  Alternates fill temporary and permanent vacancies in order; the Corte Federal y de Casación [Court] fills incidental absences, and Congreso [Congress] replenishes the list.  (Arts. 118–119; cont., 1929, Arts. 118–119).

The Corte Federal y de Casación [Court] hears accusations against the Presidente de la República [president] or Encargado de la Presidencia [acting president], ministers, the Procurador General [Procurator General], the Distrito Federal [Federal District] governor, its own members, Presidentes de los Estados [state presidents], and designated senior state officials.  It hears the specified cases concerning diplomatic officials, recursos de casación [appeals in cassation] and other assigned appeals, causas de presas [prize cases], intergovernmental disputes, and conflicts of judicial competence where no other competent authority exists.  (Art. 120(1–8); cont., 1929, Art. 120(1–8)).

The Corte Federal y de Casación [Court] annuls national or state laws conflicting with the Constitution, limiting nullity to the conflicting provisions unless their connection requires invalidation of the whole law.  It resolves conflicts between laws or their provisions and annuls acts violating state rights or autonomy and the prescribed restrictions on state and municipal taxation.  (Art. 120(9–11); cont., 1929, Art. 120(9–11)).

The Corte Federal y de Casación [Court] annuls executive regulations altering the spirit, reason, or purpose of laws and the acts within Arts. 42–43 issued by national or Distrito Federal [Federal District] authorities or senior state officials.  Ministerial resolutions concerning execution, interpretation, or lapse of a federal contract require contentious proceedings under the following provision.  (Art. 120(12); cont., 1929, Art. 120(12)).

An action seeking nullity of an administrative act for illegality or abuse of power expires thirteen months after publication of the act.  Illegality may always be pleaded as a defence.  (Art. 120(12), second paragraph; new; 1929, Art. 120(12):  no corresponding provision).

In contentious proceedings the Corte Federal y de Casación [Court] decides disputes concerning federal contracts, mining concessions, public-land grants, and refusal of titles claimed as due, except matters reserved by the applicable law to executive decision without judicial recourse.  It also hears claims for damages and other monetary claims against the Nation, and boundary disputes.  (Art. 120(13, 15–16); cont., 1929, Art. 120(13, 15–16)).

The Corte Federal y de Casación [Court] gives foreign judgments enforceable effect under statutory conditions, subject to the printed reservation concerning “dictados públicos”.  (Art. 120(14); cf. 1929, Art. 120(14):  “subject to the provisions of public treaties”).

The Corte Federal y de Casación [Court] designates the member or alternate who exercises the executive at the constitutional transition, and performs its other legally assigned federal functions.  For accusations against officials within Art. 120(1–2), it first decides whether grounds for proceedings exist; an affirmative decision suspends the accused from office.  Ordinary offences pass to the competent ordinary court; political offences remain before the Corte Federal y de Casación [Court] through final judgment.  The Corte Federal y de Casación [Court] submits an annual report and proposed legal reforms to Congreso [Congress].  (Arts. 120(17–18), 121–122; cont., 1929, Arts. 120(17–18), 121–122).

The Ministerio Público Federal [Federal Public Ministry] represents the Ejecutivo Federal [federal executive] before federal and, when necessary, state courts.  It is headed by the Procurador General de la Nación [Procurator General of the Nation], freely appointed and removed by the Presidente de la República [president], with subordinate appointments regulated by law.  Its duties include securing lawful adjudication in the specified cases, providing legal opinions, conducting the fiscal ministry in proceedings against designated officials, and defending the Nation in litigation under executive instructions.  (Arts. 111–115; cont., 1929, Arts. 111–115).

At the executive’s request the Procurador General [Procurator General] initiates accusations against federal officials who give grounds for prosecution.  (Art. 114(3); cf. 1929, Art. 114(3):  “accusation against officials who give grounds for prosecution”).

Federal judicial competence extends to the Corte Federal y de Casación [Court], ordinary courts in the Distrito Federal [Federal District] and Territorios Federales [Federal Territories], and federal courts acting in the Estados [States] in the listed national, military, land, mining, salt, and tax matters and other statutory cases.  (Art. 15(7); cf. 1929, Art. 15(7):  “The law may assign to the courts of the Estados [States] the functions of federal courts.”).

POW-SUB—Subnational Government

The Estados [States] recognize one another’s autonomy and political equality and retain sovereignty not delegated.  They must preserve national independence, integrity, and unity, and may neither ally with foreign powers, seek their protection, nor cede them territory.  (Art. 12; cf. 1929, Art. 12:  “the sovereignty not delegated in this Constitution”).

The Union and each State have republican, federal, democratic, elective, representative, responsible, and alternating government.  Districts enjoy municipal autonomy in administration, subject to constitutional restrictions; during foreign or civil war the state executive may also assume district administration under the constitutional provision.  (Arts. 13–14; cont., 1929, Arts. 13–14).

Estados [States] reserve to federal competence international relations; national symbols and honours; protection of national interests and peace; the listed civil, commercial, penal, procedural, economic, health, natural-resource, labour, intellectual-property, registry, migration, and guarantees legislation; weights and measures; supervision of national law; the census; and organization of the Distrito Federal [Federal District], territories, and dependencies.  They must execute federal laws and lawful federal orders in those matters.  (Arts. 15(1–6, 10–11, 20), 16; cont., 1929, Arts. 15(1–6, 10–11, 20), 16).

Estados [States] adopt their constitutions and organic laws and elect their public powers.  The 1931 text permits delegation of specified powers to the Presidente de la República [president] through state constitutions and laws.  (Art. 17(1–2); cf. 1929, Art. 17(2):  “in the Constitutions of those Estados [States] which so decide”).

Estados [States] administer civil and criminal justice except matters reserved to federal judges; their judgments are reviewable only through the legally prescribed recourses to the Corte Federal y de Casación [Federal and Cassation Court]. Municipalidades [Municipalities] organize police, supplies, cemeteries, ornamentation, civil architecture, lighting, waterworks, urban tramways, and similar services; their sanitary service follows federal law and inspection.  They administer ejidos [municipal common lands] and their own land, which may be alienated only for construction.  The sanitary-inspection clause reads “bajo la inspección del servicio sanitario federal”.  (Arts. 17(3), 18(1–2); cf. 1929, Art. 18(1):  “under the supreme supervision of the federal sanitary service”).

The residual reservation of state rights describes the Estados [States] as “entidades económicas”.  (Art. 17(5); cf. 1929, Art. 17(5):  “autonomous entities”).

Estados [States] and Municipalidades [Municipalities] recognize and execute the public and judicial acts of other federal entities.  Federal judges, public-ministry officials, administrative employees, tax officers, and designated forces may serve within the Estados [States]; their jurisdiction is confined to their functions, without personal privilege or incompatible state duties.  Federal works may be constructed in state territory.  (Arts. 19–21; cont., 1929, Arts. 19–21).

Estados [States] cannot permit recruitment directed against foreign independence or domestic peace, wage war against one another, or abandon neutrality in interstate disputes unless required to act by the federal government.  Two or more Estados [States] may unite while retaining the right to recover autonomy, with notice to the Ejecutivo Federal [federal executive], Congreso [Congress], and the other Estados [States].  (Arts. 22–23, 25; cont., 1929, Arts. 22–23, 25).

Official documents use the calendar date and the eras of Independence, counted from 19 April 1810, and Federation, counted from 20 February 1859.  Existing state constitutions remain in force until repealed by the Estados [States].  (Arts. 26, 129; cont., 1929, Arts. 26, 131).

CON-AMD—Amending the Constitution

Congreso [Congress] declares total or partial constitutional reform in ordinary sessions upon requests from three-quarters of Asambleas Legislativas [state legislatures] in ordinary sessions; amendments and additions concern the points on which a majority of Estados [States] agree.  They follow the legislative procedure and are submitted to the Asambleas Legislativas [state legislatures] for ratification.  (Arts. 123–125; cont., 1929, Arts. 123–125).

Congreso [Congress] may itself initiate amendments and additions, which require ratification by two-thirds of Asambleas Legislativas [state legislatures].  Whether the initiative originates with the Estados [States] or the Cámaras Legislativas [Chambers], the final state vote returns to Congreso [Congress] for scrutiny.  (Arts. 126–127; cont., 1929, Arts. 126–127).

CIV-SUF—Suffrage

Venezuelans over twenty-one, not subject to interdiction or a penal conviction involving political disqualification, are electors and eligible for public office, subject to constitutional restrictions and statutory requirements of competence or capacity.  (Art. 32(12); cont., 1929, Art. 32(12)).

State constitutions must provide direct and secret voting for Concejos Municipales [municipal councils], Asambleas Legislativas [state legislatures], and congressional deputies on the basis of the Censo electoral [electoral register] under federal law.Diputados [Deputies] are directly elected under Arts. 56 and 58; senators are elected by Asambleas Legislativas [state legislatures] from outside their membership. Congreso [Congress] elects the Presidente de la República [president] and members of the Corte Federal y de Casación [Federal and Cassation Court].  (Arts. 17(1), 56, 58, 60, 96, 119; cont., 1929, Arts. 17(1), 56, 58, 60, 96, 119).

CIV-CIT—Citizenship

Venezuelan nationality is held by birth or acquired by naturalización [naturalization].  Birth nationality includes persons born in the Republic and children of Venezuelan parents wherever born.  Naturalization includes adult children born abroad of a naturalized Venezuelan father or mother who establish domicile in Venezuela and declare their intention to be Venezuelan; persons born in Ibero-American republics who reside in Venezuela and declare their intention; recipients of naturalización [naturalization] certificates; and foreign women married to Venezuelans during marriage or, upon declaration within the year following dissolution, after that dissolution.  (Arts. 27–29; cont., 1929, Arts. 27–29).

The prescribed declarations are made before the principal registrar of the domicile, entered in the protocol, and transmitted for official publication after statutory formalities.  Nationality is not acquired before publication.  Venezuelans must defend the Nation, obey the Constitution, laws, and lawful public orders, and may not undertake service against Venezuela.  Foreigners’ rights and duties are determined by law and cannot exceed Venezuelans’ rights and duties.  (Arts. 30–31, 37; cont., 1929, Arts. 30–31, 37).

Foreigners taking part in Venezuelan political conflicts incur the same responsibilities as Venezuelans and the measures specified in Art. 36(3).  Nationals and foreigners cannot claim public compensation for damage, loss, or expropriations not caused by legitimate authorities acting officially.  (Arts. 38–39; cf. 1929, Art. 38:  “number V of Article 36”).

RTS-GAR—Rights

Life is inviolable and the death penalty cannot be established or applied.  Property is subject to lawful taxation and taking for public-utility works only through juicio contradictorio [adversarial proceedings] and prior compensation.  Owners must observe statutory public-health and conservation obligations for the community’s benefit.  The conservation provision names “bosques y sábanas”.  (Art. 32(1–2); cf. 1929, Art. 32(2):  “forests and waters”).

Postal and telegraphic correspondence and private papers are inviolable; seizure requires a competent judicial order and statutory formalities, preserving the secrecy of private matters unrelated to the case.  Entry into the home is limited to preventing offences, executing lawful judicial decisions, and sanitary visits authorized by law.  (Art. 32(3–4); cont., 1929, Art. 32(3–4)).

Personal liberty includes abolition of forcible military recruitment, with service governed by law; perpetual prohibition of slavery and freedom for enslaved persons entering the Republic; and freedom to do what harms no other person, with no obligation or prohibition except as established by law.  (Art. 32(5); cont., 1929, Art. 32(5)).

Freedom of thought extends to speech, writing, and print, subject to statutory punishment for insult, calumny, defamation, or incitement to offend.  Communist propaganda remains prohibited.  (Art. 32(6); cf. 1929, Art. 32(6):  “insult, calumny, defamation, outrage or incitement to offend”).

Freedom of movement includes travel without a passport, change of domicile under legal formalities, departure and return with property.  Work and industry are free subject to public order and good morals; monopolies are prohibited.  Statutory privilegios temporales [temporary privileges] may cover intellectual property, inventions, trademarks, and the listed transport and communications concessions financed by concessionaires without guaranteed returns or public subsidy.  (Art. 32(7–8); cont., 1929, Art. 32(7–8)).

Unarmed public or private assembly is free from official coercion; association remains subject to statutory restrictions.  Petitioners are entitled to a timely response, and citizens may accuse officials before competent courts for breach of duty.  Teaching is free.  (Art. 32(9–11, 13); cont., 1929, Art. 32(9–11, 13)).

Individual security prohibits imprisonment for non-criminal debt, specially constituted tribunals, detention without preliminary evidence and a reasoned written order except in flagrante delicto, and incommunicado detention.  The preliminary investigation cannot continue for more than thirty days after detention.  (Art. 32(15)(a–d); cont., 1929, Art. 32(15)(a–d)).

No person may be compelled to swear or submit to criminal interrogation against himself, his ascendants, or relatives within the fourth degree of consanguinity or second of affinity.  (Art. 32(15)(e); cf. 1929, Art. 32(15)(e):  “nor against the spouse”).

Detention must cease when a final judicial decision removes its basis or sufficient lawful bail is given.  Criminal punishment requires personal notice of the charge and a hearing.  Penalties restricting personal liberty cannot exceed twenty years; infamous and perpetual penalties are prohibited.  No person may be tried twice for the same offence.  (Art. 32(15)(f–i); cont., 1929, Art. 32(15)(f–i)).

Equality requires common laws and protection, equal duties and contributions, and exemptions only where law permits.  Hereditary distinctions, nobility titles, and remuneration continuing beyond service are prohibited.  Official forms of address are citizen and usted, except diplomatic forms.  The enumeration does not deny other rights.  Laws and municipal ordinances impairing guaranteed rights are null, as declared by the Corte Federal y de Casación [Court]; officials responsible for violating guarantees are punishable, subject to the stated emergency exception.  (Arts. 32(16), 33–35; cont., 1929, Arts. 32(16), 33–35).

In foreign or civil war, or imminent danger of either, the Presidente de la República [president] in the Consejo de Ministros [Council of Ministers] declares the circumstances and suspends guarantees nationally or in a specified area until peace is restored.  Life remains inviolable, infamous punishments prohibited, and confiscation barred except reciprocal wartime reprisals against enemy nationals.  Arrest, confinement, and expulsion measures against persons opposed to peace end with their causes, except that foreign expulsions may remain.  (Art. 36; cont., 1929, Art. 36).

REG-MIL—The Military

Ejército [Army], Armada [Navy], and Aviación Militar [Military Aviation] are federal matters.Estados [States] and Municipalidades [Municipalities] may maintain only police and prison guards unless otherwise ordered federally. Ejército [Army] contingents are apportioned by population; legislation regulates citizen militias and may provide contractual enlistment.  All war materiel in or entering the country belongs to the Nation.  (Art. 15(8); cont., 1929, Art. 15(8)).

Civil and military authority cannot be exercised by the same official except the Presidente de la República [president], who is always Comandante en Jefe del Ejército Nacional [Commander-in-Chief of the National Army], or a civil official assigned military functions under law in wartime.  The Presidente de la República [president] commands the Ejército [Army], Aviación [Aviation], and Armada [Navy] and directs war.  (Arts. 45, 100(2–3); cf. 1929, Arts. 45, 128:  “except the Presidente de la República [President of the Republic], or in case of war”).

Armed forces are non-deliberative, passive, and obedient; they may demand assistance only through civil authorities under law and remain quartered during electoral periods.  Commanders who infringe these rules are punishable.  Estados [States] cannot organize recruitment against foreign independence or internal peace, or wage war upon one another.  The Cámara del Senado [Senate] approves specified senior promotions; Congreso [Congress] legislates on military recruitment, replacement, pensions, ports, and coasts and decrees war.  (Arts. 22–23, 47, 62(3), 78(13–15, 17); cont., 1929, Arts. 22–23, 47, 62(3), 78(13–15, 17)).

The Presidente de la República [president] elected on 19 June of the current year assumes office upon taking the oath and serves the remainder of the constitutional term.  Until that inauguration, military command remains with the Comandante en Jefe del Ejército Nacional [Commander-in-Chief of the National Army].  (Art. 128 (first paragraph); cf. 1929, Arts. 128–129:  “The election of the Presidente de la República [President of the Republic] and that of the Commander-in-Chief of the Ejército [Army] for the period from 1929 to 1936”).

REG-REL—Religion

Religious freedom remains subject to supreme executive supervision of worship under the laws and preservation of Patronato Eclesiástico [ecclesiastical patronage].  (Art. 32(14); cont., 1929, Art. 32(14)).

The Nation exercises Patronato Eclesiástico [Ecclesiastical Patronage] under the law dated in the recension 28 July 1928.  (Art. 52; cf. 1929, Art. 52:  “the law of 28 July 1824”).

The presidential qualification is printed as “de estado” between the age and civil-and-political-rights requirements.  (Art. 95; cf. 1929, Art. 95:  “of estado seglar [lay status]”).

ECO-INF—Infrastructure

Federal competence covers air, maritime, and river navigation, docks and landing works, postal, telegraph, telephone, and wireless services, national roads crossing federal-entity boundaries, aerial haulage cables, and railways.  Urban tramways and haulage cables remain municipal matters.  Navigation on waterways requiring no special works cannot be restricted by taxes or privileges.  Federal public works do not preclude state or municipal works.  The railway clause reads “y que estén dentro de los límites de un Estado”.  (Art. 15(13, 15–16, 19); cf. 1929, Art. 15(16):  “even when situated within the boundaries of a State”).

Federal works in state territory include forts, docks, warehouses, shipyards, penitentiaries, and quarantine stations.  Municipal services include lighting, waterworks, civil architecture, and urban tramways.  Congressional approval is required for the specified railway, aerial-cable, communications, immigration, and other national-interest contracts, except mining concessions and public-land titles issued under their laws.  (Arts. 18(1) (lighting, waterworks, civil architecture, and urban tramways), 21, 78(6); cont., 1929, Arts. 18(1) (lighting, waterworks, civil architecture, and urban tramways), 21, 78(6)).

Congreso [Congress] legislates on navigation, docks, postal and communications services, railways, national roads and mechanically propelled traffic, tierras baldías [public lands], saltworks, pearl fisheries, and mines.  The Presidente de la República [president] regulates the enumerated communications and health services and issues navigation, public-land, and mining titles.  Temporary transport and communications privileges remain subject to the constitutional financing restrictions.  The legislative list also contains “Construcción Pública”.  (Arts. 32(8), 78(18), 100(12, 14, 30); cf. 1929, Art. 78(18):  “Public Instruction”).

Federal law governs public instruction; primary instruction is compulsory and instruction in official institutions is free.  (Art. 15(9); cf. 1929, Art. 15(9):  “Elementary primary instruction is compulsory”).

The Estados [States] and Municipalidades [Municipalities] cooperate in national census and statistical work under law.  Official acts requiring a population base use the most recent census approved by Congreso [Congress], for the Nation, Estados [States], Distrito Federal [Federal District], and Territorios Federales [Federal Territories].  The census is conducted at the intervals established by law.  (Art. 15(10); cont., 1929, Art. 15(10)).

CON-FIN—Final Provisions

The Presidente de la República [president] elected on 19 June 1931 assumes office on taking the oath and serves the remainder of the constitutional period; military command remains with the Commander-in-Chief until that inauguration.  The period beginning on 19 April 1929 continues for the legislative and judicial branches.  Existing state constitutions remain in force until repealed.  (Arts. 128–129; cf. 1929, Arts. 128–131:  “the current officials shall continue to serve until the end of the period for which they were elected”).

The Constitution is promulgated once congressional scrutiny establishes state ratification and takes effect upon publication in the Gaceta Oficial [Official Gazette].  (Art. 130; cf. 1929, Art. 132:  “with the ‘Let it be executed’ of the Encargado del Poder Ejecutivo [Acting Head of the Executive Power]”).

The Constitution drafted on 29 May 1929, ordered complied with by the Acting Head of the Executive and published that day, is repealed.  The 1931 constitutional closing bears 7 July; its execution formula bears 9 July and the signature P. ITRIAGO-CHACIN.  (Art. 131; closing and execution formulas; cf. 1929, Art. 133:  “The Constitution issued on 23 May 1928 is repealed”).

Sanctioning Agreement

The agreement declares the Constitution sanctioned, directs its signature by the members of Congreso [Congress] and the presentation of an authentic copy to the Encargado del Poder Ejecutivo [Acting Head of the Executive Power] for execution, and orders publication of the agreement with the Constitution.  Its introductory recital records ratification with the printed word “únicamente”.  (CIDEP 1931, p. 3, agreement, introductory recital and Arts. 1–2).

Recension

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

20) The Constitution of 1936

The 1936 Constitución de los Estados Unidos de Venezuela [Constitution of the United States of Venezuela] was declared sanctioned by the congressional agreement dated 16 July 1936 at the Palacio Federal Legislativo [Federal Legislative Palace], Caracas.  The constitutional closing bears that date; President Eleazar López Contreras ordered its execution at the Palacio Federal [Federal Palace], Caracas, on 20 July 1936.  (CIDEP 1936, pp. 3, 26–27, agreement, closing and execution formulas).

Fundación Empresas Polar:  Eleazar López Contreras.

DOC-PRE—Preamble

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

“The Congreso de los Estados Unidos de Venezuela [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, decrees this Constitution.”

(CIDEP 1936, p. 4, preamble).

FND-TER—Territory

The Nación Venezolana [Venezuelan Nation] consists of all Venezuelans in a political pact named the Estados Unidos de Venezuela [United States of Venezuela] and remains permanently and irrevocably free from foreign domination or protection.  National territory comprises 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. 1, 3–4; cont., 1931, Arts. 1, 3–4).

Territory remains that of the Capitanía General de Venezuela [Captaincy General of Venezuela] before 1810, as modified by treaties.  The prohibition on alienation to a foreign power, even temporarily, applies to the whole territory or any part.  (Art. 2; cf. 1931, Art. 2:  “This territory may never be ceded, transferred, leased or otherwise alienated”).

State boundaries derive from the 1856 provincial law, subsequent federal entities, the Constitution dated 5 August 1909, and later boundaries declared or agreed between Estados [States].  Neighbouring Estados [States] may make reciprocal territorial compensation or cessions and restore previous cessions by agreements approved by their legislatures.  (Art. 5; cf. 1931, Art. 5:  “and those agreed in 1917 between the Estados [States] of Aragua and Carabobo”).

The Distrito Federal [Federal District] comprises the departments printed as Libertad and Vargas.  The first includes Caracas, El Recreo, El Valle, La Vega, Antímano, and Maracao; Vargas includes La Guaira, Maiquetia, Macuto, Caraballeda, Carayaca, Naiguatá, and Caruao.  A special law preserves federal political action; the municipality is autonomous in economic and administrative affairs, subject to Art. 18(3).  (Art. 6; cf. 1931, Art. 6:  “The Distrito Federal [Federal District] shall be organized by special law and shall comprise the Departments of Libertador and Vargas.”).

Caracas is the capital and federal seat, subject to temporary relocation and official visits, referenced as Art. 100(23)(b) and (24).  Amazonas and Delta Amacuro remain Territorios Federales [Federal Territories] organized by special laws; boundary agreements with neighbouring Estados [States] require federal and state legislative approval.  (Arts. 7–8; cont., 1931, Arts. 7–8).

Existing and future Territorios Federales [Federal Territories] may become Estados [States] upon attaining the deputy population base and demonstrating financial and administrative capacity to Congreso [Congress].  Venezuelan Caribbean islands other than Margarita and Coche remain Dependencias Federales [Federal Dependencies] under direct Ejecutivo Federal [federal executive] government and may be elevated to Territorios Federales [Federal Territories].  The Corte Federal y de Casación [Court] adjudicates boundary disputes.  (Arts. 9–11; cf. 1931, Art. 9:  “and the others created in accordance with the following Article”).

POW-LEG—Congress

Congreso [Congress] remains bicameral.  Senadores [Senators] and deputies serve four years, with half renewed every two years.  The first renewal occurs upon approval of the Constitution, determined by Asambleas Legislativas [state legislatures] for senators and assemblies of Concejos Municipales [municipal councils] in the state capitals for deputies; where the number of deputies is odd, the majority is renewed.  (Art. 54; cf. 1931, Art. 55:  “They shall serve for three years.”).

Municipalidades [Municipalities] assembled within each State elect deputies, one per 35,000 inhabitants and one additional deputy for an excess of 15,000; a State below the base elects one.  An equal number of alternates fills vacancies in election order.  The Distrito Federal [Federal District] and qualifying Territorios Federales [Federal Territories] elect under the same article, excluding indígenas no reducidos [unreduced Indigenous people] from the population base.  (Arts. 55, 57; cf. 1931, Arts. 56, 58:  “each State shall elect by direct vote”).

Diputados [Deputies] must be Venezuelan by birth, have completed twenty-five years, and be native to the electing State or Distrito Federal [Federal District] or have resided there during the three immediately preceding years.  (Art. 56; cf. 1931, Art. 57:  “to be Venezuelan by birth and to have completed twenty-one years”).

The Cámara de Diputados [Chamber of Deputies] retains ministerial censure, without obligatory removal until the Corte Federal y de Casación [Court] finds grounds for trial, and other statutory powers.  Each Asamblea Legislativa [state legislature] elects two principal senators and two alternates from outside its own membership.  (Arts. 58–59; cont., 1931, Arts. 59–60).

Senadores [Senators] must be Venezuelan by birth and over thirty, and must be native to the represented State or have resided there for the three immediately preceding years.  (Art. 60; cf. 1931, Art. 61:  “to be Venezuelan by birth and over thirty years of age”).

The Cámara del Senado [Senate] retains powers concerning the Panteón Nacional [National Pantheon], foreign gifts and offices, specified military and naval promotions, and other statutory matters.  Annual ordinary sessions begin on 19 April or the nearest possible day and last ninety days without extension; extraordinary sessions remain confined to the convocation and connected legislation.  Opening and subsequent quorums remain two-thirds and an absolute majority.  (Arts. 61–63; cont., 1931, Arts. 62–64).

Sessions are public unless secrecy is resolved.  The Cámaras Legislativas [Chambers] regulate their debates, premises, discipline, members’ qualifications and resignations, and execution of exclusive resolutions.  Public employment remains incompatible during sessions, and remuneration increases operate only in the next term.  (Arts. 64–65, 67–68; cont., 1931, Arts. 65–66, 68–69).

The Cámaras Legislativas [Chambers] sit in the same town, open and close together, and require the other’s consent to relocate.  Art. 66 refers to suspension before the ninety days fixed by Art. 62; disagreements are resolved in Congreso [Congress].  (Art. 66; cf. 1931, Art. 67:  “neither of the two may suspend its sessions or change its residence without the consent of the other”).

Legislative immunity retains its annual interval and protections against detention and obstruction, and applies when members are summoned to extraordinary sessions.  Members cannot be compelled to appear in judicial proceedings in any form or for any reason, or to take an oath during the protected period; judicial time limits exclude it.  The Cámaras Legislativas [Chambers] cannot waive the immunity.  (Art. 69; cf. 1931, Art. 70(2):  “be obliged to answer claims”).

Members remain free from responsibility for opinions expressed in their Cámaras Legislativas [Chambers] and cannot contract with the Ejecutivo Federal [federal executive] for themselves or others or pursue third-party claims before it.  (Arts. 70–71; cont., 1931, Arts. 71–72).

The corresponding Asamblea Legislativa [state legislature] fills a depleted list of senatorial alternates for the remainder of the term.  State constitutions and the Distrito Federal [Federal District]’s organic law determine deputy replacements.  (Art. 72; cf. 1931, Art. 73:  “the list of senators for a State”).

The Cámaras Legislativas [Chambers] meet jointly as constitutionally or legally required or upon an accepted invitation.  Co-legislative acts remain laws; joint and exclusive acts remain resolutions.  The Cámara del Senado [Senate]’s presiding officer heads Congreso [Congress], assisted by the Cámara de Diputados [Chamber of Deputies]’ presiding officer as Vicepresidente del Congreso [Vice-President of Congress].  (Arts. 73–75; cont., 1931, Arts. 74–76).

Congreso [Congress] makes assigned elections and appointments, examines the presidential message and ministerial accounts, admits qualifying territories as Estados [States], and reviews Créditos Adicionales [additional appropriations] against supporting documents and constitutional procedure.  It may consider the resignation of the Presidente de la República [president] or of the person exercising presidential functions.  The approval clause in Art. 76(6) reads “con los trámites que esta Constitución establece”.  (Art. 76; cf. 1931, Art. 77(2, 6):  “consider the resignation of the Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela] […] within the indicated limits”).

The co-legislative Cámaras Legislativas [Chambers] decree national taxes and loans, regulate debt and federal offices, enact the budget, provide territorial administration, adjust the deputy population base, legislate on pensions and the specified national matters, decree war, regulate armed-force recruitment and replacement, grant amnistías [amnesties], and legislate on ports and coasts.  Art. 77(21) includes National Education, the Ejército Nacional [National Army] and Armada [Navy], and road traffic propelled mechanically or by animal power.  (Art. 77(1–3, 9, 11–12, 14–15, 17, 19–22); cf. 1931, Art. 78(18):  “Public Construction […] mechanically propelled vehicles”).

Congreso [Congress] examines whether statutory formalities were observed in taking the national census.  It standardizes weights and measures under the metric decimal system.  (Art. 77(8, 10); cf. 1931, Art. 78(10):  “examine, and approve if it finds it duly conducted, the National Census”).

Treaties and international or diplomatic conventions require legislative approval before ratification or exchange; official publication follows both.  Congreso [Congress] also approves or rejects national-interest contracts, including immigration and colonization contracts, except mining and public-land contracts or titles.  (Art. 77(5–6); cf. 1931, Art. 78(6):  “immigration and the other matters of national interest”).

Congreso [Congress] legislates to foster institutions of social solidarity and on civil aviation, and approves or rejects peace treaties negotiated by the executive.  (Art. 77(13, 16, 18); cf. 1931, Arts. 15(4), 78(5, 14, 18):  “Approve or reject treaties and diplomatic conventions”).

The Cámaras Legislativas [Chambers] may appoint investigative commissions.  National, state, and municipal administrative authorities and judicial authorities must provide the information and documents the commissions request.  (Art. 78; new; 1931, Arts. 66, 78:  no corresponding provision).

Bills originate with at least three members of either Chamber or the executive through the competent minister.  Admission follows reading, with three debates separated by at least one day; the other Chamber follows the same process and returns an approved bill with its amendments.  (Arts. 79–81; cont., 1931, Arts. 79–81).

If the originating Chamber does not accept amendments, it may insist on its text with written reasons; unresolved differences are debated jointly in Congreso [Congress] and decided by majority, with authority to agree on another formulation.  (Art. 82; cf. 1931, Art. 82:  “If the originating Chamber accepts the alterations”).

Rejected bills cannot be resubmitted until a later year.  Bills pending at the close of ordinary sessions may continue in immediately following extraordinary sessions when the executive convokes them for that purpose.  (Art. 83 and sole paragraph; cf. 1931, Arts. 83–84:  “may not be discussed again except upon fresh presentation in the following year’s sessions or later”).

Only laws repeal laws.  Reform may be total or partial; after partial reform the law must be printed in full with its modifications.  (Art. 85; cf. 1931, Arts. 86–87:  “the previous law shall be repealed in all its parts”).

The legislative formula names Congreso [Congress] followed by “Decrees”.  Enacted texts are prepared in duplicate without alteration, signed by congressional officers, and sent for presidential and ministerial countersignature and publication.  Laws take effect on their specified date or upon publication.  Legislative power is not delegable.  (Arts. 84, 86, 88–89; cont., 1931, Arts. 85, 88, 90–91).

An evident discrepancy between the original law and its printed version requires corrected republication in the Gaceta Oficial [Official Gazette].  (Art. 87; cf. 1931, Art. 89:  “or the corresponding errata notice shall be inserted in it”).

The prohibition on retroactive legislation and the rules for immediate procedural application and favourable treatment of earlier evidence continue, subject to the express reservation of Art. 32.  (Art. 90; cf. 1931, Art. 92:  “No legislative provision shall have retroactive effect except when it imposes a lesser penalty.”).

ECO-HAC—Treasury

Taxation requires law; national expenditure requires a congressional budget appropriation or a previously decreed Crédito Adicional [additional appropriation].  Officials remain civilly liable for payments contrary to this rule.  Congreso [Congress] controls national taxes, loans, debt, the budget, and the enumerated national fiscal matters.  Expenditure outside the budget cannot be ordered by special law or resolution.  (Arts. 15(11, 13, 17–18), 47, 77(1–3, 9), 77(21) (organization of the Hacienda Nacional [National Treasury]); cont., 1931, Arts. 15(12, 14, 17–18), 48, 78(1–3, 9), 78(18) (organization of the Hacienda Nacional [National Treasury])).

The currency provision prohibits banknotes not backed by the metallic cover or reserve prescribed by law, and maintains the gold standard.  The prohibition uses the wording “podrá decretarse ni autorizarse la circulación de billetes de banco”.  (Art. 77(4); cf. 1931, Art. 78(4):  “in no case and for no reason may the compulsory circulation of banknotes be authorized”).

Exports are free subject to limitations required by public order or national interests; other customs matters are governed by national laws.  Import and foreign-transit duties, together with the territorial tax while retained, accrue to the Tesoro Nacional [National Treasury].  (Art. 15(13); cf. 1931, Art. 15(14):  “Exports are free and no tax may be established upon them.”).

Estados [States] retain ownership of saltworks, tierras baldías [public lands], their products, pearl fisheries, and mines in their jurisdiction, under federal administration.  Saltworks remain inalienable, concessions temporary, and public-land sales, leases, and grants subject to statutory rules and occupant preference.  Island tierras baldías [public lands] cannot be alienated directly or indirectly; the revenues accrue to the Tesoro Nacional [National Treasury].  (Art. 15(18); cont., 1931, Art. 15(18)).

The Situado Constitucional [Constitutional Allocation] equals twenty per cent of national revenue for the preceding calendar year, distributed by population among Estados [States], the Distrito Federal [Federal District], and Territorios Federales [Federal Territories].  State revenue includes stamped-paper taxes and other taxes and contributions established by their legislatures.  (Art. 17(4); cf. 1931, Art. 17(4):  “equivalent to twelve per cent of total revenue receipts”).

The restrictions on state customs, import, export, transit, federal, and municipal taxation and discrimination against outside products continue.  Estados [States] cannot tax goods before consumption or impose personal-labour taxes or monetary equivalents.  They may require fiscal data and reports from the federal administration, although they cannot require it to collect their taxes.  No tax or contribution may be imposed on livestock on the hoof or its products or by-products.  The collection clause names “administración fiscal federal”; the transit clause includes “ni las cosas, cualquiera que sea su procedencia, que pasen para otro Estado”.  (Art. 17(4)(3)(a–f); cf. 1931, Art. 17(4)(3)(b, d):  “whatever its provenance, passing to another State […] federal local administration”).

Agricultural, livestock, and edible-fish products may bear municipal retail-trade taxes, but neither special taxes nor unequal retail taxation.  Municipal revenue remains subject to the stated restrictions; the Distrito Federal [Federal District]’s municipality determines its revenue system autonomously within those limits.  Art. 18(3) cites “parágrafo 4, número 3 del Artículo 17”.  (Arts. 6, 18(3); cf. 1931, Art. 18(3):  “not to establish licence taxes on agriculture, livestock raising or fishing for edible fish […] paragraph 3, number 4 of Article 17”).

Estados [States] and Municipalidades [Municipalities] cannot borrow abroad.  National, state, municipal, and other public-interest contracts cannot be transferred to foreign governments or made with companies not legally domiciled in Venezuela, and must submit unresolved disputes to Venezuelan courts without foreign claims.  Art. 24 refers contracts made by Estados [States] and Municipalidades [Municipalities] to the printed “Artículo 4”; Art. 49 contains the public-interest contract provisions stated here.  (Arts. 24, 49; cf. 1931, Art. 24:  “Article 50”).

Congreso [Congress] must authorize disposal of immovables in the Nation’s private patrimony, under penalty of nullity.  Public-land titles may cover gratuitous grants, sale, or lease.  (Arts. 77(7), 100(33); cf. 1931, Arts. 78(7), 100(30):  “Authorize the Executive Power to alienate immovable property belonging to the Nation.”).

Additional appropriations retain the requirements of insufficiency or unforeseen expenditure, available funds, and priority for ordinary expenditure.  The use of the appropriation must be specified; Congreso [Congress] examines it with supporting documents.  Art. 76(6) requires approval “con los trámites que esta Constitución establece”.  (Arts. 76(6), 100(28); cf. 1931, Arts. 77(6), 100(31):  “within the indicated limits […] without prejudice to ordinary expenditure, which shall take precedence over extraordinary expenditure”).

Within thirty days after the Cámaras Legislativas [Chambers] assemble, the Ministro de Hacienda [Minister of Finance] presents the draft general revenue and expenditure budget, prepared in consultation with the other ministers and accompanied by an explanatory statement.  Ministros del Despacho [Ministers] separately account for administered funds.  Statutory pensions and retirement benefits continue to be funded through aggregate budget allocations.  (Arts. 77(14), 109; cf. 1931, Arts. 78(13), 109:  “shall present in due time to Congreso [Congress] each year”).

Art. 32(2) authorizes an extraordinary recovery to the Tesoro Nacional [National Treasury] from the property and estates of the listed senior federal officials for specified public and property offences, upon congressional decision and state ratification under the article.  Art. 100(29) refers to the last paragraph of Art. 32(2) and to congressional authorization.  (Arts. 32(2), 100(29); cf. 1931, Art. 36(2):  “No confiscations of property shall be decreed or carried out, except solely as a measure of reprisals in international war”).

POW-EXE—Executive

Sovereignty resides in the people and is exercised through the public powers.  An armed force or gathering claiming popular authority and petitioning in that capacity commits sedition or rebellion.  Defined competence continues to limit public power, which is divided among federal, state, and municipal authorities and, federally, legislative, executive, and judicial branches.  (Arts. 40–41, 50; cf. 1931, Arts. 40–41, 51:  “Sovereignty resides in the people, who exercise it through the public powers.”).

Usurped authority is ineffective and its acts are null; decisions obtained by force or a subversive popular gathering are also null.  The exercise of public power entails individual responsibility for excess of competence or breach of the governing law, and officials remain liable for other offences.  (Arts. 42–43; cf. 1931, Arts. 42–44:  “The law shall determine everything concerning the nullity of acts executed through excess of powers.”).

Federal administration not assigned elsewhere belongs to the Presidente de la República [president] in union with the ministers, who are his organs.  Executive functions cannot be exercised outside the Distrito Federal [Federal District] except under the temporary-relocation and official-visit provisions of Art. 100(23–24).  Administration operates through federal agents designated by law or the constitutive acts of official bodies, with constitutionally permitted state assistance.  (Arts. 91–93; cf. 1931, Arts. 93–94:  “is exercised by a Magistrate called Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela]”).

The Presidente de la República [president] must be Venezuelan by birth, have completed thirty years, be of estado seglar [lay status], and possess civil and political rights.  (Art. 94; cf. 1931, Art. 95:  “over thirty years of age, of status and in possession of all his civil and political rights”).

The presidential term is five years, with no re-election for the immediately following constitutional period.  Ineligible for that period are also anyone who exercised the presidency throughout the last year of the preceding period and relatives of either person within the fourth degree of consanguinity or second of affinity.  (Arts. 53, 95; cf. 1931, Art. 54:  “shall last seven years”).

The Cámaras Legislativas [Chambers] jointly elect the Presidente de la República [president] within the first fifteen days of each constitutional period, after at least five days’ notice published in the Gaceta Oficial [Official Gazette].  (Art. 96; cf. 1931, Art. 96:  “Within the first fifteen days of its installation, in the year in which the respective period begins”).

The Presidente de la República [president] takes the oath before Congreso [Congress] or, if prevented, before the Corte Federal y de Casación [Court].  Until the elected successor takes office, the Presidente saliente [outgoing president] continues as Encargado del Poder Ejecutivo Federal [Acting Head of the Federal Executive].  If one month passes after congressional sessions close without the Presidente electo [elected president] taking the oath before the Corte Federal y de Casación [Court], a permanent vacancy is deemed to exist.  The Presidente saliente [outgoing president] otherwise continues with the same powers and responsibilities.  (Arts. 97, 103; cf. 1931, Arts. 103, 120(17):  “shall deliver the Executive Power to the member of the Corte Federal y de Casación [Federal and Cassation Court] whom it designates”).

Temporary absences are filled by a designated minister.  Congreso [Congress] elects a replacement for a permanent vacancy for the remainder of the period; extraordinary sessions must be summoned immediately when needed.  Where the vacancy occurs after inauguration, the minister already acting, or one chosen by Gabinete [Cabinet] majority, serves until the replacement takes office.  (Art. 98; cf. 1931, Art. 97:  “If Congreso [Congress] is not assembled in ordinary sessions, it shall be summoned to extraordinary sessions”).

Presidential absence from the capital within the Republic does not constitute a temporary vacancy, and instructions may be sent to ministers for decisions issued in the capital.  (Art. 99; cf. 1931, Art. 98:  “He may also exercise, at any place in the Republic where he is located, power 4 of Article 100.”).

The Presidente de la República [president] appoints and removes ministers, directs war, receives foreign diplomatic ministers, and signs official letters to heads of state.  He remains Comandante en Jefe del Ejército Nacional [Commander-in-Chief of the National Army].  (Arts. 44, 100(1, 3–5); cont., 1931, Arts. 45, 100(1, 3–5)).

The Presidente de la República [president] commands the Ejército Nacional [National Army] and Armada [Navy] personally or through appointees and fixes their strength.  (Art. 100(2); cf. 1931, Art. 100(2):  “Command the Ejército [Army], Aviación [Aviation] and Armada [Navy]”).

The Presidente de la República [president] exercises superior civil and political authority in the Distrito Federal [Federal District] through a freely appointed and removable governor, and administers Territorios Federales [Federal Territories] and Dependencias Federales [Federal Dependencies].  (Art. 100(6–7); cf. 1931, Art. 100(6–7):  “Administer the Distrito Federal [Federal District] according to law”).

The Presidente de la República [president] may entrust the presidency temporarily to a minister and resume it during the term, retaining military command and direction of war under powers 2 and 3.  For the acting minister, the recension prints “deberá ejercer de acuerdo con las atribuciones 1, 6, 7, 17, 18, 23, 25 y 26”.  (Art. 100(9); cf. 1931, Art. 100(8):  “the Ministro Encargado de la Presidencia [minister acting as president] must exercise in agreement with him powers 1, 6, 7, 19, 20, 25, 27 and 28”).

The Presidente de la República [president] issues the execution order and publishes the Constitution and laws, ensures their observance, and determines when a treaty-approving law receives its execution order, in accordance with international usage and foreign-relations considerations.  Implementing regulations may be amended or replaced without altering the law’s spirit, purpose, or reason; the new regulation must be published in full with repeal of its predecessor.  (Art. 100(8, 10–11); cf. 1931, Arts. 78(5), 100(9–10):  “issue, in the Consejo de Ministros [Council of Ministers], decrees and regulations for better execution of the laws”).

With the prescribed ministerial or Gabinete [Cabinet] participation, the Presidente de la República [president] negotiates authorized loans, orders and submits the census, and creates and funds necessary public services during legislative recess, also suppressing or modifying existing services.  He directs prosecutions through the Ministerio Público Federal [Federal Public Ministry], appoints and removes the relevant national officials, convenes Congreso [Congress] extraordinarily, declares war after congressional authorization, and administers national revenues.  (Art. 100(12–19); cf. 1931, Art. 100(11, 13, 16–21):  “the creation and funding of new public services necessary during the recess of the Cámaras Legislativas [Chambers]”).

Diplomatic negotiations are conducted through the Ministro de Relaciones Exteriores [Minister of Foreign Relations]; treaties are concluded through chosen plenipotentiaries with Council approval and submitted for legislative approval or rejection.  Treaties retain the peaceful-settlement clause for disputes over interpretation or execution.  Authorized national-interest contracts are concluded through ministers with Council approval and submitted to Congreso [Congress].  (Art. 100(20–21); cf. 1931, Art. 100(22–23):  “conduct diplomatic negotiations personally or through the competent minister”).

The Presidente de la República [president] may prohibit foreign entry or order expulsion in cases permitted by international law, the Constitution, or national legislation.  He may restrict or suspend guarantees under Art. 36 and exercise the listed wartime powers while the war lasts, including requesting and granting assistance to Estados [States], relocation, treason prosecutions, reorganization of rebel-held Estados [States], patentes de corso [letters of marque], and reprisals.  (Art. 100(22–23); cf. 1931, Art. 100(24–25):  “Request from the Estados [States] the assistance necessary for national defence or that of the institutions”).

Official visits with ministers relocate the executive seat and require regulation of routine administration in Caracas.  The Presidente de la República [president] may end interstate armed conflict after good offices fail, exercise functions delegated by state constitutions, and grant indultos [pardons].  Art. 100(24) reads “el asiento del Poder Ejecutivo Federal será el sitio en donde se hallare el Presidente”; Art. 100(26) reads “las funciones que éstos le delegaren”.  (Art. 100(24–27); cf. 1931, Art. 100(26, 28):  “the Poder Ejecutivo Federal [Federal Executive Power] shall be the place where the Presidente [president] is located […] the actions which they delegate to him”).

The Presidente de la República [president] orders the issue, through the competent ministers, of navigation licences and nationality certificates.  (Art. 100(31–32); cont., 1931, Art. 100(14–15)).

The Presidente de la República [president] directs measures under Art. 32(2), as authorized by Congreso [Congress], and the exclusion or expulsion measures under the last paragraph of Art. 32(6).  Public-land titles include gratuitous grants, sale, or lease, alongside mining concessions.  (Art. 100(29–30, 33); cf. 1931, Art. 100(24, 30):  “Prohibit, when considered expedient, the entry of foreigners into national territory and expel them”).

The Presidente de la República [president] presents an annual account of administration and the Republic within the first ten days of ordinary sessions, personally or through a minister.  In the final year it is presented on 19 April or, if the Cámaras Legislativas [Chambers] have not assembled, on their first meeting day.  (Art. 101; cf. 1931, Art. 101 (final paragraph):  “the Presidente saliente [outgoing president] shall leave it, signed, with the Encargado de la Presidencia [acting president]”).

The Presidente de la República [president] is jointly responsible with ministers for administrative acts, in addition to personal responsibility for treason and ordinary offences.  (Art. 102; cf. 1931, Art. 102:  “is responsible only for treason against the Nation and ordinary offences”).

The law determines ministers’ functions and departments.  Presidential decrees require the competent ministerial countersignature under penalty of ineffectiveness, except the decree appointing the ministers themselves.  The Distrito Federal [Federal District] governor remains the Presidente de la República [president]’s legal administrative organ there.  (Arts. 104–105; cf. 1931, Art. 105:  “except when he exercises powers 1 and 8 of Article 100”).

Ministros del Despacho [Ministers] must be Venezuelan by birth, over thirty, of estado seglar [lay status], and possess civil and political rights.  The Presidente de la República [president] convenes the Council when the subject requires it or he considers it appropriate.  Ministros del Despacho [Ministers] remain personally responsible despite presidential orders; joint responsibility for Gabinete [Cabinet] acts applies to ministers who voted affirmatively.  Ministros del Despacho [Ministers] are subject to criminal and civil responsibility for unlawful acts.  (Arts. 106–108, 111; cf. 1931, Arts. 106–108:  “This responsibility is joint for all ministers in respect of presidential acts decided in Gabinete [Cabinet].”).

Ministros del Despacho [Ministers] submit annual documented reports and accounts within the first ten days of sessions and retain their right to speak and duty to attend when summoned.  In the final year they present reports on 19 April or leave them with the Presidente de la Corte Federal y de Casación [president of the Federal and Cassation Court] for transmission to Congreso [Congress].  (Arts. 109–110; cf. 1931, Art. 109 (final paragraph):  “with the Encargado de la Presidencia de la República [acting president of the Republic]”).

Holding more than one remunerated public office remains prohibited, with exceptions for inactive alternates and posts in academies, hospitals, incidental courts, and teaching or charitable institutions.  Acceptance of a second paid office vacates the first.  Foreign gifts, offices, honours, or rewards require Cámara del Senado [Senate] authorization; the law regulates national officials’ oaths.  (Arts. 45, 48, 52; cf. 1931, Art. 46:  “except as provided in the preceding Article”).

POW-JUD—Judiciary

Judicial power resides in the Corte Federal y de Casación [Federal and Cassation Court] and the other statutory courts.  Federal judges are appointed for the constitutional period and removable only as the law permits.  Judicial officials are responsible under law.  (Arts. 118–120; cf. 1931, Arts. 116–117:  “shall be appointed for a specified period”).

The Corte Federal y de Casación [Court] retains seven members, Venezuelan by birth, over thirty, and lawyers of the Republic, serving five years from the constitutional period beginning on 19 April 1936 and remaining until successors take office.  Its divisions and their membership are governed by law.  (Arts. 53, 121; cf. 1931, Arts. 54, 118:  “shall serve for seven years”).

Congreso [Congress] elects Corte Federal y de Casación [Court] members individually by at least an absolute majority within fifteen days after assembling, and elects seven numbered alternates in the same sitting.  Alternates fill permanent vacancies; the Corte Federal y de Casación [Court] provides for temporary and case-specific absences.  Congreso [Congress] fills vacancies on the list of alternates, placing the newly appointed alternates last on that list; refusal to fill a vacancy is treated as a temporary or case-specific absence.  (Art. 122; cf. 1931, Art. 119:  “shall fill the permanent or temporary vacancies of the principal members”).

The Corte Federal y de Casación [Court] hears accusations against the Presidente de la República [president] or Encargado de la Presidencia [acting president], ministers, the Procurador General [Procurator General], the Distrito Federal [Federal District] governor, its members, Presidentes de los Estados [state presidents] and designated senior state officials, and governors of Territorios Federales [Federal Territories].  It retains the specified diplomatic, cassation, prize, intergovernmental, and competence jurisdiction.  (Art. 123(1–8); cf. 1931, Art. 120(2):  “against the Presidents of the Estados [States] and other senior officials of those Estados [States] designated by their laws”).

Constitutional review extends to municipal laws as well as national and state laws; nullity is limited to the conflicting provisions unless their connection requires invalidating the whole.  The Corte Federal y de Casación [Court] resolves conflicts between laws and annuls acts violating state rights, autonomy, fiscal restrictions, or, generally, the Constitution, together with the specified usurpation and coercion acts under Art. 42.  The fiscal reference in Art. 123(11) reads “parágrafo 4, número 4 del Artículo 17”.  (Art. 123(9–11); cf. 1931, Art. 120(9, 11):  “national laws or those of the Estados [States] […] paragraph 3, number 4 of Article 17”).

An action to annul an administrative act for illegality or abuse of power expires after thirteen months only if no constitutional principle, guarantee, or right has been violated.  Illegality remains available as a defence.  A ministerial resolution challenged as null requires the contentious procedure in the following provision.  (Art. 123(11); cf. 1931, Art. 120(12):  “expires thirteen months from the date of publication of that act”).

In contentious proceedings the Corte Federal y de Casación [Court] decides questions between the Nation and private persons arising from or in connection with federal contracts and mining or public-land concessions, except matters reserved by the applicable law to executive decision without judicial recourse.  It gives foreign judgments enforceable effect when appropriate, hears damages and other monetary claims against the Nation, settles boundaries between federal entities, and performs other assigned federal functions.  (Art. 123(12–16); cf. 1931, Art. 120(13):  “between the Nation and contractors or concessionaires”).

The Presidente saliente [outgoing president] continues as Encargado del Poder Ejecutivo Federal [Acting Head of the Federal Executive] until the elected successor takes office.  (Arts. 97, 103, 123; cf. 1931, Art. 120(17):  “Designate on 19 April of the year in which each federal constitutional period begins the member of the same Corte Federal y de Casación [Court] who is to take charge of the Executive Power”).

For accusations within the first two enumerated judicial powers, the Corte Federal y de Casación [Court] decides whether grounds for proceedings exist; an affirmative decision suspends the official during trial.  Ordinary crimes go to the competent ordinary court, while political crimes remain before the Corte Federal y de Casación [Court] through final judgment.  The Corte Federal y de Casación [Court] submits an annual report and recommended legislative reforms.  (Arts. 124–125; cont., 1931, Arts. 121–122).

The Ministerio Público Federal [Federal Public Ministry] remains the executive’s organ before the judiciary and state courts when necessary.  (Art. 112; cont., 1931, Art. 111).

The Procurador General [Procurator General] must be Venezuelan by birth, of estado seglar [lay status], over thirty, a lawyer of the Republic, and possess civil and political rights.  Congreso [Congress] appoints him within its first thirty days in the opening year of the constitutional period for the whole period, together with five numbered alternates of the same qualifications, called by the executive in election order.  He has under his direction one or more lawyers of his free choice and the other employees of his office.  (Arts. 113–115; cf. 1931, Arts. 112–113:  “The Procurador General de la Nación [Procurator General of the Nation] is freely appointed and removed by the President”).

The Procurador General [Procurator General] ensures lawful adjudication in the specified criminal, fiscal, public-order, and morals cases; provides legal opinions to Congreso [Congress], the Presidente de la República [president], ministers, and the Corte Federal y de Casación [Court]; promotes accusations against federal officials on his own initiative or at executive request; acts as fiscal ministry in the specified judicial proceedings; and defends national rights in litigation under executive instructions.  He and his substitutes are responsible on the same terms as ministers.  (Arts. 116–117; cf. 1931, Art. 114(3):  “at the request of the Ejecutivo Federal [Federal Executive]”).

Federal judicial competence includes the Corte Federal y de Casación [Court] under the Constitution and its organic law, ordinary courts in the Distrito Federal [Federal District], territories, and dependencies, and federal courts acting in the Estados [States] in the enumerated cases.  The law may confer federal judicial functions on state courts in specified cases.  (Art. 15(7); cf. 1931, Art. 15(7):  “the ordinary courts in the Distrito Federal [Federal District] and in the Territorios Federales [Federal Territories]”).

POW-SUB—Subnational Government

The Estados [States] reciprocally recognize their autonomy and political equality and retain sovereignty not delegated in this Constitution.  They must preserve national independence and integrity, cannot secede, seek foreign protection, or cede territory to foreign powers, and must defend the Federation.  Federal and state government remains republican, federal, democratic, elective, representative, responsible, and alternating.  (Arts. 12–13; cf. 1931, Art. 12:  “retain in full the sovereignty not delegated”).

Municipalidades [Municipalities] enjoy full economic and administrative autonomy from federal and state political power, subject only to constitutional restrictions.  The Distrito Federal [Federal District]’s municipality receives the same autonomy and may establish its revenue system within the constitutional limits.  (Arts. 6, 14; cf. 1931, Art. 14:  “in case of foreign or internal war the Executive Power of the State may also assume administration of the Districts”).

Estados [States] enact their constitutions and organic laws; Concejos Municipales [municipal councils] and Asambleas Legislativas [state legislatures] are selected under federal electoral laws, while deputies are elected under Art. 55.  Estados [States] may retain or change their names.  They elect their public authorities under their constitutions and laws and may delegate specified functions to the Presidente de la República [president] through their constitutions.  State courts administer civil, commercial, and criminal justice except matters reserved federally, subject to statutory review by the Corte Federal y de Casación [Court].  (Art. 17(1–3); cf. 1931, Art. 17(1–2):  “direct and secret voting […] in the Constitutions and Laws of those Estados [States] which so decide”).

Estados [States] organize their revenues, including the twenty-per-cent Situado Constitucional [Constitutional Allocation] and the other permitted taxes, subject to the restrictions detailed under ECO-HAC.  They retain the other rights of autonomous entities reserved under Art. 12.  (Art. 17(4); cf. 1931, Art. 17(5):  “their category of economic entities”).

Municipal functions include police, supplies, cemeteries, ornamentation, civil architecture, lighting, waterworks, urban tramways, and other municipal services.  Municipalidades [Municipalities] also organize vigilance and measures against illiteracy under federal instruction rules.  Public-health services remain subject to federal law and inspection.  Municipal common lands and other municipal lands are administered without alienation except for construction; municipal taxes follow Art. 18(3).  (Art. 18; cf. 1931, Art. 18(1):  “and the other services of a municipal character”).

Estados [States] must execute federal constitutional, legislative, and lawful administrative provisions within federal competence.  Estados [States] and Municipalidades [Municipalities] recognize and execute other competent authorities’ public and judicial acts.  They cannot permit recruitment directed against foreign peace, liberty, or independence or the Republic’s internal peace, wage war upon one another, or borrow abroad.  Two or more Estados [States] may unite while retaining the liberty to recover their autonomy, with notice to the executive, Congreso [Congress], and the other Estados [States].  (Arts. 16, 19, 22–23, 24 (foreign borrowing), 25; cont., 1931, Arts. 16, 19, 22–25).

The federal government may maintain necessary federal officials and employees and Ejército Nacional [National Army] officers, soldiers, and employees in state territory.  Their jurisdiction remains confined to their duties, without personal privilege; Estados [States] cannot impose duties incompatible with federal service.  (Art. 20; cf. 1931, Art. 20:  “the federal judges, the representatives or agents of the Ministerio Público Federal [Federal Public Ministry]”).

Public acts and official documents bear the calendar date and the years of Independence from 19 April 1810 and Federation from 20 February 1859.  Dependencias Federales [Federal Dependencies] are included among the entities named.  (Art. 26; cf. 1931, Art. 26:  “of the Distrito Federal [Federal District], Territorios Federales [Federal Territories], Municipalidades [Municipalities]”).

Federal competence also includes international relations, national symbols and honours, protection of national interests and public peace, weights and measures, supervision of national law, and the organization of the Distrito Federal [Federal District], territories, and dependencies.  Estados [States] and Municipalidades [Municipalities] cannot conduct political or diplomatic relations with foreign nations.  Other matters assigned by the Constitution to a federal power also fall within federal competence.  (Art. 15(1–3, 5–6, 15, 20); cont., 1931, Art. 15(1–3, 5–6, 11, 20)).

CON-AMD—Amending the Constitution

Total or partial reform is declared by Congreso [Congress] in ordinary sessions upon requests from three-quarters of the Asambleas Legislativas de los Estados [state Legislative Assemblies] meeting ordinarily, and only on points supported by a majority of Estados [States].  Amendments follow the legislative enactment procedure and are submitted to the state assemblies for ratification.  (Arts. 126–128; cont., 1931, Arts. 123–125).

Either Chamber may initiate total or partial reform; ratification requires two-thirds of the Asambleas Legislativas de los Estados [state Legislative Assemblies] in ordinary sessions.  State votes return to Congreso [Congress] for scrutiny.  Once scrutiny establishes lawful ratification, the amended Constitution takes effect upon publication in the Gaceta Oficial [Official Gazette].  (Arts. 129–131; cf. 1931, Arts. 126–127:  “upon ratification by two-thirds of the Asambleas Legislativas [Legislative Assemblies] of the Estados [States]”).

CIV-SUF—Suffrage

Electors and persons eligible for office are Venezuelan males over twenty-one who can read and write and are not under interdiction or a criminal sentence carrying political disqualification, subject to constitutional restrictions and statutory qualifications for particular offices.  (Art. 32(14); cf. 1931, Art. 32(12):  “all Venezuelans over twenty-one years of age”).

Federal law governs elections.  Municipal councils and Asambleas Legislativas [state legislatures] are selected under federal electoral legislation; assemblies of Municipalidades [Municipalities] elect congressional deputies, while Asambleas Legislativas [state legislatures] elect senators from outside their membership.  Diputados [Deputies] must have completed twenty-five years and senators must be over thirty; both offices acquire the stated native-origin or three-year residence requirement.  (Arts. 15(4), 17(1), 54–57, 59–60; cf. 1931, Arts. 17(1), 56–58, 60–61:  “direct and secret voting”).

Congreso [Congress] elects the Presidente de la República [president] and the members of the Corte Federal y de Casación [Court].  (Arts. 96, 122; cont., 1931, Arts. 96, 119).

Congreso [Congress] also elects the Procurador General [Procurator General] and five alternates for the constitutional period.  (Art. 114; cf. 1931, Art. 113:  “is freely appointed and removed by the President”).

CIV-CIT—Citizenship

Venezuelan nationality is held by birth or acquired by naturalización [naturalization].  Birth nationality covers all persons born in the Republic and children of Venezuelan parents wherever born.  Naturalization continues to include adult children born abroad of a naturalized Venezuelan father or mother who establish domicile in Venezuela and declare their intention to be Venezuelan and persons obtaining certificates under law.  (Arts. 27–29(1, 3); cont., 1931, Arts. 27–29(1, 3)).

Persons born in Spain or the Ibero-American republics may acquire nationality after residence, declaration of intention, and compliance with the applicable law.  A foreign woman married to a Venezuelan is Venezuelan during marriage; continuation after dissolution requires a declaration within the following year and its acceptance.  (Art. 29(2, 4); cf. 1931, Art. 29(2, 4):  “Those born or to be born in the Ibero-American republics”).

The principal registrar records declarations and forwards them with the requisite documents for executive examination and publication if conforming to law.  Declarations made abroad pass through diplomatic or consular representatives to the Ministro de Relaciones Exteriores [Minister of Foreign Relations] for registration and publication.  Nationality is not acquired before publication.  (Art. 30; cf. 1931, Art. 30:  “shall send a copy of them to the Ejecutivo Federal [Federal Executive] for publication”).

Venezuelans must defend the Nation and obey its Constitution, laws, and lawful public orders; undertaking service against Venezuela is punishable as treason.  Foreigners’ rights and duties are determined by law and cannot exceed those of Venezuelans.  Nationals and foreigners cannot claim public compensation for losses not caused by legitimate authorities acting officially.  (Arts. 31, 37, 39; cont., 1931, Arts. 31, 37, 39).

Foreigners, whether domiciled or not, who take part in Venezuelan political contests or activities incur the same responsibilities as Venezuelans and may be detained, confined, or expelled.  (Art. 38; cf. 1931, Art. 38:  “who take part in Venezuelan political contests”).

RTS-GAR—Rights

Life is inviolable, and the death penalty cannot be established or applied.  (Art. 32(1); cont., 1931, Art. 32(1)).

Property is inviolable, subject to lawful contributions and expropriation for public or social utility through juicio contradictorio [adversarial proceedings] and prior compensation.  Owners must observe public-health, forest-and-water conservation, and comparable community obligations.  Law may restrict acquisition or transfer of specified property in the national interest.  The Nation favours small and medium rural property and may expropriate unused private lands, with legal process and prior compensation, for division or alienation under law.  (Art. 32(2); cf. 1931, Art. 32(2):  “to be taken for works of public utility, through juicio contradictorio [adversarial proceedings] and prior compensation”).

Confiscation remains prohibited except for reciprocal reprisals against enemy nationals in international war and the extraordinary recovery of public funds.  The latter applies to presidents of the Republic, ministers, and governors of the Distrito Federal [Federal District] and Territorios Federales [Federal Territories] who, in Congreso [Congress]’s judgment, committed offences against public affairs and property.  Congreso [Congress] decides by absolute majority in ordinary or extraordinary sessions, with approval by two-thirds of the Asambleas Legislativas de los Estados [state Legislative Assemblies] in the same manner.  (Art. 32(2); cf. 1931, Art. 36(2):  “except solely as measures of reprisals in international war”).

Extraordinary recovery encompasses the official’s entire property and estate under a special law and applies retroactively to the listed officials who served during the two preceding presidential periods.  Private claims against the affected person or estate are met from a prudential share fixed by Congreso [Congress] and determined under the special statutory procedure.  State legislatures may incorporate this measure into their constitutions for Presidentes de los Estados [state presidents] and secretaries general.  (Art. 32(2); new; 1931, Arts. 32(2), 36(2), 92:  no corresponding provision).

Correspondence in all its forms and private papers are inviolable; judicial seizure requires legal formalities and preservation of private matters unrelated to the case.  Merchants’ and industrialists’ books and documents are subject to statutory or regulatory inspection and fiscal supervision.  (Art. 32(3); cf. 1931, Art. 32(3):  “postal and telegraphic correspondence and the other private papers”).

The home is inviolable except for prevention of offences, execution of lawful judicial decisions, and statutory sanitary visits.  Personal liberty abolishes forcible military recruitment, with service governed by law; it prohibits slavery permanently, frees enslaved persons entering the Republic, and protects conduct not harmful to others within the law.  (Art. 32(4–5); cont., 1931, Art. 32(4–5)).

Expression through speech, writing, print, and other publicity is protected subject to the listed offences, including outrage.  Anonymity, war propaganda, and propaganda directed against the political or social order are prohibited.  Communist and anarchist doctrines are declared contrary to independence, the political form, and social peace; persons proclaiming, propagating, or practising them are classified as traitors and punished under law.  (Art. 32(6); cf. 1931, Art. 32(6):  “Communist propaganda is also prohibited.”).

Whether or not guarantees are suspended, the Ejecutivo Federal [federal executive] may prevent entry or expel persons affiliated with those doctrines when it considers their presence dangerous or prejudicial to public order or social tranquillity.  The period is six months to one year for nationals and indefinite for foreigners.  Art. 35 includes these measures in its exception to punishment for official violations of guarantees.  (Arts. 32(6), 35, 100(30); cf. 1931, Arts. 35–36:  “in the cases provided for in the following Article”).

Movement, change of domicile, departure, and return are subject to legal formalities; bringing property into or out of the country is subject to public-order and national-interest limitations.  (Art. 32(7); cf. 1931, Art. 32(7):  “the liberty to travel without a passport”).

Work and industry remain free, with monopolies prohibited and statutory privilegios temporales [temporary privileges] for intellectual property, inventions, trademarks, and the enumerated transport, hydraulic-power, and communications enterprises at concessionaires’ expense, without public subsidies or guaranteed returns.  Public interest and good morals limit work and industry; federal power may tax specified commodities and reserve industries to secure public services, national defence, and national credit.  Professions requiring a title cannot be practised without it and the prescribed formalities.  (Art. 32(8–10); cf. 1931, Art. 32(8):  “subject to the prohibitions and limitations required by public order and good morals”).

Labour legislation must provide special protection to workers, improve their physical, moral, and intellectual condition, and regulate urban and rural employment with regard to social protection and national economic interests.  A Consejo de Economía Nacional [National Economy Council] represents producers, consumers, capital, labour, and the liberal professions, with organization and functions determined by the executive.  Weekly rest, preferably on Sundays, and paid annual holidays apply without distinction between manual, intellectual, and technical work; the Nation promotes workers’ technical education.  (Art. 32(8); cf. 1931, Arts. 15(4), 32(8):  “the freedom of work and industries”).

The Nation promotes European immigration and agricultural colonies in cooperation with Estados [States] and Municipalidades [Municipalities].  Agricultural work receives special executive regulation; the State seeks to establish labourers in the countryside, provide rural education, and ensure Venezuelan workers’ preference in colonization and use of national lands.  It favours employee and worker participation in enterprise profits and promotes their savings.  (Art. 32(8); cf. 1931, Art. 15(4):  “immigration”).

Unarmed public or private assembly is protected when it does not compromise public order, and its exercise is regulated by law.  Association remains subject to statutory restrictions and prohibitions.  Petitioners retain a right to timely response and citizens may accuse officials before competent courts.  (Art. 32(11–13); cf. 1931, Art. 32(9):  “the freedom of assembly without arms, publicly or privately”).

Teaching remains free.  Children’s moral and civic education is compulsory, directed towards national advancement and human solidarity.  Every locality with a school population of at least thirty pupils must have at least one school.  (Art. 32(15); cf. 1931, Art. 32(13):  “the freedom of teaching”).

Individual security continues to prohibit imprisonment for non-criminal debt, special tribunals, unlawful detention, incommunicado detention, and compelled self-incrimination.  The natural-judge and pre-existing-law rule reserves Art. 32(2).  A preliminary investigation may not exceed thirty days after detention.  The protected relatives within the stated degrees are retained, and the spouse is included.  (Art. 32(17)(a–e); cf. 1931, Art. 32(15)(e):  “nor against his ascendants, his relatives within the fourth degree of consanguinity or second of affinity”).

Detention must cease when its grounds have been removed by final judicial decision or lawful sufficient bail is given.  Criminal punishment requires personal notice and a hearing; penalties restricting liberty cannot exceed twenty years, and infamous or perpetual penalties are prohibited.  (Art. 32(17)(f–h); cont., 1931, Art. 32(15)(f–h)).

No person may be tried again for the same punishable acts that occasioned previous proceedings.  Political detention must cease when order is restored, except in execution of a sentence already imposed.  (Art. 32(17)(i–j); cf. 1931, Art. 32(15)(i):  “nor be tried a second time for the same punishable act”).

Equality continues to require common laws, equal protection, duties, and contributions, with only statutory exemptions; hereditary distinctions, nobility titles, and remuneration extending beyond service remain prohibited.  Official address remains citizen and usted, subject to diplomatic usage.  Unenumerated rights are preserved.  Federal and state laws, state constitutions, municipal ordinances, and regulations impairing guarantees are null, as declared by the Corte Federal y de Casación [Court].  (Arts. 32(18), 33–34; cf. 1931, Art. 34:  “nor municipal ordinances”).

The Presidente de la República [president] in the Consejo de Ministros [Council of Ministers] may restrict or suspend guarantees in war, danger of war, epidemic, public calamity, or other circumstances requiring defence of national peace, security, institutions, or form of government.  The decree must state its reasons, affected guarantees, and territorial extent and be repealed when its causes cease.  Life, the prohibition of slavery, and protection against infamous penalties remain excepted; public institutions continue functioning and their members retain legal prerogatives.  (Art. 36; cf. 1931, Art. 36:  “or there exists imminent danger that either may occur”).

Persons opposed to restoration or preservation of peace may be arrested, confined, or expelled; those measures cease with their causes, except for the stated discretion concerning foreign expulsions.  (Art. 36 (final paragraph); cf. 1931, Art. 36(3):  “which the Ejecutivo Federal [Federal Executive] may decline to reverse if it does not consider it expedient”).

REG-MIL—The Military

Ejército [Army], Armada [Navy], and Aviación Militar [Military Aviation] remain federal matters; Estados [States] and Municipalidades [Municipalities] may maintain only police and prison guards unless otherwise federally ordered.  Population-based contingents serve under the Ley de Servicio Militar Obligatorio [Law of Compulsory Military Service]; citizen militias and voluntary enlistees may form part of the Ejército Nacional [National Army] under law.  War materiel in or entering the country belongs to the Nation.  Forcible recruitment remains prohibited under the personal-liberty guarantee, with service governed by law.  (Arts. 15(8), 32(5)(a); cf. 1931, Art. 15(8):  “The law shall regulate the formation of citizen militias”).

Civil and military authority cannot be combined in one official except the Presidente de la República [president], who remains Comandante en Jefe del Ejército Nacional [Commander-in-Chief of the National Army].  The Presidente de la República [president] commands the Ejército [Army] and Armada [Navy] and fixes their strength, personally or through appointees, and directs war.  (Arts. 44, 100(2–3); cf. 1931, Art. 45:  “or in case of war, when military functions are assigned to a civil employee according to law”).

The armed forces remain non-deliberative, passive, and obedient and must request assistance through civil authorities under law.  Troops remain quartered on voting days, with an exception for public-order assignments; offending commanders are punishable.  (Art. 46; cf. 1931, Art. 47:  “During electoral periods the troops shall remain quartered.”).

Estados [States] cannot permit recruitment directed against foreign independence or internal peace and cannot wage war upon one another.  The Cámara del Senado [Senate] consents to promotions from Coronel [Colonel] and Capitán de Navío [Naval Captain]; Congreso [Congress] decrees war and legislates on military recruitment and replacement, retirement benefits, ports, and coasts.  The executive declares war after the congressional decree and exercises constitutionally specified wartime powers.  The legislative list in Art. 77(21) names “Ejército y Armada Nacionales”.  (Arts. 22–23, 61(3), 77(14–15, 17, 20–21), 100(18, 23); cf. 1931, Art. 78(18):  “Legislate concerning the Electoral Register, Public Construction, organization of the Hacienda Nacional [National Treasury], air, maritime, and river navigation, docks, post, telegraphs, wireless communications, railways, national roads and traffic upon them by mechanically propelled vehicles, tierras baldías [ungranted public lands], saltworks, pearl fisheries, and mines”).

A Presidente de la República [president] temporarily entrusting the presidency to a minister retains military command and direction of war.  The acting-minister clause is recorded under POW-EXE, Art. 100(9).  (Art. 100(9); cont., 1931, Art. 100(8)).

REG-REL—Religion

Religious freedom remains subject to supreme executive inspection of worship under law, preserving the Republic’s Patronato Eclesiástico [ecclesiastical patronage].  (Art. 32(16); cont., 1931, Art. 32(14)).

The Republic exercises Patronato Eclesiástico [ecclesiastical patronage] under the Law of 28 July 1824.  Lay status is explicit among the qualifications of the Presidente de la República [president], ministers, and Procurador General [Procurator General].  (Arts. 51, 94(3), 106, 113; cf. 1931, Arts. 52, 95, 106, 112–113:  “the law of 28 July 1928”).

ECO-INF—Infrastructure

Federal legislative competence encompasses the listed civil, commercial, criminal, procedural, banking, credit, social-provision, health, conservation, labour, intellectual-property, registration, expropriation, immigration, and nationality matters.  Elections, veterinary health, agriculture and livestock development, and exploitation of natural resources are listed within that enumeration.  (Art. 15(4); cf. 1931, Art. 15(4):  “social provision, public health, conservation and development of forests, waters and the other natural riches of the country”).

Federal law governs public instruction; elementary primary instruction is compulsory and instruction in official institutes free.  Federal competence includes the census and statistics under law; population-based official acts use the latest congressionally approved census.  The census is conducted at statutory intervals.  (Art. 15(9–10); cf. 1931, Art. 15(9):  “Primary instruction is compulsory”).

Federal competence includes terrestrial transport and air, maritime, river, and lake navigation, together with docks and landing works.  Taxes or privileges cannot restrict navigation on waterways that required no special works.  Postal, telegraph, telephone, and wireless communications remain federal matters.  (Art. 15(12, 14); cf. 1931, Art. 15(13):  “everything concerning air, maritime and river navigation”).

National roads are those crossing the boundaries of a State, the Distrito Federal [Federal District], or a Territorio Federal [Federal Territory]; federal competence also covers aerial haulage cables and railways even within a State.  Urban tramways and haulage cables remain municipal matters.  Necessary federal public works do not limit state or municipal works.  Federal works in state territory include aerodromes alongside forts, docks, warehouses, shipyards, penitentiaries, and quarantine stations.  (Arts. 15(16, 19), 21; cf. 1931, Arts. 15(16), 21:  “forts, docks, warehouses, shipyards, penitentiaries, quarantine stations”).

Congreso [Congress] approves the specified railway, aerial-cable, communications, immigration, colonization, and national-interest contracts, except mining and public-land contracts or titles.  It legislates on civil aviation and the enumerated national transport, communications, resource, and education matters, including road traffic propelled mechanically or by animal power.  Temporary privileges for concession-financed enterprises include hydraulic power.  (Arts. 32(8), 77(6, 18, 21); cf. 1931, Arts. 32(8), 78(6, 18):  “mechanically propelled vehicles”).

Public-interest contracts cannot be transferred to foreign governments or concluded with or transferred to companies not legally domiciled in Venezuela; unresolved disputes belong to competent Venezuelan courts under national law, without foreign claims.  (Art. 49; cont., 1931, Art. 50).

CON-FIN—Final Provisions

Public offices whose duration exceeded five years under the Constitution of 9 July 1931 are reduced to five years counted from 19 April 1936.  The presidential and judicial periods are five years; the legislative renewal is governed separately by Art. 54.  (Arts. 53–54, 132; cf. 1931, Art. 54:  “shall last seven years”).

Upon promulgation Congreso [Congress] makes the first appointment of the Procurador General [Procurator General] and his alternates under the new arrangement, for the constitutional period.  (Art. 133; cf. 1931, Art. 113:  “The Procurador General de la Nación [Procurator General of the Nation] is freely appointed and removed by the President”).

The Constitution issued on 7 July 1931, ordered complied with and published on 9 July 1931, is repealed.  The 1936 agreement and constitutional closing bear 16 July; the execution formula bears 20 July and President Eleazar López Contreras’s signature.  Art. 131 makes the lawfully ratified amended Constitution effective upon official publication.  (Arts. 131, 134; prefatory agreement, closing and execution formulas; cf. 1931, Art. 131:  “The Constitution drafted on 29 May 1929 is repealed”).

Sanctioning Agreement

The agreement records the following ratification counts for the proposed amendments and additions.  The article numbers in this table identify the proposals enumerated in the agreement.Proposed articleRatifying state Legislative Assemblies518171418 (addition)1333143518371854185514561657186118761896189918101181301813318All other proposed amendments and additions19 of 20

The third consideration calls the Art. 18 proposal “la adición propuesta”.  Operative Art. 1 declares the Constitution sanctioned with the proposed amendments and additions except “la enmienda contenida en el Artículo 18 propuesto”, which it orders suppressed.  It declares the request of the Asamblea Legislativa [Legislative Assembly] of Zamora concerning Art. 4 inadmissible because it was not among the amendments and additions submitted.  The agreement does not reproduce the wording of the suppressed proposal.  (CIDEP 1936, p. 3, considerations and agreement, Art. 1).

Recension

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


“Unmasking Disappointment: Series XIX”

October 5, 2026

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

*

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 XVIII”

September 28, 2026

*

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

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”.

Ricardo F. Morín
Sept , 2026
Bala Cynwyd, Pennsylvania

●


15).  The Constitution of 1922

The 1922 Constitución de los Estados Unidos de Venezuela [Constitution of the United States of Venezuela] was declared sanctioned at the Palacio Federal Legislativo [Federal Legislative Palace], Caracas, on 19 June 1922, after the unanimous ratification recorded for the Asambleas Legislativas de los Estados [State Legislative Assemblies], and promulgated at the Palacio Federal [Federal Palace], Caracas, on 24 June 1922, under the provisional presidency of Victorino Márquez Bustillos.

Historical reference

President Victorino Márquez Bustillos, who had exercised the provisional presidency while President Juan Vicente Gómez held military command, signed the execution formula printed in the CIDEP recension with the date 24 June 1922.  Gómez was elected President for the constitutional period 1922–1929 and resumed the exercise of the presidency in 1922.

Sources: CIDEP, Constitution of 1922, pp. 3 and 21; Ramón J. Velásquez, “Gómez, Juan Vicente,” Diccionario de Historia de Venezuela, Fundación Empresas Polar.

https://bibliofep.fundacionempresaspolar.org/dhv/entradas/g/gomez-juan-vicente

DOC-PRE—Preamble:

The Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela] invoked Article 133 of the existing Pacto Federal [Federal Compact] in its enacting formula:

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

The formula differed from that of June 1914, which identified a congress of plenipotentiary deputies and the authority conferred by the district assemblies (cf. 1914, enacting formula:  “The Congress of Plenipotentiary Deputies of the States forming the Venezuelan Union, in exercise of the power conferred upon it by the Assemblies of Plenipotentiary Deputies of the Districts of the States, in the name of Almighty God, decrees the present:  Constitution.”).

FND-TER—Territory:

The territory comprised the former Capitanía General de Venezuela [Captaincy General of Venezuela], subject to modifications resulting from public treaties, and consisted of the territories of the States, the Distrito Federal [Federal District], the Territorios Federales Amazonas y Delta-Amacuro [Amazonas and Delta-Amacuro Federal Territories], and the Venezuelan islands in the Caribbean Sea (Art. 1; cont. 1914, Art. 1).  The Nation retained the name Estados Unidos de Venezuela [United States of Venezuela], its declared independence, and its republican, federal, democratic, elective, representative, responsible, and alternating form of government (Arts. 8–9; cont. 1914, Arts. 8–9).

State boundaries continued to refer to the Ley de 28 de abril de 1856 [Law of 28 April 1856] and the modifications of 1909.  Article 2 additionally recognized the boundary modifications agreed by Aragua and Carabobo in the Maracay Protocol of 31 January 1917 and approved by their respective legislative assemblies on 27 February and 2 March 1917 (cf. 1914, Art. 2:  “[…] subject to the modifications established in the Constitution sanctioned by the National Congress on 4 August 1909 and ordered executed on 5 August of the same year.”).

Boundary controversies remained subject to referral by the Cámara del Senado [Chamber of the Senate], at the request of one or more affected States, to a tribunal of árbitros arbitradores [arbitrators empowered to decide in equity] freely appointed by the Ejecutivo Federal [Federal Executive] (Art. 3; cont. 1914, Art. 3).

The Distrito Federal [Federal District] retained Caracas, its enumerated outlying parishes, and the Departamento Vargas [Vargas Department].  Caracas remained the capital and seat of the general powers, with temporary executive residence elsewhere within the Federal District permitted in unforeseen circumstances (Arts. 4 and 6; cont. 1914, Arts. 4 and 6).  Amazonas and Delta-Amacuro could attain statehood upon satisfying the population and administrative-capacity requirements; the Caribbean islands remained under direct federal administration until constituted as Territories (Art. 5; cont. 1914, Art. 5).  The prohibition upon alienating, leasing, or ceding national territory to a foreign power remained (Art. 7; cont. 1914, Art. 7).

POW-LEG—Congress:

Legislative power remained vested in the Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela], composed of the Cámara de Diputados [Chamber of Deputies] and the Cámara del Senado [Chamber of the Senate] (Art. 34; cont. 1914, Art. 34).  The ratio of one Diputado [Deputy] for thirty-five thousand inhabitants, with an additional Deputy for an excess of fifteen thousand and at least one for each State, the equal number of Suplentes [Alternates], and the three-year term remained.  Deputies had to be Venezuelan by birth and at least twenty-one years of age.  The Federal District and qualifying Federal Territories also elected Deputies (Arts. 35–37; cont. 1914, Arts. 35–37).  Article 35 retained votación directa [direct voting], as confirmed by the scanned collection hosted by CIDEP, printed page 235; direct voting was also prescribed by Article 19, base 20, and Article 37 (cont. 1914, corresponding provisions).

The Cámara de Diputados [Chamber of Deputies] retained the power to censure Ministers, whose offices thereby ceased, and to elect the Procurador General de la Nación [Procurator General of the Nation] and two Alternates every three years (Art. 38; cont. 1914, Art. 38).  Each State assembly elected two principal Senators and two Alternates from outside its membership for three years; Senators had to be Venezuelan by birth and at least thirty years of age (Arts. 39–40; cont. 1914, Arts. 39–40).  The Senate retained its functions concerning boundary arbitration, interment in the Panteón Nacional [National Pantheon], foreign gifts and distinctions, and military and naval promotions (Art. 41; cont. 1914, Art. 41).  For foreign gifts and distinctions, Article 41(3) referred to public employees, whereas its antecedent referred to national employees.

The Chambers continued to convene on 19 April or the nearest possible date, but their sessions now closed without extension on 5 July (Art. 42; cf. 1914, Art. 42:  “The sessions shall last seventy non-extendable days.”).  The provisions respecting quorum, public or secret sessions, internal regulation, concurrent sittings, incompatibilities, remuneration, immunity, non-responsibility for votes and opinions, contracts, and vacancies remained (Arts. 43–53; cont. 1914, Arts. 43–53).

The distinction between Leyes [Laws] enacted by the Chambers as co-legislators and Acuerdos [Resolutions] adopted jointly or upon matters exclusive to one Chamber remained, as did the presidency of the joint assembly by the President of the Senate (Arts. 54–56; cont. 1914, Arts. 54–56).  The joint assembly retained its electoral, reporting, accounting, military-appointment, and statehood functions; its competence to receive resignations now expressly included the Vice Presidents (Art. 57; cf. 1914, Art. 57(3):  “To take cognizance of the resignation of the President of the United States of Venezuela.”).

The common legislative attributions continued to encompass federal organic and electoral laws, taxation, codes, currency, public offices, debt and loans, statistics, sanitation, militia, census, treaties, contracts and concessions, the budget, weights and measures, pensions, military organization, war, and port security (Art. 58; cont. 1914, Art. 58).  The census remained decennial; Article 58(8) no longer specified 1 January 1916 as the initial date.

Legislative initiative, three discussions in each Chamber, the treatment of disagreements, rejection, repeal, publication, nondelegation, and nonretroactivity remained regulated in Articles 59–71.  Article 65 specified that pending projects received the three discussions in the following year in the Chamber in which they had not received them (cf. 1914, Art. 65:  “Projects remaining pending in either Chamber at the end of the sessions shall undergo the same three discussions in the sessions of the following year.”).  The other cited procedural provisions retained their corresponding antecedents (Arts. 59–64 and 66–71; cont. 1914, Arts. 59–64 and 66–71).

ECO-TES—Treasury:

The Chambers retained the powers to decree national taxes and authorize annual collection, regulate national debt and interest, decree loans, approve the specified contracts and concessions, and sanction the Presupuesto General de Rentas y Gastos Públicos [General Budget of Public Revenues and Expenditures] (Art. 58, nums. 2, 6–7, and 10–11; cont. 1914, Art. 58, same numbers).

State revenues continued to comprise the Impuesto Territorial [Territorial Tax] collected at customs houses; proceeds from mines, terrenos baldíos [public lands], and saltworks; the statutory share of the Renta de Aguardiente [Distilled-Spirits Revenue]; taxes upon the exploitation of natural products; and papel sellado [stamped paper].  The States delegated the establishment and organization of the first three revenue categories to the federal legislature and their administration to the Nation, with net proceeds distributed according to population (Art. 19, bases 27–28; cont. 1914, Art. 19, bases 27–28).  The prohibition upon alienating public lands on maritime, fluvial, and lacustrine islands also remained (Art. 19, base 28, sole paragraph; cont. 1914, same provision).

Exports remained free of duties (Art. 117; cont. 1914, Art. 117).  Disbursements from the Tesoro Nacional [National Treasury] required a congressional appropriation or an executive decree authorizing a Crédito Adicional [Additional Credit] with the affirmative vote of the Consejo de Ministros [Council of Ministers].  Officials incurred civil liability for unauthorized payments; ordinary expenditures took precedence, and additional credits required submission to the succeeding meeting of the legislature (Art. 118; cont. 1914, Art. 118).

The prohibition upon issuing paper currency or prescribing compulsory circulation of banknotes or other paper-represented value remained.  Silver or nickel coinage required prior legislative authorization (Art. 119; cont. 1914, Art. 119).  Public-interest contracts could not be transferred to foreign governments and incorporated the prescribed Venezuelan jurisdictional clause; companies formed in their execution had to establish legal domicile in Venezuela (Art. 121; cont. 1914, Art. 121).  Ministerial budget and accounting obligations remained (Art. 89; cont. 1914, Art. 89).

POW-EXE—Executive:

The Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela] continued to exercise the federal executive with the Ministros del Despacho [Ministers of the Departments].  Executive functions remained exercisable outside the Federal District only in the constitutional cases (Arts. 72–73; cont. 1914, Arts. 72–73).

The Congreso [Congress] elected the President within the first fifteen days after installation and, in the same sitting, a First and a Second Vice President.  The sitting was public and permanent, with five days’ notice; election was by secret ballot and an absolute majority of the members present (Arts. 74–76; cf. 1914, Art. 74:  “[…] to elect the President of the United States of Venezuela.”).  A designated Minister continued to supply temporary presidential absences.  Absolute vacancies were now supplied by the Vice Presidents in their order of election; failing both, the President of the Corte Federal y de Casación [Federal and Cassation Court] assumed office and convened new elections for the unexpired term (Art. 77; cf. 1914, Art. 77:  “In the event of an absolute vacancy, the President of the Federal and Cassation Court shall assume power and shall immediately convene Congress to elect a new President for the remainder of the term.”).

The President and Vice Presidents had to be Venezuelan by birth, of estado seglar [secular status], more than thirty years of age, and in possession of civil and political rights.  They made the legal promise before the legislature or, if that was impossible, before the Court in Sala Plena [Plenary Session] (Art. 78; cf. 1914, Art. 78:  “[…] shall make the legal promise before Congress before entering upon the exercise of his functions.”).

The presidential attributions continued to include appointments, promulgation and execution of laws, regulations, federal administration, loans, diplomatic negotiations, contracts, nationality and navigation instruments, military command, emergency measures, amnesties, and pardons (Art. 79; cont. 1914, corresponding provisions of Art. 79).  Public health was added to the services regulated under number 10.  Number 21 also permitted the expulsion of foreigners described by the text as pernicious who possessed immovable property valued below forty thousand bolívares, proved by public instruments of ownership (cf. 1914, Art. 79(21):  “[…] to expel pernicious foreigners who possess no immovable property in the country.”).

The annual presidential message, statutory remuneration, responsibility for treason and ordinary crimes, and cessation of presidential functions on 19 April of the final year remained (Arts. 80–83; cont. 1914, Arts. 80–83).  The executive and judicial terms remained seven years, now counted from 19 April of the election year (Art. 128; cf. 1914, Art. 128:  “[…] seven years […] from 19 April 1915.”).

The law continued to prescribe the ministerial departments; Article 84 additionally authorized the Ejecutivo Federal [Federal Executive] to create Ministries during the legislative recess (cf. 1914, Art. 84:  “The President of the United States of Venezuela shall have for his dispatch the Ministers prescribed by law.  The law shall determine their functions and duties and organize their Secretariats.”).  Ministerial qualifications, countersignature, personal and joint responsibility, annual reports and accounts, appearances before the Chambers, and the enumerated grounds of responsibility remained (Arts. 85–91; cont. 1914, Arts. 85–91).

POW-JUD—Judicial Power:

Judicial power remained vested in the Corte Federal y de Casación [Federal and Cassation Court] and the other tribunals established by law.  Judicial officers remained responsible for treason, bribery, constitutional and legal violations, and ordinary crimes (Arts. 92–93; cont. 1914, Arts. 92–93).

The Court retained seven Vocales [Members], elected for seven years and required to be Venezuelan by birth, more than thirty years of age, of secular status, and attorneys of the Republic.  Seven groups of State and Federal District delegations each presented two candidates; the unelected candidates became Alternates, and the Court supplied absolute vacancies by lot until the next legislative meeting (Arts. 94–97; cont. 1914, Arts. 94–97).

Article 98(2) added criminal proceedings against the Vice Presidents to the Court’s jurisdiction.  The preliminary determination whether proceedings should be instituted accordingly applied to the first three numbered categories (cf. 1914, Art. 98:  “In the two preceding cases, the Court shall declare whether or not there is cause to institute proceedings […]”).  The remaining attributions concerning national and State officials, diplomats, claims against the Nation, cassation, prizes, jurisdictional conflicts, constitutional review, statutory collisions, public acts, contracts, foreign judgments, and titles to mines, public lands, and ejidos [municipal common lands] continued, with the subsequent numbered attributions shifted by one (Art. 98, nums. 3–18; cont. 1914, Art. 98, nums. 2–17).  The annual report, prohibition upon concurrent executive employment, and statutory remuneration remained (Arts. 99–101; cont. 1914, Arts. 99–101).

The Ministerio Público [Public Ministry] remained entrusted to the Procurador General de la Nación [Procurator General of the Nation], elected by the Chamber of Deputies for three years, with two Alternates.  Eligibility remained Venezuelan nationality by birth, age above thirty, and qualification as an attorney (Arts. 38(2) and 102–104; cont. 1914, Arts. 38(2) and 102–104).  His functions continued to encompass execution of laws, legal opinions, supervision of federal officers, accusations, fiscal proceedings, and representation of the Nation.  The reference governing the Ministerio Fiscal [Fiscal Ministry] now included the first four numbered jurisdictions of the Court, including proceedings against Vice Presidents (Art. 105(5); cf. 1914, Art. 105(5):  “[…] the proceedings referred to in attributions 1, 2, and 3 of the Federal and Cassation Court […]”).

POW-SUB—Subnational Government:

The same twenty States retained reciprocal recognition of autonomy, political equality, and sovereignty not delegated by the Constitution, subject to the Bases de la Unión [Bases of the Union].  Their obligations respecting constitutional organization, federal enactments, municipal autonomy, foreign relations, justice, inter-State controversies, military contingents, and revenues remained prescribed in Article 19 (cont. 1914, Art. 19).  Base 17 added public health to the Nation’s legislative competence alongside public instruction (cf. 1914, Art. 19, base 17:  “To reserve to the Nation the faculty of legislating upon Public Instruction […]”).

The Concejos Municipales [Municipal Councils] retained economic and administrative autonomy and their revenue powers subject to the specified restrictions.  Wartime assumption of district administration by the State executive continued to require the vote of the State assembly or, during its recess, the State supreme court (Art. 19, base 4; cont. 1914, same provision).  States could unite and recover their separate status, retaining the specified Senate and Court-election rights while united (Arts. 20–21; cont. 1914, Arts. 20–21).

Residual competence remained with the States.  Their three-year constitutional terms were now counted from 20 February of the year in which the respective term commenced (Art. 106; cf. 1914, Art. 106:  “[…] three years, counted from 20 February 1915.”).  State tribunals remained independent, subject to the review assigned by law to the federal Court (Art. 108; cont. 1914, Art. 108).

Article 113 retained the prohibition upon resident federal officials exercising authority in the States except in the enumerated services, together with subjection to State laws and removal upon a legally grounded State request.  Its enumeration included fiscal, educational, communications, sanitary, resource-administration, and military-establishment personnel.  The restriction of the latter jurisdiction to their respective functions and the precincts of fortresses, barracks, naval stations, and ports of entry remained in the scanned collection hosted by CIDEP, printed page 244.  The separate reference to frontier forces was not repeated (cf. 1914, Art. 113:  “[…] forces assigned to the defence of the frontiers or to garrison fortresses, arsenals, naval stations, and ports of entry […]”).

CON-AMD—Amendment of the Constitution:

The amendment procedure remained in Articles 130–134.  Amendments or additions requested by three-fourths of the Asambleas Legislativas de los Estados [State Legislative Assemblies] in ordinary session could be decreed by the Congreso Nacional [National Congress] only in ordinary session and upon the points on which a majority of States concurred (Art. 130; cont. 1914, Art. 130).

The ordinary legislative procedure applied; the President of the legislature submitted the agreed text to the State assemblies for definitive ratification.  Legislatively initiated amendments required ratification by three-fourths of those assemblies, and their final votes returned to the national legislature for scrutiny (Arts. 131–134; cont. 1914, Arts. 131–134).  The repeated phrase in the CIDEP transcription of Article 130 of 1914 is not repeated in the 1922 recension.

CIV-SUF—Suffrage:

Venezuelans more than twenty-one years of age who satisfied the constitutional qualifications remained electors and eligible for office.  Freedom of suffrage remained subject to the Constitution and laws, and citizens enjoying their political rights could elect and be elected to public office (Arts. 12, 22(11), and 123; cont. 1914, same provisions).

The States retained direct voting for the Concejos Municipales [Municipal Councils], Asambleas Legislativas [Legislative Assemblies], and Cámara de Diputados [Chamber of Deputies], and indirect or delegated voting for other popularly elected officers, with secrecy and the federal censo electoral [electoral census] required in both cases (Art. 19, base 20; cont. 1914, same provision).  The express direct-vote provision for the Federal District and qualifying Federal Territories remained (Art. 37; cont. 1914, Art. 37).  The representation count continued to exclude the population designated by the recension as indígenas que viven en estado salvaje [Indigenous persons living in a savage state] (Art. 37, sole paragraph; cont. 1914, same provision).

The Congreso [Congress] now elected two Vice Presidents in addition to the President, by secret ballot and an absolute majority of those present (Arts. 74–76; cf. 1914, Art. 76:  “The voting shall be secret, and the citizen obtaining an absolute majority of the votes of the members of Congress present at the election shall be proclaimed elected President of Venezuela.”).  Members of the Fuerza Pública Nacional [National Public Force] on duty remained quartered during voting (Art. 124; cont. 1914, Art. 124).

CIV-CIT—Citizenship:

Article 10 retained nationality of origin and acquired nationality.  Nationality by birth comprised persons born in Venezuela and children of Venezuelan parents, irrespective of birthplace.  Acquisition extended, under the stated conditions, to adult children born abroad of a father or mother Venezuelan by naturalization; persons born in the Hispanic-American republics; foreigners obtaining a carta de naturaleza [letter of naturalization]; and a foreign woman married to a Venezuelan, including continuation after dissolution upon the prescribed declaration within the first year (cont. 1914, Art. 10).

The declaration before the Registrador Principal [Principal Registrar], its inscription, transmission to the Ejecutivo Federal [Federal Executive], and ordered and completed publication in the Gaceta Oficial [Official Gazette] remained required (Art. 11; cont. 1914, Art. 11).  The duties of service and the equality of rights and duties throughout the Union remained (Arts. 13–14; cont. 1914, Arts. 13–14).

The four grounds for suspension of citizenship rights remained undertaking to serve against Venezuela, conviction or punishment carrying political or public-office disqualification, unauthorized acceptance by an official of foreign gifts or distinctions, and judicial interdiction (Art. 24; cont. 1914, Art. 24).  The rules concerning foreigners’ rights and duties, political participation, indemnification, and treaties remained in Articles 15–18 (cont. 1914, Arts. 15–18).

RTS-GAR—Rights:

Article 22 retained the inviolability of life and abolition of capital punishment; property; correspondence and private papers; the home; personal liberty; expression; transit; industry; assembly and association; petition; suffrage; teaching; religion; individual security; and equality (cont. 1914, Art. 22).  The property guarantee retained legislative contributions, judicial decisions, sanitary measures, and taking for public utility after adversarial proceedings and indemnification.  The guarantees concerning forced recruitment and slavery also remained (Art. 22, nums. 1–3 and 5; cont. 1914, same provisions).

The home could additionally be entered to execute judicial decisions in criminal proceedings (Art. 22(4); cf. 1914, Art. 22(4):  “[…] only to prevent the perpetration or consummation of a crime, or for sanitary reasons, and this shall also be executed in accordance with the laws.”).  The expression guarantee retained fianza de cárcel segura [bail securing provisional liberty] when an arrest order had issued in the specified proceedings.  The restrictions upon monopolies, the statutory exceptions to association, the thirty-day maximum preliminary investigation after detention, the prohibition upon incommunicado detention, the twenty-year maximum corporal penalty, and the prohibition upon a second trial for the same offence remained (Art. 22, nums. 6, 8–9, and 14; cont. 1914, same provisions).

The enumeration did not deny other rights; officials issuing or executing measures contrary to guaranteed rights remained punishable; and laws impairing those rights were to be declared unconstitutional and ineffective (Arts. 23 and 25–26, read with Art. 98(11); cont. 1914, Arts. 23 and 25–26, read with Art. 98(10)).

Reference correction:  the applicable locus is Article 98(11), which expressly assigns the declaration of nullity of unconstitutional laws.  Article 26 prints attribution 10 in both the modern CIDEP transcription and the scanned collection, printed page 235; attribution 10 concerns conflicts of judicial competence.  The apparatus supplies the correct parallel reference without altering the recorded source reading.

REG-MIL—The Armed Force:

The States continued to supply their proportional unarmed contingent, prohibit the specified enlistments and levies, and refrain from war against one another (Art. 19, bases 22–24; cont. 1914, same provisions).  The joint Congreso [Congress] could continue to appoint annually a Comandante en Jefe del Ejército Nacional [Commander in Chief of the National Army] and determine his functions (Art. 57(2); cont. 1914, Art. 57(2)).  The Chambers retained their legislative functions concerning militia, military organization, recruitment, war, and peace (Art. 58, nums. 8 and 18–20; cont. 1914, same provisions).

The President retained the declaration of a legislatively decreed war, command of the Ejército [Army] and Armada [Navy], organization of the Milicia [Militia], and determination of force numbers.  The military, extraordinary, pacificatory, and amnesty attributions remained subject to the legislative determination when a Commander in Chief was appointed (Art. 79, nums. 17 and 22–25, and sole paragraph; cont. 1914, same provisions).

The Fuerza Pública Nacional [National Public Force] remained naval and terrestrial, composed of citizen militias and augmentable in war.  Civil and military authority could coincide only during disturbances of public order; all military materiel belonged to the Nation.  The Fuerza Armada [Armed Force] remained passive, obedient, and non-deliberative, and could requisition assistance only through civil authorities according to law (Arts. 109–111, 115, and 125; cont. 1914, same articles).  The electoral quartering requirement remained in Article 124.

REG-REL—Religion:

Religious liberty continued under the laws and the supreme inspection of all worship by the Ejecutivo Federal [Federal Executive] (Art. 22(13); cont. 1914, Art. 22(13)).  The Nation retained the Derecho de Patronato Eclesiástico [Right of Ecclesiastical Patronage], exercisable under the Ley de 28 de julio de 1824 [Law of 28 July 1824] (Art. 112; cont. 1914, Art. 112).

ECO-INF—Infrastructure:

The territory to be ceded by the States for federal works now expressly included aerodromos [aerodromes], alongside forts, wharves, warehouses, shipyards, penitentiaries, communication routes, quarantine stations, and national buildings (Art. 19, base 7; cf. 1914, Art. 19, base 7:  “[…] forts, wharves, warehouses, shipyards, penitentiaries, communication routes, quarantine stations, national buildings, and other works indispensable to the general Administration.”).

Federal legislative and executive jurisdiction retained Correos, Telégrafos y Teléfonos [Posts, Telegraphs, and Telephones], navigation, wharves, and national roads, and now expressly included aerial navigation (Art. 19, base 9; cf. 1914, Art. 19, base 9:  “[…] maritime, coastal, and fluvial navigation and wharves and national roads […]”).  A new sole paragraph expressly authorized federal provisions governing vehículos de tracción mecánica [mechanically propelled vehicles] on national roads.  The definition of roads crossing a State, Territory, or the Federal District and extending beyond its boundaries remained.

National legislative competence and presidential regulatory competence now expressly included Sanidad [Public Health] (Arts. 19, base 17, and 79(10); cf. 1914, Art. 79(10):  “To regulate the postal, telegraphic, and public or private telephone services […]”).  Legislative approval of communication-route concessions and national-interest contracts, the issuance of navigation patents, and legislation upon maritime port and coastal security remained (Arts. 58(10), 58(21), and 79(12); cont. 1914, same provisions).

CON-FIN—Final Provisions:

Promulgation and entry into force depended upon the Congreso Nacional [National Congress] finding, after scrutiny, that the State legislative assemblies had ratified the amendments and additions (Art. 135; cf. 1914, Art. 135:  “[…] at least two-thirds of the Assemblies have ratified the present Constitution.”).  The 1914 provision concerned district plenipotentiary assemblies and scrutiny by the constituent congress; the 1922 provision concerned State legislative assemblies and the national legislature.

Seven-year executive and judicial terms were counted from 19 April of the election year; the census basis and official computation of Independence from 19 April 1810 and Federation from 20 February 1859 remained (Arts. 127–129; cont. 1914, Arts. 127 and 129; cf. 1914, Art. 128:  “[…] seven years […] from 19 April 1915.”).  Article 129 was a general provision, not the transitory provision.

The Disposición Transitoria [Transitory Provision] required immediate election of the First and Second Vice Presidents after promulgation (Art. 136).  The Disposición Final [Final Provision] repealed the Constitution of 13 June 1914 (Art. 137; cf. 1914, Art. 141:  “The Provisional Constitutional Statute of 19 April 1914 is repealed.”).  The concluding attestation was dated 19 June 1922 at the Palacio Federal Legislativo [Federal Legislative Palace], Caracas; the execution order was dated 24 June at the Palacio Federal [Federal Palace], Caracas, and signed by V. Márquez Bustillos and the Ministers.

Source note:  this entry follows the recension of the Centro para la Integración y el Derecho Público [Centre for Integration and Public Law] (CIDEP), collated at the specified loci with the CIDEP-hosted scan of Leyes y Decretos de Venezuela [Laws and Decrees of Venezuela], volume 45 (1922), published by the Academia de Ciencias Políticas y Sociales [Academy of Political and Social Sciences], Caracas, 1994.  The scanned witness supplies the words omitted from Articles 35 and 113 of the modern transcription and confirms the readings of Articles 26 and 98(11), on printed pages 235, 243, and 244.  The antecedent is the Constitution of June 1914, not the separate Provisional Constitutional Statute of April 1914.  1922 recension, 1922 scanned collection, 1914 recension.

*

16).  The Constitution of 1925

The 1925 Constitución de los Estados Unidos de Venezuela [Constitution of the United States of Venezuela] was declared sanctioned at the Palacio Federal Legislativo [Federal Legislative Palace], Caracas, on 24 June 1925, following the unanimous State ratification recorded in the agreement reproduced by the Portal Iberoamericano de Derecho de la Cultura [Ibero-American Portal of Cultural Law].  The concluding attestation in CIDEP bears the same date.  The execution order was dated 1 July 1925 at the Palacio Federal [Federal Palace], Caracas, under the presidency of Juan Vicente Gómez.

DOC-PRE—Preamble:

The collated enacting formula identifies the Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela] and invokes Article 133 of the existing Pacto Federal [Federal Compact]:

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

The invocation and article reference corresponded to those of the antecedent (cf. 1922, enacting formula:  “[…] in exercise of the faculty conferred upon it by Article 133 of the Federal Compact in force […]”).

Textual correction:  the formula and prefatory date are supplied from the reproduction identified in the source note.  That witness gives Article 133 and an agreement dated 24 June 1925; the modern CIDEP file prints Article 126 and 24 May 1928 in these positions.  The two readings and the basis of the correction are recorded in the accompanying verification record.

FND-TER—Territory:

Article 1 combined the definition of the Nation as a political compact under the name Estados Unidos de Venezuela [United States of Venezuela] with its declared independence, and expressly mentioned foreign protection as well as domination (cf. 1922, Arts. 8–9:  “[…] in a compact of political association with the name United States of Venezuela.”  “[…] free and independent of every foreign power or domination […]”).  The governmental form appeared separately in Article 13.

The territorial reference to the Capitanía General de Venezuela [Captaincy General of Venezuela] and treaty modifications remained.  The prohibition upon territorial alienation expressly included transfer and temporary alienation (Art. 2; cf. 1922, Art. 7:  “The territory of the Nation may not be alienated, leased, or ceded in any manner to a foreign power.”).  Articles 3–4 distinguished the States, Distrito Federal [Federal District], Territorios Federales [Federal Territories], and Dependencias Federales [Federal Dependencies], and enumerated the same twenty States named in Article 19 of 1922.

Article 5 retained the 1856 boundary reference, the modifications of 1909, and the Aragua–Carabobo agreement of 1917, while expressly accounting for the creation of the federal territorial divisions.  It also authorized adjoining States to modify their common boundary by agreements approved by their legislatures, including reciprocal territorial compensation or cession (cf. 1922, Art. 2:  “[…] the modifications established in the Protocol concluded at Maracay on 31 January 1917 by the Plenipotentiaries of Aragua and Carabobo […]”).

The Distrito Federal [Federal District] was expressly composed of the Departamentos Libertador y Vargas [Libertador and Vargas Departments], with the same city and outlying parishes enumerated for Libertador.  Its municipal powers remained subject to the statutory restriction concerning federal political action (Art. 6; cont. 1922, Arts. 4 and 58(1), as to the territory and that restriction).  Caracas remained the capital and seat of the government, subject to the specified wartime transfers and presidential official visits (Arts. 7 and 100, nums. 24(b) and 25; cf. 1922, Art. 6:  “[…] the Federal Executive may establish its temporary residence at any other point within the Federal District when an unforeseen circumstance requires it.”).

Amazonas and Delta Amacuro remained Federal Territories.  Their boundaries and those of the Federal District could be modified by agreements with neighbouring State governments, approved by the national legislature and the affected State legislatures (Art. 8).  The population and administrative-capacity requirements for statehood remained and extended to subsequently created Territories (Art. 9; cont. 1922, Art. 5, as to those requirements).  The Dependencias Federales [Federal Dependencies] comprised the Venezuelan Caribbean islands except Margarita, identified with Nueva Esparta, and remained directly administered by the federal executive until elevated by law to territorial status (Art. 10; cf. 1922, Art. 5, sole paragraph:  “[…] until they are populated and may constitute one or more Territories.”).

Inter-State boundary controversies were assigned to the Corte Federal y de Casación [Federal and Cassation Court] under the statutory procedure (Art. 11; cf. 1922, Art. 3:  “[…] submitted by the Chamber of the Senate […] to a tribunal of arbitrators empowered to decide in equity, freely appointed by the Federal Executive.”).

POW-LEG—Congress:

The Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela] retained its two Chambers (Art. 55; cont. 1922, Art. 34).  The representation ratio, minimum State representation, equal number of Suplentes [Alternates] for Deputies, three-year legislative terms, and nationality and age requirements for Deputies remained (Arts. 56–58; cont. 1922, Arts. 35–37).  Article 58 designated the Indigenous population excluded from the representation count as indígenas no reducidos [unassimilated Indigenous persons] (cf. 1922, Art. 37, sole paragraph:  “Indigenous persons living in a savage state shall not be included in the population basis.”).  State assemblies retained the election of two Senators and two Alternates; senatorial eligibility now specified age above thirty (Arts. 60–61; cf. 1922, Art. 40:  “[…] to have attained thirty years of age.”).

The Cámara de Diputados [Chamber of Deputies] retained the voto de censura [vote of censure] against Ministers, but the President was not obliged to remove a censured Minister unless the Corte Federal y de Casación [Federal and Cassation Court] declared legal cause for prosecution (Art. 59(1); cf. 1922, Art. 38(1):  “To cast a vote of censure against the Ministers of the Departments, who shall thereby cease in their offices.”).  Election of the Procurador general de la Nación [Procurator General of the Nation] no longer appeared among the Chamber’s functions and was assigned to the President by Article 113.

The Cámara del Senado [Chamber of the Senate] retained the functions concerning the Panteón Nacional [National Pantheon], foreign gifts and distinctions, and military and naval promotions; referral of State boundary disputes was not retained in its enumeration (Art. 62; cont. 1922, Art. 41, nums. 2–5; see 1925, Arts. 11 and 120(16)).  Ordinary sessions lasted ninety non-extendable days, rather than ending on 5 July.  Extraordinary sessions were confined to the convocation’s subjects and legislation connected with them (Art. 63; cf. 1922, Art. 42:  “[…] shall close their sessions, without extension, on the following 5 July.”).

Quorum, public or secret sessions, internal rules, concurrent sittings, incompatibilities, remuneration, contracting restrictions, and vacancies continued in Articles 64–69 and 72–73, corresponding to Articles 43–48 and 52–53 of 1922.  Article 70 specified the protections from detention, interference with functions, and compulsory participation in civil proceedings during legislative immunity.  It also prohibited waiver by the Chambers (cf. 1922, Art. 49:  “[…] immunity, which consists in the suspension of every civil or criminal proceeding, whatever its origin or nature.”).  Article 71 retained non-responsibility for opinions, without separately repeating the antecedent’s reference to votes (cf. 1922, Art. 51:  “The members of the Chambers are not responsible for the vote or the opinions they express therein.”).

Joint sittings, the distinction between Leyes [Laws] and Acuerdos [Resolutions], and the joint assembly’s presiding officers remained (Arts. 74–76; cont. 1922, Arts. 54–56).  Article 77 retained constitutional elections, presidential resignation, reports and accounts, and territorial admission, and expressly included examination of additional credits.  It did not reproduce the annual appointment of a Commander in Chief or the separate reference to vice-presidential resignations in Article 57 of 1922.

Common legislative powers were enumerated in Article 78.  They included taxes, debt and loans, offices, currency, treaties, contracts, national immovables, the budget, census, pensions, military recruitment, war, ports, and federal legislation.  Amnesties appeared among these powers (Art. 78(16); cf. 1922, Art. 79(25):  “To grant amnesties and pardons.”).  Mining concessions and public-land titles granted under their respective laws were excepted from congressional approval (Art. 78(6); cf. 1922, Art. 58(10)(a):  “To approve or deny […] mining titles and concessions and alienations of public lands […]”).

Legislative initiative required at least three members of a Chamber or the executive acting through the competent Minister; the prior requirement of press publication for ministerial proposals was not repeated (Art. 79; cf. 1922, Art. 59:  “[…] the project must previously be published in the press and presented by the Minister to one of the Chambers.”).  Three discussions in each Chamber remained.  Unresolved disagreements proceeded to a joint sitting for decision by majority vote (Arts. 80–82; cf. 1922, Art. 62:  “[…] the project shall lapse once the initiating Chamber separately resolves to ratify its insistence.”).  Pending projects required renewed presentation and the discussions applicable to new projects (Art. 84; cf. 1922, Art. 65:  “[…] in the Chamber in which they did not undergo them.”).

The enacting formula, complete restatement of amending laws, repeal formalities, and nondelegation remained (Arts. 85–87 and 91; cont. 1922, Arts. 66–68 and 70).  Articles 88–90 prescribed authenticated duplicates, publication, correction of printing errors, and commencement on the stated date or, absent one, upon publication.  Article 92 retained the lesser-penalty exception to nonretroactivity and specified immediate application of procedural laws to pending proceedings, with the stated protection for previously produced evidence in criminal causes (cf. 1922, Art. 71:  “No legislative provision shall have retroactive effect, except in matters of judicial procedure and where it imposes a lesser penalty.”).

ECO-TES—Treasury:

Article 48 expressly prohibited collection of taxes not authorized by law and retained the requirement of a budgetary appropriation or a prior Crédito Adicional [Additional Credit], with civil liability for unauthorized disbursements (cf. 1922, Art. 118:  “No expenditure shall be made from the National Treasury for which Congress has not expressly appropriated an amount in the General Budget of Public Expenditures or an Additional Credit has not been agreed with the affirmative vote of the Council of Ministers […]”).

The customs receipts, Impuesto Territorial [Territorial Tax], and revenues from saltworks, pearls, mines, and public lands were assigned to the Tesoro Nacional [National Treasury].  State ownership of the specified resources within their territory remained expressly recognized, with federal administration (Art. 15, nums. 14 and 18).  The States instead received a Situado Constitucional [Constitutional Allocation] of ten million bolívares annually, distributed according to population.  After three years the aggregate allocation was to equal twelve per cent of revenue receipts in the preceding calendar year (Art. 17(4)(1); cf. 1922, Art. 19, base 28:  “[…] to cede to the Nation the administration of this revenue, for distribution of its net proceeds among all the States proportionally to the number of their inhabitants.”).

State revenues also included papel sellado [stamped paper], consumption taxes, and other authorized contributions; municipal revenues were separately regulated.  The restrictions included prohibitions upon taxing reserved federal or municipal subjects, inter-State transit, goods before consumption, and unequal treatment by origin, and upon requiring federal fiscal cooperation or payment in personal labour or its monetary equivalent (Arts. 17(4) and 18(3); cf. 1922, Art. 19, bases 10–13:  “[…] only national customs houses shall exist […]”  “[…] not to create taxes whose establishment requires the cooperation of the Nation’s fiscal administration.”).  Exports remained untaxed (Art. 15(14); cont. 1922, Art. 117).

The Chambers continued to legislate upon taxation, loans, debt, currency, and the Presupuesto General de Rentas y Gastos Públicos [General Budget of Public Revenues and Expenditures].  They could not order particular disbursements outside the Budget Law through special laws or resolutions (Art. 78, nums. 1–4 and 9).  The gold standard and prohibition upon compulsory circulation of paper-represented value remained; the separate prohibition upon issuing paper currency in Article 119 of 1922 was not repeated (cf. 1922, Art. 119:  “[…] issue paper currency, or declare banknotes or any value represented on paper to be in compulsory circulation.”).

The President administered national revenues through the respective Ministers and could decree additional credits in Consejo de Ministros [Council of Ministers] for insufficient or unprovided appropriations, provided funds were available without impairing ordinary expenditure.  The joint legislature examined those credits against the constitutional procedure.  The responsible Minister prepared the annual proposed budget in consultation with the other Ministers (Arts. 100, nums. 19 and 30; 77(6); and 109; cf. 1922, Art. 118:  “Every Additional Credit must be submitted to the approval of Congress at its next meeting.”).

Public contracts retained the prohibition upon transfer to foreign governments and the Venezuelan jurisdictional clause.  Article 50 additionally prohibited contracting with, or permitting assignment to, companies not legally domiciled in Venezuela (cf. 1922, Art. 121:  “Companies formed in execution of such contracts shall establish their legal domicile in Venezuela.”).  Article 24 expressly prohibited State and municipal foreign loans.

POW-EXE—Executive:

The Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela] continued to exercise the federal executive with the Ministros del Despacho [Ministers of the Departments].  Article 94 expressly provided for execution through federal employees and agents, with State assistance in the constitutional cases (Arts. 93–94; cont. 1922, Art. 72, as to the President and Ministers).

There was one Vicepresidente de la República [Vice President of the Republic], with the same nationality, secular-status, age-above-thirty, and civil-and-political-rights requirements as the President (Art. 95; cf. 1922, Art. 74:  “In this same sitting a First and a Second Vice President shall be elected […]”).  The legislature elected both within the first fifteen days after installation, with at least five days’ notice published in the Gaceta Oficial [Official Gazette] (Arts. 96–97).  These articles did not repeat the secret-ballot and absolute-majority formula of Article 76 of 1922.  The oath was taken before the legislature or, if necessary, the Corte Federal y de Casación [Federal and Cassation Court] (Art. 99; cont. 1922, Art. 78, as to the alternative institutions).

The Vice President supplied both temporary and absolute presidential vacancies; failing him, the Court’s President assumed the executive and convened elections for the remainder of the term (Art. 98; cf. 1922, Art. 77:  “Temporary absences of the President of the United States of Venezuela shall be supplied by the Minister of the Departments designated by him.”).  The President could communicate instructions from anywhere within the Republic without leaving office merely through absence from the capital.  Official visits could temporarily establish the executive seat where the President was situated, with current administrative business in Caracas regulated by decree (Arts. 98 and 100(25); cf. 1922, Art. 73:  “The functions of the Federal Executive may not be exercised outside the Federal District except in the cases provided by this Constitution.”).

Article 100 retained and restated powers concerning appointments, laws and regulations, administration, loans, treaties, national contracts, revenues, nationality, navigation, military command, and extraordinary sessions.  It expressly prescribed the participation of the Consejo de Ministros [Council of Ministers] for the enumerated decisions.  Publication of laws was required as soon as possible, without the former fifteen-day limit (Art. 100(7); cf. 1922, Art. 79(7):  “[…] within the first fifteen days after receiving them […]”).  Admission of foreigners remained subject to presidential prohibition; expulsion was now referred to international law and national legislation, without the former property-value condition (Art. 100(22); cf. 1922, Art. 79(21):  “If they possess such property, expulsion may be decreed only when the immovables are valued below forty thousand bolívares […]”).

The President could exercise powers delegated by State constitutions and reorganize States controlled by rebel forces or whose governments participated in rebellion.  Suspension of guarantees was governed by Article 36 and Article 100(24).  Pardons remained presidential; amnesties appeared among the common legislative powers (Arts. 100, nums. 24(d), 27–28; and 78(16); cf. 1922, Art. 79(25):  “To grant amnesties and pardons.”).  The annual message and responsibility for treason and ordinary crimes remained.  Article 103 expressly terminated both presidential and vice-presidential functions on 19 April of the final year (Arts. 101–103; cont. 1922, Arts. 80, 82–83, as to the corresponding presidential provisions).

Ministerial countersignature remained, subject to the new Secretario general [Secretary General], who countersigned appointments of Ministers and the Federal District Governor and could transmit presidential instructions.  His own appointment required no ministerial countersignature (Arts. 104–105; cf. 1922, Art. 86:  “All acts of the President shall be countersigned by the Minister or Ministers to whose departments those acts correspond […]”).  Ministers and the Secretary General had to be Venezuelan by birth, above thirty, and in possession of civil and political rights; the prior ministerial secular-status requirement was not repeated (Art. 106; cf. 1922, Art. 85:  “[…] of secular status […]”).

Article 107 defined deliberation in Gabinete [Cabinet] and permitted attendance by the Vice President and Secretary General.  Personal and joint ministerial responsibility, annual Memorias [Reports] and accounts, and the right and obligation to appear before the Chambers remained (Arts. 108–110; cont. 1922, Arts. 87–90).  Article 109 assigned preparation of the proposed budget to the Minister responsible for national revenues, in consultation with the other Ministers.

POW-JUD—Judicial Power:

Judicial power remained vested in the Corte Federal y de Casación [Federal and Cassation Court] and the other tribunals established by law (Art. 116; cont. 1922, Art. 92).  Article 117 expressly prescribed fixed terms for all federal judges and removal during those terms only in the statutory cases.

The Court retained seven Vocales [Members] with seven-year terms, Venezuelan nationality by birth, age above thirty, and qualification as attorneys; the secular-status condition was not repeated (Art. 118; cf. 1922, Art. 94, sole paragraph:  “[…] more than thirty years of age, of secular status, and attorneys of the Republic.”).  The national legislature elected each Member separately by absolute majority and then seven numbered Alternates, who supplied temporary and absolute vacancies in that order (Art. 119; cf. 1922, Art. 95:  “[…] each Group shall present two candidates, from among whom Congress shall elect the Member […]”; Art. 97:  “[…] the Court itself selecting by lot, in each case, one of the Alternates.”).

Article 120 retained jurisdictions concerning high officials, diplomats, cassation, prizes, public-authority disputes, judicial competence, unconstitutional laws, conflicts of laws, State autonomy, contracts and concessions, foreign judgments, and claims against the Nation.  It expressly assigned State boundary disputes to the Court (Art. 120(16); cf. 1922, Art. 3:  “[…] a tribunal of arbitrators empowered to decide in equity, freely appointed by the Federal Executive.”).  The separate reference to criminal proceedings against Vice Presidents in Article 98(2) of 1922 was not repeated.

The nullity of an unconstitutional law was confined to the conflicting provisions unless their connection with the remainder warranted nullity of the whole law.  Executive decrees and regulations altering the spirit, reason, or purpose of a law were expressly subject to annulment.  Contract and concession controversies followed juicio contencioso [contentious proceedings], subject to the specified reservation for matters committed by the applicable law to executive decision without judicial recourse (Art. 120, nums. 9, 12–13; cf. 1922, Art. 98(11):  “To declare the nullity of national or State laws when they conflict with the Constitution of the Republic.”; Art. 98(15):  “To hear controversies arising from contracts or negotiations concluded by the President of the Republic.”).  The preliminary procedure for accusations remained in Article 121; Article 122 required an annual report indicating the legal reforms the Court considered appropriate (cont. 1922, Art. 98, procedural paragraph, and Art. 99, as to preliminary determination and annual reporting).

The Ministerio Público Federal [Federal Public Ministry] received a separate constitutional title and was defined as the organ of the federal executive before federal and State judicial authorities.  The Procurador general de la Nación [Procurator General of the Nation] was freely appointed and removed by the President (Arts. 111–113; cf. 1922, Art. 38(2):  “To elect every three years […] the Procurator General of the Nation and two Alternates […]”).  The former three-year term and the eligibility requirements of Article 103 of 1922 were not repeated in these provisions.  The Procurator’s functions comprised supervision of lawful adjudication in the specified causes, legal opinions, accusations against officials, fiscal intervention, and judicial representation of the Nation, subject to lawful executive instructions (Arts. 114–115; cf. 1922, Art. 105(7):  “[…] in either case, to comply with the instructions communicated by the Federal Executive.”).

POW-SUB—Subnational Government:

The States retained autonomy, political equality, nondelegated sovereignty, and duties concerning national independence and integrity.  The republican, federal, democratic, elective, representative, responsible, and alternating governmental form applied expressly to both the Union and each State (Arts. 12–13; cont. 1922, Arts. 9 and 19, opening paragraph and bases 2, 5–6).  Article 51 expressly included municipal power in the distribution of public power (cf. 1922, Art. 32:  “Public Power is distributed between the Federal Power and the Power of the States […]”).

The Distritos [Districts] retained municipal autonomy in their administrative regime.  Wartime assumption of their administration by the State executive was remitted to the State constitution, rather than the nationally prescribed assembly or court approval (Art. 14; cf. 1922, Art. 19, base 4:  “[…] with the vote of its Legislative Assembly, and, if the latter is not assembled, with that of its Supreme Court.”).

Article 15 enumerated federal competences; Article 16 required compliance with federal enactments within those competences.  The enumeration expressly included banking and credit institutions, social provision, labour, natural-resource conservation, military aviation, and the other listed matters (cf. 1922, Art. 19, base 16:  “[…] one and the same substantive civil, commercial, and criminal legislation, as well as procedural legislation.”; base 17:  “To reserve to the Nation the faculty of legislating upon Public Health and Public Instruction […]”).

States retained constitution-making, elections, justice, revenue organization, and their other reserved autonomous rights.  They could retain or change their names and could delegate specified powers to the President through their constitutions (Art. 17; cf. 1922, Art. 106:  “Everything not expressly attributed in this Constitution to the General Administration of the Nation belongs to the competence of the States.”).  The uniform three-year State term prescribed in that antecedent was not repeated.  Municipal functions, ejidos [municipal common lands], and revenues were separately enumerated in Article 18.

Article 20 expressly authorized the enumerated federal judges, public-ministry agents, administrative and fiscal officers, and forces within the States, limited their jurisdiction to their functions, and prohibited incompatible State duties.  It did not repeat removal upon a State government’s legally grounded request (cf. 1922, Art. 113:  “[…] subject to immediate removal or replacement […] upon the request of the government of the respective State for a legal cause.”).

Recognition of public and judicial acts, federal works, prohibited levies, and the prohibition upon inter-State war remained regulated (Arts. 19 and 21–23; cont. 1922, Art. 19, bases 7, 15, and 23–24, as to those obligations).  States and municipalities could not negotiate foreign loans (Art. 24).  States retained the right to unite and recover their separate status (Art. 25; cont. 1922, Art. 20), but the distinct guarantee concerning Senate and Court-election representation in Article 21 of 1922 was not repeated.

CON-AMD—Amendment of the Constitution:

The charter expressly provided for total or partial reform.  State-initiated reform still required requests from three-fourths of the Asambleas Legislativas de los Estados [State Legislative Assemblies] in ordinary session, action by the Congreso Nacional [National Congress] in ordinary session, and concurrence upon the points supported by a majority of States (Art. 123; cf. 1922, Art. 130:  “This Constitution is susceptible of amendments or additions […]”).

Legislative procedure, submission to State assemblies for definitive ratification, and return of the final State vote to the national legislature for scrutiny remained (Arts. 124–125 and 127; cont. 1922, Arts. 131–132 and 134).  For amendments initiated by the national legislature, the ratification threshold was two-thirds of the State assemblies (Art. 126; cf. 1922, Art. 133:  “[…] they shall not be considered sanctioned without ratification by three-fourths of the Legislative Assemblies of the States.”).

CIV-SUF—Suffrage:

Article 32(12) placed electoral capacity within the right of suffrage.  Venezuelans more than twenty-one years of age who were neither under interdiction nor subject to a criminal sentence entailing political disqualification were electors and eligible for public offices, subject to constitutional restrictions and the special competence or capacity required by law for particular offices (cf. 1922, Art. 12:  “Venezuelans more than twenty-one years of age who possess the qualifications required by this Constitution are electors and eligible.”; Art. 22(11):  “Freedom of suffrage, with no restrictions other than those established by this Constitution and the laws.”).

Direct and secret voting, based on the federal electoral census, remained prescribed for the Consejos Municipales [Municipal Councils], Asambleas Legislativas [Legislative Assemblies], and congressional Deputies (Art. 17(1); cont. 1922, Art. 19, base 20, as to those elections).  The same provision did not repeat the antecedent’s prescription of indirect or delegated voting for other popularly elected officials.  Deputy elections and population qualifications remained in Articles 56 and 58 (cont. 1922, Arts. 35 and 37).

The national legislature elected the President and one Vice President (Arts. 95–97; cf. 1922, Art. 74:  “[…] a First and a Second Vice President […]”).  Article 47 required troops to remain quartered during electoral periods (cf. 1922, Art. 124:  “During electoral periods, members of the National Public Force who are on duty shall remain quartered during voting.”).

CIV-CIT—Citizenship:

The charter used nationality by birth and nationality acquired by naturalization (Art. 27; cf. 1922, Art. 10:  “Venezuelan nationality is of origin or acquired.”).  Birth in the Republic and descent from Venezuelan parents remained the grounds for nationality by birth (Art. 28; cont. 1922, Art. 10(a)).

The naturalization categories retained adult children born abroad of a father or mother Venezuelan by naturalization, statutory naturalization, and a foreign woman married to a Venezuelan under the stated conditions.  The republics whose nationals could acquire nationality through residence and declaration were designated Ibero-American, rather than Hispanic-American (Art. 29; cf. 1922, Art. 10(b)(2):  “Persons born or to be born in the Hispanic-American Republics […]”).  The declaration and publication procedure remained, with acquisition dependent upon completed publication in the Gaceta Oficial [Official Gazette]; Article 30 did not separately repeat the requirement that the executive order that publication (cont. 1922, Art. 11, as to registration and publication).

Article 31 expressly required defence of the Nation and obedience to the Constitution, laws, and lawful public acts.  Persons undertaking service against Venezuela were punishable under the law as traidores a la Patria [traitors to the Fatherland] (cf. 1922, Art. 13:  “All Venezuelans have the duty to serve the Nation as the laws provide.”; Art. 24(1):  “For undertaking to serve against Venezuela.”).  Interdiction and politically disqualifying criminal sentences appeared in the suffrage provision, while unauthorized acceptance by officials of foreign gifts and distinctions was separately punishable under Article 49 (Arts. 32(12) and 49; cf. 1922, Art. 24(3):  “For accepting, while an employee, gifts, offices, honours, or rewards from foreign governments without prior corresponding authorization from the Senate.”).

Foreigners’ rights and duties remained subject to law and could not exceed those of Venezuelans.  The political-participation and indemnification provisions continued, with municipalities expressly included in the latter; the treaty restriction appeared in the presidential treaty power (Arts. 37–39 and 100(20); cont. 1922, Arts. 15–18, as to the corresponding rules).

RTS-GAR—Rights:

Article 32 retained guarantees concerning life, property, correspondence, the home, personal liberty, expression, movement, industry, assembly, association, petition, suffrage, teaching, religion, individual security, and equality.  It expressly added work to industrial liberty and placed the right to accuse officials within the enumeration (Art. 32, nums. 8 and 11; cont. 1922, Art. 116, as to accusation).

The property provision expressly required compliance with laws concerning public hygiene and conservation of forests and waters (Art. 32(2); cf. 1922, Art. 22(2):  “[…] judicial decision, sanitary measures in accordance with law, and taking for works of public utility […]”).  The secrecy of domestic and private papers was qualified by their lack of relation to the proceeding; entry into the home could implement lawful judicial decisions in proceedings generally, alongside crime prevention and sanitary visits (Art. 32, nums. 3–4; cf. 1922, Art. 22(3):  “[…] always preserving secrecy concerning domestic and private matters.”; Art. 22(4):  “[…] to execute judicial decisions in matters of criminal procedure […]”).

Expression remained subject to responsibility for the enumerated offences.  The specific expression-related bail sentence was not repeated; bail appeared in the general security provision (Art. 32, nums. 6 and 15(f); cf. 1922, Art. 22(6):  “[…] the accused may furnish bail securing provisional liberty […] until final judgment […]”).  The association guarantee referred generally to statutory restrictions and prohibitions instead of the two laws dated 1837 and 1874 (Art. 32(9); cf. 1922, Art. 22(9):  “[…] with the exceptions established by the laws of 23 February 1837 and 5 May 1874.”).  Petitioners had a right to a timely answer; the former collective-petition signature and factual-responsibility clauses were not repeated (Art. 32(10); cf. 1922, Art. 22(10):  “If the petition is submitted by several persons, the first five answer for the authenticity of the signatures, and all for the truth of the facts.”).

Individual security retained natural judges, pre-existing law, detention formalities, the thirty-day preliminary-investigation limit, protection against self-incrimination and incommunicado detention, the twenty-year corporal-penalty ceiling, and prohibition upon a second trial for the same punishable act.  Article 32(15) additionally mentioned ascendants, release following a final judicial decision removing the grounds of detention, release upon sufficient bail in statutory cases, and prohibition of perpetual penalties even when non-corporal (cf. 1922, Art. 22(14)(8):  “Nor be condemned to corporal punishment for more than twenty years.”).  Equality expressly included equal legal protection, statutory limits upon exemptions from contributions, and an exception for diplomatic forms of address (Art. 32(16); cf. 1922, Art. 22(15)(3):  “No official form of address shall be given other than Citizen and You.”).

Unenumerated rights remained recognized (Art. 33; cont. 1922, Art. 23).  The prohibition upon impairment expressly extended to federal laws, State constitutions and laws, and municipal ordinances (Art. 34; cf. 1922, Art. 26:  “[…] shall not be impaired or injured by laws regulating their exercise […]”).  The responsibility provision included an exception for measures of national defence or preservation or restoration of peace adopted by competent officials in the cases of Article 36 (Art. 35; cf. 1922, Art. 25:  “[…] are culpable and shall be punished according to law.”).

Suspension of guarantees required a declaration by the President in Consejo de Ministros [Council of Ministers] during international or civil war or imminent danger of either.  It lasted only until peace was restored and preserved life and the prohibition of infamous punishment.  Confiscation was prohibited except for the specified reciprocal wartime reprisals.  Arrest, confinement, and expulsion ceased with the circumstances occasioning them, except that expulsion of foreigners could remain unrevoked (Art. 36; cf. 1922, Art. 79(23)(d):  “[…] to suspend […] rights whose exercise is incompatible with the defence of the country, except the inviolability of life.”).

REG-MIL—The Armed Force:

Federal competence expressly included the Ejército [Army], Armada [Navy], and Aviación Militar [Military Aviation].  States and municipalities could maintain only police and prison guards, apart from forces organized by federal order.  The proportional contingent extended expressly to the States, Federal District, Territories, and Dependencies; the law could organize contractual enlistment as well as citizen militias (Art. 15(8); cf. 1922, Art. 19, base 22:  “To supply the unarmed contingent proportionally corresponding to them to constitute the National Public Force […]”).  National ownership of military materiel remained (Art. 15(8); cont. 1922, Art. 115).

The prohibition upon concurrent civil and military authority now expressly excepted the President and lawful wartime assignment of military functions to a civil officer (Art. 45; cf. 1922, Art. 111:  “[…] except in cases of disturbance of public order.”).  The armed force remained passive, obedient, and non-deliberative, with requisitions through civil authorities; the electoral quartering requirement referred to troops (Art. 47; cont. 1922, Art. 125, as to non-deliberation and requisitions; see also 1922, Art. 124).

The President retained direction of war, command of the Army and Navy, organization of the Army and national militia, and determination of force numbers (Art. 100(23); cont. 1922, Art. 79(22)).  The Chambers retained the declaration of war and legislation upon formation and replacement of forces (Art. 78, nums. 14–15; cont. 1922, Art. 58, nums. 20 and 19).  The 1925 enumeration did not retain the annual legislative appointment of a separate Commander in Chief or the associated qualification of presidential powers (cf. 1922, Art. 57(2):  “To appoint each year, if deemed appropriate […] a Commander in Chief of the National Army, and determine his functions in the same act.”; Art. 79, sole paragraph:  “[…] in conformity with what Congress determines when exercising attribution 2 of Article 57 […]”).

REG-REL—Religion:

Religious liberty remained under statutory regulation and the supreme inspection of worship by the Ejecutivo Federal [Federal Executive].  The guarantee now expressly preserved the Patronato Eclesiástico [Ecclesiastical Patronage] referred to in Article 52 (Art. 32(14); cf. 1922, Art. 22(13):  “Religious liberty in accordance with the laws and under the supreme inspection of every form of worship by the Federal Executive.”).  Exercise of that patronage under the Ley de 28 de julio de 1824 [Law of 28 July 1824] remained (Art. 52; cont. 1922, Art. 112).

ECO-INF—Infrastructure:

Federal competence retained aerial, maritime, and fluvial navigation, wharves, national roads, and Correos, Telégrafos y Teléfonos [Posts, Telegraphs, and Telephones].  Article 15 expressly included wireless communications, landing works, cables aéreos de tracción [aerial traction cables], and railways even within one State, while reserving urban tramways and urban traction cables to the respective municipalities (Art. 15, nums. 13 and 15–16; cf. 1922, Art. 19, base 9:  “[…] aerial, maritime, coastal, and fluvial navigation and wharves and national roads […]”).  The rule against restricting navigation of waters requiring no special works remained.

Federal public works throughout the Nation were expressly provided for without excluding works undertaken by States and municipalities (Art. 15(19)).  Article 21 authorized federal forts, wharves, warehouses, shipyards, penitentiaries, and the other enumerated establishments in State territory (cf. 1922, Art. 19, base 7:  “To cede to the Government of the Federation the territory necessary to erect forts, aerodromes, wharves, warehouses, shipyards, penitentiaries, communication routes, quarantine stations, national buildings, and other works indispensable to the general Administration.”).

The Municipalidades [Municipalities] received express competence for police, supplies, cemeteries, municipal ornamentation, civil architecture, lighting, aqueducts, urban tramways, and other municipal services.  Local hygiene remained subject to federal sanitary law, regulation, and inspection (Art. 18(1); cf. 1922, Art. 19, base 4:  “[…] municipal autonomy of the Districts and their independence from the political power of the State in matters concerning their economic and administrative regime […]”).

Congressional approval covered the enumerated railway, traction-cable, telegraphic, wireless, immigration, and other national-interest contracts.  Mining concessions and public-land titles issued according to their respective laws were excluded from that approval (Art. 78(6); cf. 1922, Art. 58(10):  “To approve or deny […] mining titles and concessions and alienations of public lands […] concessions for constructing communication routes […]”).  The legislative enumeration included navigation, communications, railways, roads, motor traffic, public lands, saltworks, pearl fisheries, and mines (Art. 78(18); cf. 1922, Art. 19, base 9, sole paragraph:  “The Federal Power is authorized to issue legislative and executive provisions concerning mechanically propelled vehicle traffic upon those roads.”).

Presidential regulation of sanitary and communications services required the Consejo de Ministros [Council of Ministers] (Art. 100(10); cont. 1922, Art. 79(10), as to the services regulated).  The competent Minister issued navigation patents and titles for public-land adjudications or leases and mining concessions (Art. 100, nums. 12 and 29; cf. 1922, Art. 79(18):  “To administer public lands, mines, saltworks, and the distilled-spirits revenue in conformity with this Constitution and the laws.”).

CON-FIN—Final Provisions:

The seven-year federal period was counted from 19 April 1922, with legislative renewal within it (Art. 54; cf. 1922, Art. 128:  “The constitutional terms of the Executive and Judicial branches of the Federal Power shall last seven years and shall be counted from 19 April of the election year.”).  Article 128 continued the existing President, Vice President, and Court Members for the unexpired period, numbered the Court Alternates by their former electoral groups, retained Senators and Deputies for the remainder of their three-year terms, and required provision of the Procurator’s office under Article 113.

The Disposiciones Transitorias [Transitory Provisions] also authorized provisional presidential organization of the States pending their new constitutions and prescribed reciprocal renunciation of specified State and national fiscal claims through the fiscal year 1924–1925 (Arts. 129–130).  These were not the transitory subject of 1922 (cf. 1922, Art. 136:  “The First and Second Vice Presidents of the Republic for the present term shall be elected as soon as this Constitution is promulgated.”).

Promulgation and entry into force followed legislative scrutiny establishing State ratification (Art. 131; cont. 1922, Art. 135, as to scrutiny before commencement).  The Constitution of 19 June 1922, ordered executed on 24 June 1922, was repealed (Art. 132; cf. 1922, Art. 137:  “The Constitution of 13 June 1914 is repealed.”).  The official computation of Independence and Federation remained in Article 26 (cont. 1922, Art. 129).

The concluding attestation was dated 24 June 1925 at the Palacio Federal Legislativo [Federal Legislative Palace], Caracas.  The execution order was dated 1 July 1925 at the Palacio Federal [Federal Palace], Caracas, and signed by J. V. Gómez and the Ministers.  The prefatory agreement of 24 June 1925 used in this apparatus is identified under DOC-PRE and in the source note.

Source note:  this entry follows the recension of the Centro para la Integración y el Derecho Público [Centre for Integration and Public Law] (CIDEP), with the prefatory date and enacting formula corrected by collation with the reproduction in the Portal Iberoamericano de Derecho de la Cultura [Ibero-American Portal of Cultural Law], page 1.  The Biblioteca Virtual Miguel de Cervantes [Miguel de Cervantes Virtual Library] catalogue independently records sanction on 24 June 1925 and execution and official publication on 1 July 1925.  1925 CIDEP recension, 1925 collation witness, 1925 catalogue record, 1922 antecedent.


“Unmasking Disappointment: Series XVII”

September 20, 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”.

Ricardo F. Morín

Sept 20, 2026

Bala Cynwyd, Pennsylvania


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13).  The Constitution of 1909

The 1909 Constitución de los Estados Unidos de Venezuela [Constitution of the United States of Venezuela] was ratified by the Asambleas Legislativas de los Estados [State Legislative Assemblies], declared sanctioned by the Congreso [Congress] in Caracas on 4 August 1909, and promulgated in the same city on 5 August, under the presidency of Juan Vicente Gómez.

DOC-PRE—Preamble:

The charter designated its introductory formula as the Prólogo [Prologue]:

“The Congress of the United States of Venezuela, in the name of Almighty God, by authority of the Peoples of the Republic, and in exercise of the faculty conferred upon it by Article 130 of the Constitution, decrees the following:  Constitution.”

The 1909 formula mentions the authority of the Peoples of the Republic and the exercise of the faculty conferred by Article 130.  The 1904 formula identified the Congress as Constituyente [Constituent] and did not cite an article of the preceding Constitution (cf. 1904, formula of sanction:  “THE CONSTITUENT CONGRESS OF THE UNITED STATES OF VENEZUELA, IN THE NAME OF ALMIGHTY GOD AND BY AUTHORITY OF THE PEOPLES OF VENEZUELA, DECREES THE FOLLOWING:  CONSTITUTION”).

FND-TER—Territory:

The Constitution declared that the Venezuelan Nation was the union of all Venezuelans under one covenant of political association for their common utility (Title I, Art. 1; new).  It declared the Nation forever and irrevocably free and independent of every foreign power or “denomination,” according to the word reproduced in the CIDEP recension, and prohibited any authority, Congress, or power from altering its republican, federal, democratic, elective, representative, alternating, and responsible form (Art. 2; new).

The territory comprised everything denominated the Capitanía General de Venezuela [Captaincy General of Venezuela] before the political transformation of 1810, with the modifications resulting from public treaties, and was divided for its better administration into Estados [States], Secciones [Sections], Distritos [Districts], Municipios [Municipalities], and Territorios Federales [Federal Territories] (Art. 3; cf. 1904, Title I, Art. 1:  “The Territory of the United States of Venezuela is the same as that which, in the year 1810, corresponded to the Captaincy General of Venezuela, with the modifications resulting from Public Treaties.”).

The Secciones [Sections] that had formed the Pacto de Unión de 1864 [Covenant of Union of 1864] resumed their sovereignty and united to constitute twenty States enumerated and denominated by the charter (Art. 4; cf. 1904, Title I, Arts. 2–3, which organized thirteen States from Districts).  Their boundaries were governed by those assigned to the former Provinces by the Law of 28 April 1856; boundary controversies were submitted to the arbitral tribunal prescribed by Article 144 (Art. 5; cf. 1904, Title I, Art. 3, § 2, and Title VIII, Art. 126).  The States could unite without relinquishing the faculty to recover their separate character and, while united, retained their rights of representation in the Consejo de Gobierno [Council of Government] and the Corte Federal y de Casación [Federal and Cassation Court] (Arts. 6–8; new in relation to the territorial organization of 1904).

The Territorios Federales Amazonas y Delta Amacuro [Amazonas and Delta Amacuro Federal Territories] could acquire the category of States if they attained the population basis required to elect one Deputy and demonstrated the capacity to attend to public services and their expenditures (Art. 9; cf. 1904, Title I, Art. 4:  “The Federal Territories may attain the category of State provided that they satisfy the following conditions: 1. To have at least one hundred thousand inhabitants; and 2. To demonstrate before Congress that they possess the capacity to attend to the public service in all its branches and to meet the expenditures that it requires.”).  The Distrito Federal [Federal District] comprised the city of Caracas, its outlying parishes, and the Departamento Vargas [Vargas Department]; Caracas was the seat of the General Powers, although the Executive could establish its transitory residence at another place within the District (Art. 10; cf. 1904, Title I, Art. 5).

The national territory could not be alienated, leased, or ceded in any manner to a foreign power (Art. 11; cf. 1904, Title I, Art. 6:  “The territory of the Nation may not be alienated in any manner to a foreign power.”).

POW-LEG—Congress:

The Legislative Power resided in a bicameral Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela], composed of a Cámara del Senado [Chamber of the Senate] and a Cámara de Diputados [Chamber of Deputies] (Title V, Sec. I, Art. 35; cont. 1904, Title V, Sec. I, Art. 30:  “The Legislative Power is exercised by an Assembly denominated the Congress of the United States of Venezuela, composed of two Chambers, one of Senators and the other of Deputies.”).

Each State directly elected one Diputado [Deputy] for every thirty-five thousand inhabitants and one additional Deputy for an excess of fifteen thousand, with at least one Deputy for each State; it elected an equal number of Suplentes [Alternates].  The Deputies served four years and were renewed in their entirety (Arts. 36–38; cf. 1904, Title V, Sec. II, Art. 31:  “To form the Chamber of Deputies, each State shall elect by direct vote and in conformity with its Election Law one Deputy for every forty thousand inhabitants, and one additional Deputy for an excess of twenty thousand. […] The Deputies shall serve six years in their functions.”).  Each Asamblea Legislativa Estatal [State Legislative Assembly] elected from outside its membership two principal Senators and two Alternates, likewise for four years (Arts. 40–41; cf. 1904, Title V, Sec. III, Art. 35:  “To form this Chamber, the Legislative Assembly of each State shall elect from outside its membership two Principal Senators and two Alternates […] The Senators shall serve six years in their functions.”).

Both Chambers judged the qualifications of their members, adopted their regulations, exercised disciplinary authority, enjoyed immunity during the period fixed around their sessions, and observed the prescribed incompatibilities (Arts. 43–56; cont. 1904, Title V, Sec. IV, Arts. 38–51).  When assembled as Congreso [Congress], they examined the presidential message and ministerial accounts and elected the President of the Republic, the Consejo de Gobierno [Council of Government], and the Corte Federal y de Casación [Federal and Cassation Court].  When acting separately as co-legislative bodies, they sanctioned national legislation and exercised the powers respecting taxation, currency, debt, loans, census, sanitation, treaties, national contracts, weights and measures, military organization, Federal Territories, and declarations of war (Arts. 57–58; cf. 1904, Title V, Sec. V, Arts. 52–53).

Bills received three readings in each Chamber.  Once sanctioned, they were communicated to the President for execution and publication; the Minister of the respective branch could also initiate designated codes after prior publication of the bill in the press (Arts. 59–72; cf. 1904, Title V, Sec. VI, Arts. 54–67).

ECO-TES—Treasury:

The Congreso [Congress] decreed national taxes, determined all matters pertaining to the national debt and its interest, decreed loans upon the credit of the Nation, and sanctioned the Presupuesto General de Rentas y Gastos Públicos [General Budget of Public Revenues and Expenditures] (Title V, Art. 57, nums. 6, 10, 11, and 15; cont. 1904, Title V, Art. 52, nums. 5, 9, 10, and 14:  “To decree national taxes”; “To determine all matters pertaining to the National Debt and its interest”; “To decree loans upon the credit of the Nation”; “To sanction the General Budget of Public Revenues and Expenditures”).  The Ministros del Despacho [Ministers of the Departments] presented annually the General Budget and the general account of the preceding year (Title VI, Art. 103; cf. 1904, Title VI, Art. 86, which required biennial accounts).

No expenditure could be made from the Tesoro Nacional [National Treasury] without an express congressional appropriation in the General Budget or an additional credit approved by the Consejo de Gobierno [Council of Government].  Officials acting in contravention incurred civil liability to the Treasury; ordinary expenditures had precedence over extraordinary expenditures, and every additional credit had to be submitted to Congress for approval (Title VIII, Art. 134; cf. 1904, Title VIII, Art. 116:  “No expenditure shall be made from the National Treasury for which Congress has not expressly appropriated an amount in the General Budget of Public Expenditures […] In every disbursement, ordinary expenditures shall have precedence over extraordinary expenditures.”).

Neither the Legislative Power nor any authority of the Republic could issue paper currency, declare banknotes or other paper-represented values to be legal tender, or authorize the coinage of silver or nickel currency without prior congressional authorization conferred through the ordinary legislative procedure (Art. 135; cont. 1904, Title VIII, Art. 117).  Exports remained free from duties throughout Venezuela (Art. 133; cf. 1904, Title II, Art. 7, Basis 10:  “Not to impose contributions upon national products destined for exportation.”).

POW-EXE—Executive:

The Administración General de la Unión [General Administration of the Union] belonged to the Ejecutivo Nacional [National Executive] in every matter not attributed to another authority.  The Executive was exercised by the Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela], with the Ministros del Despacho [Ministers of the Departments] as his organs and with the Consejo de Gobierno [Council of Government] in the powers expressly conferred upon that body (Title VI, Arts. 73–74; cf. 1904, Title VI, Arts. 68–69:  “[…] the Federal Executive […] is exercised by a Magistrate denominated the President of the United States of Venezuela, in union with the Ministers of the Departments, who are his organs.”).

Within the first fifteen days after their installation, the Chambers assembled as Congreso [Congress] elected the President directly, in a public and permanent session and by secret ballot; the citizen obtaining an absolute majority of the members present was elected (Arts. 75–77; cf. 1904, Title VI, Arts. 70–72:  “There shall be an Electoral Body composed of fourteen members of the National Congress, elected by it […]”).  The Constitution of 1909 does not contain the Cuerpo Electoral [Electoral Body] prescribed by Articles 70–72 of 1904.

The President was required to be Venezuelan by birth, of secular status, more than thirty years of age, and in possession of his civil and political rights (Art. 78; cf. 1904, Title VI, Art. 73:  “The President of the United States of Venezuela shall be Venezuelan by birth and more than thirty years of age […]”).  Temporary or absolute absences were supplied by the Vocal [Member] presiding over the Consejo de Gobierno [Council of Government].  If an absolute vacancy occurred during the first two years of the term, the Councillor exercising the presidency convened Congress to elect the citizen who would complete the term (Art. 79; cf. 1904, Title VI, Art. 74, which prescribed First and Second Vice Presidents).

The President’s exclusive powers included appointing and removing the Ministers; administering the Federal District and the Federal Territories; directing war and commanding the Army and Navy; executing and publishing the Constitution, laws, and decrees; issuing regulations without altering the spirit or rationale of the law; organizing the Army and the National Militia; negotiating loans decreed by Congress; supervising national revenues; regulating posts, telegraphs, and telephones; and exercising the other enumerated functions (Art. 80; cf. 1904, Title VI, Arts. 75 and 80).

With the consultative vote of the Consejo de Gobierno [Council of Government], the President convened Congress extraordinarily, declared a war decreed by Congress, directed the prescribed proceedings of the Procurador General de la Nación [Procurator General of the Nation], administered public lands, mines, saltworks, and the distilled-spirits revenue, directed diplomatic negotiations, concluded national contracts, and could exclude or expel designated foreigners (Art. 81).  With the deliberative vote of the Council, he exercised the extraordinary powers applicable during foreign war, internal commotion, or armed rebellion; employed the public force to terminate armed collisions between States or suppress rebellions; and granted amnesties and pardons (Art. 82; cf. 1904, Title VI, Art. 80, nums. 8, 9, and 11).

The President presented an annual message to Congress (Art. 83; cont. 1904, Title VI, Art. 76).  He could not be reelected for the immediately succeeding term, even if he had not completed the term for which he was elected.  Neither could a citizen who had exercised the presidency during the last year of the preceding term, nor a relative of either citizen within the fourth degree of consanguinity or the second degree of affinity, be elected for the immediately succeeding term (Art. 84; cf. 1904, Title VI, Art. 77:  “The President of the United States of Venezuela may not be reelected for the immediately succeeding term.”).  His salary was fixed by law and could not be increased except for the succeeding term (Art. 85; cont. 1904, Title VI, Art. 78).

The President ceased exercising his functions on 19 April of the final year of the term; on that date, the President of the Corte Federal y de Casación [Federal and Cassation Court] assumed the Executive until the newly elected President took office (Art. 86; cf. 1904, Title VIII, Art. 133:  “[…] precisely on 23 May, the President […] shall cease […] and the Minister of Interior Relations shall enter upon the exercise of the Presidency […]”).  The President was responsible for treason against the Fatherland and ordinary crimes (Art. 87; cont. 1904, Title VI, Art. 79).

The charter established a Consejo de Gobierno [Council of Government] composed of ten Vocales [Members], elected by Congress every four years to represent ten regional groupings.  The Council rendered the consultative and deliberative votes required for presidential powers, authorized additional credits, and could report upon legislation and administration (Arts. 88–97).  The Constitution of 1904 does not contain a Consejo de Gobierno [Council of Government].  The Ministros del Despacho [Ministers of the Departments] were the President’s sole and necessary legal organs, countersigned his acts, incurred personal responsibility for them and joint responsibility for matters resolved in the Consejo de Ministros [Council of Ministers], and presented annual reports and accounts to Congress (Arts. 98–105; cf. 1904, Title VI, Arts. 81–88).

POW-JUD—Judicial Power:

The Judicial Power resided in the Corte Federal y de Casación [Federal and Cassation Court] and in the other tribunals and courts established by law.  Judicial officials were responsible for treason against the Fatherland, bribery or corruption, violation of the Constitution and laws, and ordinary crimes (Title VII, Arts. 106–107; cont. 1904, Title VII, Arts. 89–90).

The Corte Federal y de Casación [Federal and Cassation Court] was the Supreme Tribunal of the Federation and the States.  It was composed of seven Vocales [Members] elected by Congress every four years; the groupings of States and the Federal District presented two candidates, and those not elected became Alternates (Arts. 108–111; cf. 1904, Title VII, Arts. 91–94:  “The Federal and Cassation Court […] shall be composed of seven Members […]”, whose members served six years).  The Members were required to be Venezuelan by birth, more than thirty years of age, and attorneys of the Republic (Art. 108, sole paragraph; cont. 1904, Title VII, Art. 91, sole §).

The Court heard constitutional accusations against the President, Councillors of Government, Ministers, the Procurador General [Procurator General], the Governor of the Federal District, and its own members; proceedings against senior State officials; diplomatic causes; civil suits in which the Nation was defendant; cassation proceedings; prize causes; jurisdictional controversies; the constitutionality of laws; the nullity of acts contrary to the Constitution or State autonomy; controversies arising from presidential contracts; the recognition of foreign judgments; and the other matters attributed by the Constitution and laws (Art. 112; cf. 1904, Title VII, Art. 95).  It presented annually to Congress an account of its work and a report upon impediments to the uniformity of civil, criminal, and commercial legislation (Art. 113; cf. 1904, Title VII, Art. 96, which required a biennial account).  Its Members could not accept employment dependent upon the Executive while exercising their functions, and their remuneration was fixed by law (Arts. 114–115; cont. 1904, Title VII, Arts. 97–98).

The Ministerio Público [Public Ministry] was entrusted to the Procurador General de la Nación [Procurator General of the Nation], who was required to be Venezuelan by birth, more than thirty years of age, and an attorney, and who served two years with two Alternates (Arts. 116–118; cont. 1904, Title VII, Arts. 99–101).  The Procurator promoted the execution of laws, issued legal opinions, supervised federal officials, instituted the prescribed accusations, exercised the Ministerio Fiscal [Fiscal Ministry], and defended the interests of the Nation (Art. 119; cont. 1904, Title VII, Art. 102).

Recensional note:  the CIDEP reproduction of Article 109 omits the Sixth Grouping and enumerates six groupings for a Court of seven Members.  The same recension proceeds from Article 130 to Article 132.  This corpus records both lacunae without supplying text.

POW-SUB—Subnational Government:

The States of the Union were autonomous and equal as political entities and retained the sovereignty not delegated by the Constitution, subject to the obligations of the Bases de la Unión [Bases of the Union] (Title II, Art. 12; cont. 1904, Title II, Art. 7:  “The States forming the Venezuelan Union are autonomous and equal as political entities and retain in its plenitude the sovereignty not delegated by this Constitution […]”).  Every matter not expressly attributed to the General Administration of the Nation belonged to the States; their constitutional terms were to endure four years from 20 February 1910 (Title VIII, Art. 120; cf. 1904, Title VIII, Art. 103:  “[…] the constitutional terms of their Public Powers shall be three years, counted from 1 January 1905.”).

The State tribunals were independent, subject to no review other than that of the Corte Federal y de Casación [Federal and Cassation Court] in the cases permitted by law (Art. 122; cont. 1904, Title VIII, Art. 105).  Every act of the Legislative Chambers or the Federal Executive that violated rights guaranteed to the States or attacked their autonomy was to be declared null by the Court (Art. 123; cont. 1904, Title VIII, Art. 106).

The Federal Government could not maintain within the States resident officials vested with jurisdiction or authority other than the express exceptions for the Treasury, Public Instruction, administration of mines, public lands, saltworks, and the distilled-spirits revenue, and military services at frontiers, fortresses, parks, naval stations, and authorized ports (Art. 129; cont. 1904, Title VIII, Art. 112).  Any citizen could accuse national or State officials before the tribunals or authorities designated by law (Art. 132; cont. 1904, Title VIII, Art. 115).  For the civil and political acts of the States, the governing population was that determined by the latest census approved by Congress (Art. 151; cont. 1904, Title VIII, Art. 134).

CON-AMD—Amendment of the Constitution:

The Constitution admitted amendments and additions, but Congress could decree them only in ordinary sessions, upon the request of three-fourths of the State Legislative Assemblies meeting in ordinary session and upon the points on which a majority of the States concurred.  They could not enter into force until after the renewal of the Public Powers that had requested or sanctioned them (Title VIII, Art. 145; cf. 1904, Title VIII, Art. 127:  “This Constitution is susceptible of amendments or additions; but neither may be decreed by the National Congress except in ordinary sessions and when requested by three-fourths of the Legislative Assemblies of the States in ordinary sessions.”).

The amendments followed the ordinary legislative procedure; once approved by Congress, its President remitted them to the Legislative Assemblies for definitive ratification.  Congress could also initiate amendment, but it required ratification by three-fourths of the Assemblies.  Irrespective of the origin of the initiative, the definitive vote returned to Congress for canvass (Arts. 146–149; cont. 1904, Title VIII, Arts. 128–131).

CIV-SUF—Suffrage:

All Venezuelans more than twenty-one years of age who satisfied the constitutional and legal conditions were electors and eligible for public office (Title III, Art. 15; cont. 1904, Title III, Art. 10:  “Venezuelans more than twenty-one years of age are electors and eligible, subject only to the conditions expressed in this Constitution and the laws.”).  Freedom of suffrage appeared among the guaranteed rights (Art. 23, num. 11; cont. 1904, Title III, Art. 17, num. 11).

The Bases de la Unión [Bases of the Union] required direct vote for the Concejos Municipales [Municipal Councils], the Asambleas Legislativas [Legislative Assemblies], and the Cámara de Diputados [Chamber of Deputies], and indirect or delegated vote for the other officials of popular election; both forms were to be secret and based upon the electoral census (Title II, Art. 12, num. 19; cf. 1904, Title II, Art. 7, num. 19:  “[…] the direct vote, and for their other officials of popular election, the direct or delegated vote […]”).  During electoral periods, the National Public Force and the forces of the States remained quartered during popular elections (Title VIII, Art. 137; cont. 1904, Title VIII, Art. 119).

CIV-CIT—Citizenship:

The Constitution distinguished between Venezuelans by birth and by naturalization (Title III, Art. 13; cont. 1904, Title III, Art. 8:  “Venezuelans are such by birth or by naturalization.”).  Venezuelans by birth were those born in Venezuela and the children of Venezuelan parents, irrespective of their place of birth.  Venezuelans by naturalization were the children of a Venezuelan father or mother by naturalization, born outside the Republic, who established domicile in the country and manifested their will; persons born in the Hispanic-American Republics who established residence and declared their will; foreigners who obtained letters of naturalization; and a foreign woman married to a Venezuelan under the prescribed conditions (Art. 13; cf. 1904, Title III, Art. 8).

The declaration of will was made before the Registrador Principal [Principal Registrar] of the applicant’s domicile and transmitted to the Executive for publication in the Gaceta Oficial [Official Gazette] (Art. 14; cont. 1904, Title III, Art. 9:  “The declaration of the will to be Venezuelan must be made before the Principal Registrar […] who […] shall send a copy of it to the National Executive for publication in the Official Gazette.”).  Venezuelans were required to serve the Nation in conformity with law and enjoyed equal rights throughout the territory of the Republic (Arts. 16–17; cont. 1904, Title III, Arts. 11–12).

The rights of citizenship were suspended for undertaking to serve against Venezuela; for a sentence carrying interdiction or disqualification; for an official’s acceptance of offices, honors, or rewards from a foreign government without authorization from the Senate; and for judicial interdiction (Art. 18; new).  The rights and duties of foreigners were remitted to law, subject to the provisions respecting political participation, indemnities, and treaties (Arts. 19–22; cont. 1904, Title III, Arts. 13–16).

RTS-GAR—Rights:

The Nation guaranteed the inviolability of life and abolished capital punishment, irrespective of the law establishing it or the authority ordering it (Title III, Art. 23, num. 1; cf. 1904, Title III, Art. 17, num. 1:  “The inviolability of life, capital punishment being abolished.”).  It protected property, subject to legislative contributions, judicial decision, and taking for public utility after prior indemnification and adversarial proceedings (Art. 23, num. 2; cont. 1904, Title III, Art. 17, num. 2).

The charter guaranteed correspondence and private papers, the domestic home, personal liberty, expression and the press, transit, industry, assembly and association, petition, suffrage, education, religion, individual security, and equality (Art. 23, nums. 3–15).  The text of 1909 provided that, in causes relating to expression, the accused could not be detained before final judgment; included the right to depart from the Republic and return with one’s property; subjected industry to public order and good morals and prohibited games of chance, raffles, and lotteries; prohibited a second trial for the same offense; and declared infamous punishments abolished (cf. 1904, Title III, Art. 17, nums. 6–8 and 14).

The enumeration did not prevent the States from recognizing other rights and did not deny other rights that might belong to citizens (Arts. 24–25; cf. 1904, Title III, Art. 18:  “The preceding enumeration does not restrict the faculty of the States to accord other rights to their inhabitants.”; new in relation to the general clause of Art. 25).  A person who issued, signed, executed, or ordered the execution of decrees or resolutions violating the guaranteed rights was culpable under law and was required to indemnify the injured party (Art. 26; cf. 1904, Title III, Art. 20).  Regulatory laws that impaired those rights were unconstitutional and without effect (Art. 27; cont. 1904, Title III, Art. 21).

REG-MIL—The Armed Force:

The Congreso [Congress] fixed annually the number of naval and land forces, issued Army ordinances and the law for the formation and replacement of the forces, determined the manner of conferring military grades and promotions, conferred grades from Lieutenant Colonel upward, and decided upon the admission of foreigners into the service of the Republic (Title V, Art. 57, nums. 23–27).  The power respecting admission of foreigners belonged to Congress under Article 57, num. 23, of 1909 and to the Executive under Article 80, num. 21, of 1904.  The President directed war, commanded the Army and Navy, and organized the Army and the National Militia (Title VI, Art. 80, nums. 6 and 10; cf. 1904, Title VI, Arts. 75, num. 6, and 80, num. 4).

During foreign war, internal commotion, or armed rebellion, and after a declaration that public order was disturbed, the President exercised the enumerated extraordinary powers with the deliberative vote of the Consejo de Gobierno [Council of Government] (Art. 82; cf. 1904, Title VI, Art. 80, num. 8).  The Fuerza Pública Nacional [National Public Force] was divided into naval and land forces and was composed of citizen militias; it could be increased in time of war.  Military and civil authority could not be exercised simultaneously by the same person or corporation except during disturbances of public order.  During elections, the National Public Force and the State forces remained quartered.  The armed force could not deliberate, was passive and obedient, and could require assistance only through the civil authorities (Title VIII, Arts. 124–127, 137, and 140; cont. 1904, Title VIII, Arts. 107–110, 119, and 122).

The Constitution of 1909 does not contain the office of Comandante en Jefe del Ejército Nacional [Commander in Chief of the National Army].  Article 43 of the Estatuto Constitucional Provisorio [Provisional Constitutional Statute] of 19 April 1914 regulated that office for the provisional period.  Article 57, num. 2, of the June 1914 Constitution authorized Congress to appoint that officer annually.

REG-REL—Religion:

Religious liberty could not impair the Republic’s derecho de Patronato [right of Patronage], which was to be exercised in conformity with law, and the Federal Executive retained supreme inspection over every established or future form of worship (Title III, Art. 23, num. 13; cf. 1904, Title III, Art. 17, num. 13:  “Religious liberty in conformity with the laws and under the supreme inspection of the President of the Republic.”).  The Nation was to exercise the Patronato Eclesiástico [Ecclesiastical Patronage] in conformity with the Law of 28 July 1824 (Title VIII, Art. 128; cont. 1904, Title VIII, Art. 111).

ECO-INF—Infrastructure:

The States ceded to the Federal Government the territory necessary for fortresses, wharves, warehouses, shipyards, penitentiaries, and other works indispensable to the administration (Title II, Art. 12, num. 7; cont. 1904, Title II, Art. 7, num. 7:  “To cede to the Government of the Federation the territory necessary to erect fortresses, wharves, warehouses, shipyards, penitentiaries, and other works indispensable to the general administration.”).  They reserved to the Federal Power legislative and executive jurisdiction over maritime, coastal, and river navigation, wharves, and national roads; roads passing beyond the boundaries of one State and leading to another State, the Federal District, or the Federal Territories were national roads (Art. 12, num. 9; cont. 1904, Title II, Art. 7, num. 9).

The President regulated federal posts, telegraphs, and telephones and could create or abolish stations or offices when urgently required, reporting to Congress (Title VI, Art. 80, num. 14; cont. 1904, Title VI, Art. 80, num. 17).  Congress legislated respecting the Federal District and the Federal Territories, sanitation, statistics, and works encompassed within the general powers of the Federal Power (Title V, Art. 57, nums. 4, 12, 16, and 21).

CON-FIN—Final Provisions:

The Constitution was to be promulgated and enter into force when Congress, after canvassing the votes of the State Legislative Assemblies, ascertained ratification of the amendments and additions (Title VIII, Art. 153; new).  It opened a provisional period until 19 April 1910 for preparation of the definitive organization of the Republic (Art. 154; new).  During that period, Congress was to elect a Provisional President under the formalities established for the office, and the Provisional President could issue the measures, decrees, and regulations necessary for political and administrative organization (Transitory Provisions, Arts. 155–156; new).

The constitutional terms of the Federal Power were to endure four years from 19 April 1910 (Art. 150; cf. 1904, Title VIII, Art. 132:  “The constitutional terms of the Federal Power shall endure six years, counted from 23 May 1905.”).  The date of Independence was to be computed from 19 April 1810 (Art. 152; cf. 1904, Title VIII, Art. 135:  “[…] the date of Independence from 5 July 1811 […]”).  The Final Provision repealed the Constitution of 27 April 1904 (Art. 157; new).  The charter was given at the Palacio Federal Legislativo [Federal Legislative Palace] in Caracas on 4 August 1909 and ordered executed on 5 August by J. V. Gómez and the Minister of Interior Relations.

Note:  the original text of the 1909 Constitution may be consulted in the CIDEP Recopilación de Leyes y Decretos de Venezuela [Compilation of the Laws and Decrees of Venezuela]:  https://cidep.online/files/constituciones/1909.pdf

*

14).  The Constitution of 1914

The 1914 Constitución de los Estados Unidos de Venezuela [Constitution of the United States of Venezuela] was ratified by the Asambleas de Plenipotenciarios de los Distritos de los Estados [Assemblies of Plenipotentiaries of the Districts of the States], declared sanctioned by the Congreso de Diputados Plenipotenciarios [Congress of Plenipotentiary Deputies] in Caracas on 13 June 1914, and promulgated in the same city on 19 June, under the provisional presidency of Victorino Márquez Bustillos.  It was preceded by the Estatuto Constitucional Provisorio [Provisional Constitutional Statute] of 19 April 1914.

Historical reference

President Victorino Márquez Bustillos exercised the provisional presidency from 1914 until 1922.  During that period, President Juan Vicente Gómez held military command as Comandante en Jefe del Ejército Nacional [Commander-in-Chief of the National Army].  Following his election by Congress in 1915, Gómez remained President-elect without assuming the presidency, while Márquez Bustillos continued to exercise the provisional presidency.

Source: Ramón J. Velásquez, “Gómez, Juan Vicente,” Diccionario de Historia de Venezuela, Fundación Empresas Polar.

https://bibliofep.fundacionempresaspolar.org/dhv/entradas/g/gomez-juan-vicente

DOC-PRE—Preamble:

The charter opened with a formula of sanction by the Congreso de Diputados Plenipotenciarios [Congress of Plenipotentiary Deputies]:

“The Congress of Plenipotentiary Deputies of the States forming the Venezuelan Union, in exercise of the power conferred upon it by the Assemblies of Plenipotentiary Deputies of the Districts of the States, in the name of Almighty God, decrees the present:  Constitution.”

The 1914 formula mentions the power conferred by the Assemblies of Plenipotentiary Deputies of the Districts of the States.  The 1909 formula mentioned the authority of the Peoples of the Republic and the faculty conferred by Article 130 of that Constitution (cf. 1909, Prólogo [Prologue]:  “The Congress of the United States of Venezuela, in the name of Almighty God, by authority of the Peoples of the Republic, and in exercise of the faculty conferred upon it by Article 130 of the Constitution, decrees the following:  Constitution.”).

FND-TER—Territory:

The territory comprised everything denominated the Capitanía General de Venezuela [Captaincy General of Venezuela] before the political transformation of 1810, with the modifications resulting from public treaties, and consisted of the territories of the States, the Distrito Federal [Federal District], the Territorios Federales Amazonas y Delta Amacuro [Amazonas and Delta Amacuro Federal Territories], and the Venezuelan islands in the Caribbean Sea (Title I, Art. 1; cf. 1909, Title I, Art. 3:  “The territory of Venezuela comprises everything denominated the Captaincy General of Venezuela before the political transformation of 1810, with the modifications resulting from Public Treaties.  For its better administration, it is divided into States, Sections, Districts, Municipalities, and Federal Territories.”).

The general boundaries of each State were those then existing, determined by the Law of 28 April 1856, subject to the modifications established by the Constitution of 1909 (Art. 2; cf. 1909, Title I, Art. 5).  Boundary controversies were submitted by the Cámara del Senado [Chamber of the Senate], upon the request of one or more of the respective States, to a tribunal of arbitrators exercising equitable powers and freely appointed by the Federal Executive (Art. 3; cf. 1909, Title I, Art. 5, sole paragraph, and Title VIII, Art. 144).

The Distrito Federal [Federal District] comprised the city of Caracas, its outlying parishes, and the Departamento Vargas [Vargas Department]; Caracas was the capital and seat of the General Powers, although the Executive could establish its transitory residence elsewhere within the Federal District (Arts. 4 and 6; cont. 1909, Title I, Art. 10).  The Amazonas and Delta Amacuro Territories could attain the category of States upon satisfying the prescribed population and administrative-capacity conditions.  The Venezuelan islands of the Caribbean Sea depended directly upon the Federal Executive until they could be constituted as one or more Territories (Art. 5; cf. 1909, Title I, Art. 9).

The national territory could not be alienated, leased, or ceded in any manner to a foreign power (Art. 7; cont. 1909, Title I, Art. 11:  “The territory of the Nation may not be alienated, leased, or ceded in any manner to a foreign power.”).

POW-LEG—Congress:

The Legislative Power resided in the Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela], composed of a Cámara de Diputados [Chamber of Deputies] and a Cámara del Senado [Chamber of the Senate] (Title V, Art. 34; cont. 1909, Title V, Art. 35:  “The Legislative Power is exercised by an Assembly denominated the Congress of the United States of Venezuela, composed of two Chambers, one of Senators and the other of Deputies.”).

Each State directly elected one Diputado [Deputy] for every thirty-five thousand inhabitants and one additional Deputy for an excess of fifteen thousand, with at least one Deputy for each State and an equal number of Alternates.  The Deputies served three years and were renewed in their entirety (Arts. 35–37; cf. 1909, Title V, Art. 36:  “[…] one for every thirty-five thousand inhabitants, and one additional Deputy for an excess of fifteen thousand […] The Deputies shall serve four years in their functions and shall be renewed in their entirety.”).  Each Asamblea Legislativa [Legislative Assembly] elected two principal Senators and two Alternates for three years, with the Senate renewed in its entirety (Arts. 39–40; cf. 1909, Title V, Art. 40:  “[…] two Principal Senators, and two Alternates […] The Senators shall serve four years in their functions.”).

The Chambers judged the qualifications of their members, adopted their regulations, maintained the order of their sessions, enjoyed immunity, and observed the constitutional incompatibilities (Arts. 42–53; cont. 1909, Title V, Arts. 43–56).  When assembled as Congreso [Congress], they conducted the constitutional elections, examined the presidential message and ministerial accounts, could appoint annually a Comandante en Jefe del Ejército Nacional [Commander in Chief of the National Army], and could elevate Territories to the category of States (Arts. 54–57; cf. 1909, Title V, Art. 57).  When acting separately as co-legislative bodies, they exercised legislative powers respecting taxation, currency, debt, loans, sanitation, census, treaties, contracts and concessions, the budget, militia, war, ports, and coasts (Art. 58; cf. 1909, Title V, Art. 57).

Laws and decrees could be initiated in either Chamber and also by the competent Minister after prior publication of the bill.  They received three readings in each Chamber and, once sanctioned, were remitted to the President for execution and publication (Arts. 59–71; cont. 1909, Title V, Arts. 59–72).

ECO-TES—Treasury:

The Chambers, acting as co-legislative bodies, decreed national taxes and authorized their collection for each fiscal year, determined the national debt and its interest, decreed loans, and sanctioned the Presupuesto General de Rentas y Gastos Públicos [General Budget of Public Revenues and Expenditures] (Title V, Art. 58, nums. 2, 6, 7, and 11; cf. 1909, Title V, Art. 57, nums. 6, 10, 11, and 15).  The President negotiated the decreed loans and administered public lands, mines, saltworks, and the distilled-spirits revenue (Title VI, Art. 79, nums. 9 and 18; cf. 1909, Title VI, Arts. 80, num. 12, and 81, num. 4).  The Ministros del Despacho [Ministers of the Departments] presented annually the draft General Budget, the Cuenta General de Rentas y Gastos [General Account of Revenues and Expenditures], and the accounts of their departments (Art. 89; cf. 1909, Title VI, Art. 103).

No expenditure could be made from the Tesoro Nacional [National Treasury] without an express congressional appropriation or a Crédito Adicional [Additional Credit] approved by the Consejo de Ministros [Council of Ministers] and authorized by Executive Decree.  Officials acting in contravention incurred civil liability; ordinary expenditures had precedence over extraordinary expenditures, and every credit had to be submitted to Congress at its next meeting (Title VIII, Art. 118).  Article 118 of 1914 required the affirmative vote of the Council of Ministers; Article 134 of 1909 required the affirmative vote of the Consejo de Gobierno [Council of Government] (cf. 1909, Title VIII, Art. 134:  “No expenditure shall be made from the National Treasury […] unless an additional credit has been accorded with the affirmative vote of the Council of Government.”).

Neither the Legislative Power, the Executive Power, nor any authority could issue paper currency, declare banknotes or other paper-represented values to be legal tender, or authorize silver or nickel currency without prior legislative authorization (Art. 119; cf. 1909, Title VIII, Art. 135).  Exports remained free from duties (Art. 117; cont. 1909, Title VIII, Art. 133).

POW-EXE—Executive:

The Administración General de la Unión [General Administration of the Union] belonged to the Ejecutivo Federal [Federal Executive], exercised by the Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela] with the Ministros del Despacho [Ministers of the Departments] as his organs (Title VI, Arts. 72–73; cf. 1909, Title VI, Arts. 73–74).  Within the first fifteen days after their installation, the Chambers assembled as Congreso [Congress] elected the President by secret ballot in a public and permanent session (Arts. 74–76; cont. 1909, Title VI, Arts. 75–77).

Temporary absences were supplied by the Minister designated by the President.  Upon an absolute vacancy, the President of the Corte Federal y de Casación [Federal and Cassation Court] assumed the Executive and immediately convened Congress to elect the citizen who would complete the term (Art. 77; cf. 1909, Title VI, Arts. 79 and 86:  “Temporary or absolute absences […] shall be supplied by the Member presiding over the Council of Government.”).  The President was required to be Venezuelan by birth, of secular status, more than thirty years of age, and in possession of his civil and political rights (Art. 78; cont. 1909, Title VI, Art. 78).

The Constitution conferred upon him the execution of the Constitution and laws; appointment and removal of Ministers and officials; administration of the Federal District and the Territories; negotiation of loans, treaties, and contracts; administration of public lands, mines, saltworks, and the distilled-spirits revenue; direction and organization of the armed force; regulation of communications; and the other enumerated powers (Art. 79; cf. 1909, Title VI, Arts. 80–82).  The Constitution of 1914 does not contain the Consejo de Gobierno [Council of Government] regulated by Articles 88–97 of 1909.  The powers that Articles 81–82 of 1909 subjected to the consultative or deliberative vote of that Council appear among the presidential powers in Article 79 of 1914.

During foreign war, internal commotion, or armed rebellion, and after a declaration that public order was disturbed, the President exercised the extraordinary powers of Article 79 until the restoration of peace (Art. 79, num. 23; cf. 1909, Title VI, Art. 82).  The military, extraordinary, pacificatory, and amnesty powers in numbers 22–25 were exercised in conformity with the determination of Congress when it appointed a Comandante en Jefe [Commander in Chief] (Art. 79, sole paragraph; no equivalent provision identified in the Constitution of 1909).

The President presented an annual message to Congress, received the salary established by law, was responsible for treason and ordinary crimes, and ceased in office on 19 April of the final year of the term, when the President of the Court assumed the Executive provisionally (Arts. 80–83; cont. 1909, Title VI, Arts. 83, 85–87).  The charter of 1914 does not contain the prohibition upon immediate presidential reelection or the familial disqualifications established by Article 84 of 1909.

The Ministros del Despacho [Ministers of the Departments] were the President’s sole and necessary legal organs, countersigned his acts, incurred personal responsibility and, with respect to matters resolved in the Consejo de Ministros [Council of Ministers], joint responsibility; presented annual reports and accounts; and were responsible for treason, constitutional or legal violation, expenditures exceeding appropriations, bribery, embezzlement, and ordinary crimes (Arts. 84–91; cf. 1909, Title VI, Arts. 98–105).

POW-JUD—Judicial Power:

The Judicial Power resided in the Corte Federal y de Casación [Federal and Cassation Court] and the other tribunals established by law; judicial officials were responsible for treason, bribery, constitutional or legal violation, and ordinary crimes (Title VII, Arts. 92–93; cont. 1909, Title VII, Arts. 106–107).

The Court was the Supreme Tribunal of the Federation and the States and was composed of seven Vocales [Members] elected by Congress.  The term of the Members was seven years in 1914 and four years in 1909.  The Members were required to be Venezuelan by birth, of secular status, more than thirty years of age, and attorneys (Arts. 94–97; cf. 1909, Title VII, Art. 108:  “The Federal and Cassation Court […] shall be composed of seven Members elected by Congress every four years […]”).  The groupings of States and the Federal District presented the candidates, and those not elected became Alternates (Arts. 95–96; cf. 1909, Title VII, Arts. 109–110).

The Court heard accusations against the President, Ministers, the Procurador General [Procurator General], the Governor of the Federal District, and its own members; proceedings against State officials; diplomatic causes; claims against the Nation; cassation proceedings; prize causes; jurisdictional controversies; the constitutionality and collision of laws; the nullity of acts contrary to the Constitution or State autonomy; contractual controversies; recognition of foreign judgments; proceedings for nullity of titles to mines, public lands, and municipal lands; and controversies arising from a refusal to issue those titles (Art. 98; cf. 1909, Title VII, Art. 112).  It presented an annual report to Congress; its Members could not accept employment dependent upon the Executive while exercising office, and their remuneration was fixed by law (Arts. 99–101; cont. 1909, Title VII, Arts. 113–115).

The Ministerio Público [Public Ministry] was entrusted to the Procurador General [Procurator General], who was required to be Venezuelan by birth, more than thirty years of age, and an attorney.  The Procurator’s term was three years in 1914 and two years in 1909; two Alternates supplied his absences (Arts. 102–104; cf. 1909, Title VII, Arts. 116–118).  His functions comprised promoting the execution of laws, issuing legal opinions, supervising federal employees, instituting accusations, exercising the Ministerio Fiscal [Fiscal Ministry], and representing the Nation judicially (Art. 105; cont. 1909, Title VII, Art. 119).

POW-SUB—Subnational Government:

The twenty States of the Union reciprocally recognized their autonomy, were equal as political entities, and retained the sovereignty not delegated to the Nation, subject to the Bases de la Unión [Bases of the Union] (Title II, Art. 19; cf. 1909, Title II, Art. 12:  “The States forming the Venezuelan Union are autonomous and equal as political entities: they retain in its plenitude the sovereignty not delegated by this Constitution […]”).  Two or more States could unite to form one State and subsequently recover their separate character; while united, they retained their rights of representation in the Senate and of presenting Members for the Court (Arts. 20–21; cont. 1909, Title I, Arts. 6–7).

Every matter not expressly attributed to the General Administration of the Nation belonged to the States, whose constitutional terms were to endure three years from 20 February 1915 (Title VIII, Art. 106; cf. 1909, Title VIII, Art. 120:  “[…] the constitutional terms of their Public Powers shall endure four years, counted from 20 February 1910.”).  The State tribunals were independent, subject only to review by the Court in the cases permitted by law (Art. 108; cont. 1909, Title VIII, Art. 122).

The Federal Government could not maintain in the States resident officials vested with jurisdiction or authority other than the exceptions respecting the Treasury, Public Instruction, posts, telegraphs, telephones, sanitation, administration of mines, public lands, saltworks, and distilled spirits, and military establishments (Art. 113; cf. 1909, Title VIII, Art. 129).  Any citizen could accuse national or State officials before the authorities designated by law (Art. 116; cont. 1909, Title VIII, Art. 132).

CON-AMD—Amendment of the Constitution:

Amendments and additions could be decreed only in ordinary sessions of Congress, upon the request of three-fourths of the Legislative Assemblies meeting in ordinary session and upon the points on which a majority of the States concurred (Title VIII, Art. 130).  Article 130 of 1914 does not contain the requirement to await renewal of the Public Powers; Article 145 of 1909 contained that requirement (cf. 1909, Title VIII, Art. 145:  “[…] amendments or additions shall never be made except upon the points on which a majority of the States concur, nor may they be put into force until after the renewal of the Public Powers of the Nation that requested or sanctioned them.”).

Amendments followed the legislative procedure; the President of Congress submitted them to the State Assemblies for ratification; Congress could initiate them, subject to ratification by three-fourths; and the definitive vote returned to Congress for canvass (Arts. 131–134; cont. 1909, Title VIII, Arts. 146–149).

Recensional note:  in the CIDEP reproduction of Article 130, the words “or of additions; but neither shall be decreed” appear twice consecutively.  They appear once in this summary.

CIV-SUF—Suffrage:

Venezuelans more than twenty-one years of age who satisfied the constitutional conditions were electors and eligible (Title I, Art. 12; cf. 1909, Title III, Art. 15:  “All Venezuelans more than twenty-one years of age are electors and eligible, subject only to the conditions expressed in this Constitution and the laws.”).  Freedom of suffrage appeared among the guarantees, subject only to the Constitution and laws (Title III, Art. 22, num. 11; cont. 1909, Title III, Art. 23, num. 11).

All Venezuelans enjoying the rights of citizenship could elect and be elected to public offices (Title VIII, Art. 123; new).  During voting, members of the Fuerza Pública Nacional [National Public Force] who were on duty remained quartered (Art. 124).  Article 124 of 1914 mentions members of the National Public Force who were on duty and does not mention the State forces; Article 137 of 1909 mentioned the National Public Force and the forces of the States (cf. 1909, Title VIII, Art. 137:  “During electoral periods, the National Public Force and those of the States shall remain quartered for the duration of the popular elections.”).

CIV-CIT—Citizenship:

The Constitution of 1914 employed the categories nationality of origin and acquired nationality; the Constitution of 1909 employed the categories birth and naturalization (Title I, Art. 10; cf. 1909, Title III, Art. 13:  “Venezuelans are such by birth or by naturalization.”).  Venezuelans by birth were those born in the territory and the children of Venezuelan parents.  Nationality was acquired by adult children of a Venezuelan father or mother by naturalization, born abroad, who established domicile and manifested their will; by persons born in Hispanic-American Republics who satisfied the enumerated conditions; by persons who obtained letters of naturalization; and by a foreign woman married to a Venezuelan under the prescribed conditions (Art. 10; cf. 1909, Title III, Art. 13).

The declaration was made before the Registrador Principal [Principal Registrar] and did not produce effect until the Executive ordered and completed its publication in the Gaceta Oficial [Official Gazette] (Art. 11; cf. 1909, Title III, Art. 14:  “[…] shall send a copy of it to the National Executive for publication in the Official Gazette.”).  Venezuelans were required to serve the Nation and enjoyed equal rights and duties in the Union (Arts. 12–14; cf. 1909, Title III, Arts. 15–17).  The four causes of suspension enumerated in Article 18 of 1909 also appear in Article 24 of 1914; the latter also mentions gifts from foreign governments among the acceptances prohibited to officials.  The rights and duties of foreigners were remitted to law, could not exceed those of Venezuelans, and were subject to the constitutional provisions respecting political participation, indemnification, and treaties (Arts. 15–18; cf. 1909, Title III, Arts. 19–22).

RTS-GAR—Rights:

The charter guaranteed the inviolability of life and abolished capital punishment irrespective of its source (Title III, Art. 22, num. 1; cont. 1909, Title III, Art. 23, num. 1).  It protected property, subject to legislative contributions, judicial decision, sanitary measures prescribed by law, and taking for public utility after adversarial proceedings and indemnification (Art. 22, num. 2; cf. 1909, Title III, Art. 23, num. 2:  “[…] it shall be subject only to contributions decreed by the Legislative Authority, to judicial decision, and to taking for works of public utility, after prior indemnification and adversarial proceedings.”).

It also guaranteed postal and telegraphic correspondence and private papers, the home, personal liberty, expression and the press, transit, industry, assembly and association, petition, suffrage, education, religion, individual security, and equality (Art. 22, nums. 3–15; cf. 1909, Title III, Art. 23, nums. 3–15).  Article 22 of 1914 authorized entry into the home for sanitary reasons; permitted bail securing release in the specified causes relating to expression; declared the grant of monopolies abolished; subjected freedom of association to the exceptions of the cited laws; fixed thirty days as the maximum duration of the preliminary investigation; and fixed twenty years as the maximum corporal punishment.  Article 23 of 1909 did not contain the sanitary provisions or the maximum duration of the preliminary investigation; provided that an accused person in a cause relating to expression could not be detained before final judgment; prohibited games of chance, raffles, and lotteries; did not cite laws restricting association; and fixed fifteen years as the maximum corporal punishment.

The enumeration did not deny other rights of citizens (Art. 23; cont. 1909, Title III, Art. 25).  The Constitution of 1914 does not contain a provision equivalent to Article 24 of 1909, which permitted the States to accord other rights to their inhabitants.  A person who violated guaranteed rights by decree, order, or resolution was culpable and was to be punished (Art. 25).  Article 25 of 1914 does not contain the sentence respecting indemnification included in Article 26 of 1909 (cf. 1909, Title III, Art. 26:  “The culpable person shall indemnify the injured party for the prejudice caused.”).  Laws that impaired rights in regulating their exercise were unconstitutional and without effect (Art. 26; cont. 1909, Title III, Art. 27).

REG-MIL—The Armed Force:

The Chambers assembled as Congreso [Congress] could appoint annually, if they considered it appropriate and within the first fifteen days after their installation, a Comandante en Jefe del Ejército Nacional [Commander in Chief of the National Army] and determine his functions (Title V, Art. 57, num. 2).  The Constitution of 1909 does not contain that office; Article 43 of the Estatuto Constitucional Provisorio [Provisional Constitutional Statute] regulated it for the provisional period beginning on 19 April 1914.  As co-legislative bodies, the Chambers legislated respecting the militia, issued Army ordinances and the law for formation and replacement of the naval and land forces, decided upon foreigners in the service of the Republic, and decreed war (Art. 58, nums. 8, 16, 18–20; cf. 1909, Title V, Art. 57, nums. 23 and 26–28).

The President declared a war decreed by Congress, directed military operations, commanded the Army and Navy, organized the Army and Militia, and fixed annually the number of the forces (Title VI, Art. 79, nums. 17 and 22; cf. 1909, Title VI, Arts. 80, nums. 6 and 10, and 81, num. 2).  He exercised the extraordinary powers during war, commotion, or rebellion and could employ the public force to terminate armed collisions between States or rebellions (Art. 79, nums. 23–24; cf. 1909, Title VI, Art. 82).  When Congress appointed the Commander in Chief, powers 22–25 were exercised in conformity with its determination (Art. 79, sole paragraph).  Article 138 prescribed for the transitory period that the Provisional President exercise those powers in agreement with the Commander in Chief.

The Fuerza Pública Nacional [National Public Force] was divided into naval and land forces and was composed of citizen militias; the contingent could be increased in time of war.  Military and civil authority could not coincide except during disturbances of public order; all elements of war belonged to the Nation; members on duty remained quartered during voting; and the armed force was passive, obedient, and non-deliberative, without authority to make requisitions or demand assistance except through the civil authority (Title VIII, Arts. 109–111, 115, and 124–125; cf. 1909, Title VIII, Arts. 124–127, 137, and 140).

REG-REL—Religion:

The Constitution guaranteed religious liberty in conformity with law and under the Federal Executive’s supreme inspection of every form of worship (Title III, Art. 22, num. 13; cf. 1909, Title III, Art. 23, num. 13:  “Religious liberty, without impairment for any reason of the right of Patronage possessed by the Republic, which shall continue to be exercised in the manner prescribed by law, it being likewise understood that the Federal Executive shall exercise supreme inspection over every form of worship established or to be established in the country.”).  The Nation continued to exercise the Patronato Eclesiástico [Ecclesiastical Patronage] in conformity with the Law of 28 July 1824 (Title VIII, Art. 112; cont. 1909, Title VIII, Art. 128).

ECO-INF—Infrastructure:

The States ceded to the Federal Government the territory necessary for fortresses, wharves, warehouses, shipyards, penitentiaries, lines of communication, quarantine stations, national buildings, and other works indispensable to the General Administration (Title II, Art. 19, num. 7).  Article 19 of 1914 mentions lines of communication, quarantine stations, and national buildings; those elements do not appear in the enumeration in Article 12 of 1909 (cf. 1909, Title II, Art. 12, num. 7:  “[…] fortresses, wharves, warehouses, shipyards, penitentiaries, and other works indispensable to the administration.”).

Article 19, num. 9, reserved to the Federal Power legislative and executive jurisdiction over posts, telegraphs, telephones, navigation, wharves, and national roads, and denominated as national roads those traversing a State, a Territory, or the Federal District and passing beyond its boundaries (cf. 1909, Title II, Art. 12, num. 9).  The President regulated public or private posts, telegraphs, and telephones and could create or abolish federal stations (Title VI, Art. 79, num. 10; cf. 1909, Title VI, Art. 80, num. 14).  Congress legislated respecting the security of maritime ports and coasts (Title V, Art. 58, num. 21; no equivalent provision identified in the Constitution of 1909).

CON-FIN—Final Provisions:

The Constitution was to be promulgated and enter into force when the Congreso de Diputados Plenipotenciarios [Congress of Plenipotentiary Deputies], after canvassing the district votes, ascertained ratification by at least two-thirds of the Asambleas de Plenipotenciarios [Assemblies of Plenipotentiaries].  The votes were to be inserted at the foot of the text (Title VIII, Arts. 135–136; cf. 1909, Title VIII, Art. 153:  “The present Constitution shall be promulgated and shall enter into force as soon as the National Congress, having canvassed the votes of the Legislative Assemblies of the States, finds that they have ratified the amendments and additions.”).

The constitutional terms of the Executive and Judicial branches of the Federal Power were to endure seven years from 19 April 1915 (Art. 128; cf. 1909, Title VIII, Art. 150:  “The constitutional terms of the Federal Power shall endure four years and shall be counted from 19 April 1910.”).  The legislative and State terms were three years (Title V, Arts. 35 and 39; Title VIII, Art. 106).  The governing population was that determined by the latest census approved by Congress, and official dates computed Independence from 19 April 1810 and the Federation from 20 February 1859 (Arts. 127 and 129; cont. 1909, Title VIII, Arts. 151–152).

The Disposiciones Transitorias [Transitory Provisions] retained the Provisional President, the Provisional Vice Presidents, the Members of the Court, and the Procurator until their successors took office; retained the Commander in Chief until the constitutional President took office; authorized the Provisional President to issue the measures required to institute the new organization; and required the Provisional President and the Commander to render an account to the succeeding Congress (Arts. 137–140; new).  The Disposición Final [Final Provision] repealed the Estatuto Constitucional Provisorio [Provisional Constitutional Statute] of 19 April 1914 (Art. 141; new).  The charter was given at the Palacio Federal Legislativo [Federal Legislative Palace] on 13 June 1914 and ordered executed on 19 June by Provisional President Victorino Márquez Bustillos and the Ministers of the Departments.

Note:  the original text of the 1914 Constitution and the Estatuto Constitucional Provisorio [Provisional Constitutional Statute] of 19 April 1914 may be consulted in the CIDEP Recopilación de Leyes y Decretos de Venezuela [Compilation of the Laws and Decrees of Venezuela]:  https://cidep.online/files/constituciones/1914.pdf


“Unmasking Disappointment: Series XI”

June 15, 2026

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

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This series constitutes a referential corpus in the Appendix.   Its components are organized for consultation rather than sequential reading, and are presented in comparative rubrics that record institutional continuities, modifications, and reconfigurations across the constitutional texts.  

Corpus definition:   This corpus is limited to constitutions that were formally adopted and entered into force.   Constitutional projects, draft constitutions, proposed reforms that were not ratified, and other constitutional texts that did not acquire legal force are excluded.   The corpus therefore follows the constitutional order as constituted in law rather than the broader history of constitutional proposals.   The corpus functions more like an archive than an argument.   It attempts to establish a stable descriptive record of what each constitution contained and how it differed from its immediate predecessor.   The consequence is that the corpus remains open to multiple lines of inquiry without privileging any one of them.

Rubric codes:    Each rubric carries a permanent identifier in the form FAMILY-MEMBER, capitalized and hyphenated: for example POW-LEG for the legislative power, or REG-SLA for slavery.    The family prefixes group rubrics by kind:   FND (foundations of the State), CIV (civic status and participation), POW (public powers), ECO (fiscal, economic, and public works), RTS (rights and guarantees), REG (special regimes and institutions), and CON (constitutional self-regulation).   These codes denote identity, not sequence:   the order in which rubrics appear within any entry implies no precedence, and each constitution presents only the rubrics that pertain to it, in whatever arrangement best suits its text.

Append-only vocabulary:   A code, once assigned, is never reassigned or reused.    A rubric absent from a given constitution is simply omitted, signifying silence rather than oversight; a rubric that lapses from constitutional life is retired in place and marked with the span of charters to which it applied—thus REG-SLA (1811–1854) is not carried forward after abolition, and its code is never reoccupied.    Matters introduced by later charters enter as new members appended to the appropriate family.   Comparison therefore proceeds by matching codes across the twenty-five constitutions, not by position on the page.

Citation:    References are anchored first on the article number—continuous within each text and therefore collision-proof—followed by the text’s own structural division as a secondary locator, named as that charter employs it (Capítulo and Sección in the 1811 constitution; Título and Sección in 1821). Spanish citations follow the CIDEP recension linked at the close of each entry.

Terms:   “Constitution,” “charter,” and “corpus” refer throughout to the documents under study; “entry” and “installment” refer to the published pieces of this appendix.    The rubric apparatus describes the former.

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 1830 against 1821 and 1857 against 1830.  The apparatus retains the classifications cont., cf., and new.

Ricardo F. Morín

June 7, 2026

Bala Cynwyd, Pennsylvania

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A-1). VENEZUELAN CONSTITUTIONS 1811-1999

19th-Century Constitutions:

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1). The 1811 Constitution

The 1811 Constitution (Constitución Federal para los Estados de Venezuela) was adopted on December 21, 1811, by the Confederación Federal de Estados Venezolanos [the Federal Confederation of Venezuelan States], and was repealed following its collapse on July 21, 1812.   It was promulgated shortly after the declaration of Venezuelan independence [July 5, 1811] and established a federal union of autonomous states under a common national framework.

DOC-PRE—Preamble

(translated by the author in a contemporary register)

“ENACTED by the Representatives of Margarita, Mérida, Cumaná, Barinas, Barcelona, Trujillo, and Caracas, assembled in General Congress

“IN THE NAME OF ALMIGHTY GOD

“We, the People of the States of Venezuela, exercising our sovereignty and seeking to establish among ourselves the best administration of justice, to promote the general welfare, to ensure domestic tranquility, to provide for our common defense, to uphold our liberty and political independence, to preserve pure and inviolate the sacred religion of our forebears, to secure in perpetuity for our posterity the enjoyment of these blessings, and to draw ourselves together in the most steadfast union and sincere friendship, have solemnly resolved to confederate and to form and establish the following Constitution, by which these States shall be governed and administered.”

FND-TER—Territory

The 1811 Constitution defined Venezuela as a confederation of sovereign provinces that retained full authority over their internal government and administration, except where powers were expressly delegated to the national government (Preliminar; Bases del Pacto Federativo).  It affirmed that any territories later admitted—whether by division of existing provinces or by subsequent accession—would enter the Union on the same basis of reserved sovereignty (Preliminar; Arts. 128-32).  Congress was granted exclusive authority over:  foreign relations, common defense, trade regulation, war-making, and national taxation (Preliminar).  The charter also imposed strict limits on provincial action:  without prior congressional consent, no province could conclude special treaties or alliances, impose tonnage or custom-duties, raise or maintain armed forces in peacetime, or initiate war (Arts. 119-23).  Provincial laws had to be submitted to Congress to avoid conflicts with federal statutes, and Congress held exclusive competence to admit or separate provinces and to dispose of national territory and property (Art. 124; Arts. 128-32).  Finally, the Union guaranteed to each province a republican form of government, protection of its sovereignty, and—upon formal request—the suppression of internal violence.   And in this way, a framework was established for mutual guarantees and collective securities among the provinces (Arts. 133-4; Preliminar).

POW-LEG—Congress (Legislative)

The 1811 Constitution vested legislative authority in the General Congress of Venezuela, composed of a House of Representatives and a Senate (Art. 1, Cap. II).  Laws could originate in either chamber (Art. 21), though legislation concerning taxation could only be initiated in the House of Representatives (Art. 22).  Enactment of any law required three readings in each chamber on different days (Art. 23).  Once passed, laws were submitted to the Executive for promulgation, with procedures established for cases involving objections (Arts. 24–5).  Each chamber regulated its internal proceedings, enforced discipline, and exercised exclusive authority over its members (Arts. 18, 26–28).   

Representatives were elected every four years by a multi-tiered electoral system involving parish and chapter assemblies (Arts. 3, 6–8); senators served six-year terms and were elected by the provincial legislatures (Arts. 11–13).  The Senate judged impeachments brought by the House of Representatives (Arts. 16, 29), and both chambers held shared prerogatives concerning internal order and legislative conduct (Arts. 16, 18).   Congress convened annually in a designated capital city, with limited provisions for extending or relocating sessions (Art. 20).   Congress held legislative authority over military affairs, taxation, commerce, currency, the postal system, foreign policy, infrastructure, naturalization, bankruptcy, and the establishment of lower courts (Art. 30).  The legislative branch embodied the principle of separation of powers and functioned as part of the confederal structure based on the pact among sovereign provinces (Preliminar; Bases del Pacto Federativo).

ECO-TES—Treasury:

Article 108 of Chapter III, Section V designated provincial executive authorities to act on behalf of the Poder Ejecutivo Federal [Federal Executive] in matters not expressly delegated by the Congreso General [General Congress] to other officials in the Armada [Navy], Ejército [Army], or Tesorería Nacional [National Treasury] (Art. 108, Cap. III, Secc. V).   The Constitution contained no additional provisions concerning the structure, functions, or oversight of the Tesorería Nacional, nor did it establish a separate fiscal department.  The Tesorería Nacional was mentioned only nominally (Art. 71, Cap. II, Secc. VII).

POW-EXE—Executive:

  • Note on terminology:   in cases where the structure of executive power differs, each constitution described in this appendix uses ‘executive’ or ‘president’ according to its constitutional context.    ‘Executive’ refers to the branch of government that includes the president and the ministerial countersignatures required for the validity of executive acts.    ‘President of the republic’, or simply ‘the president’, designates the individual in whom executive power is vested.

Under the 1811 Constitution, the Ejecutivo Federal [Federal Executive] resided permanently in the capital city and was entrusted to a Three-Member Executive Council [the Poder Ejecutivo] chosen every four years (Arts. 72, 75).   Candidates had to be born on the American continent (or be Spaniards, who had been there from 1810), had to have lived in the Union during the previous decade, and had to be freeholders of property (Arts. 73, 74).   The electors met on 16 November of the electoral year, wrote three names on their ballots (at least one from another province), and forwarded the tallies to the President of the Senate (Arts. 76–79); if no slate obtained an absolute majority of electors, the Cámara de Representantes voted on the nine highest candidates, and, if no majority was reached, it fell to the Senado to elect the candidate (Arts. 81–82).   Executive acts required the countersignature of the State’s ministers—Interior and Justice, Finance, War and Navy, and Foreign Affairs—, who were appointed by the Executive and bore responsibility for official measures (Arts. 105, 107–108).   The Three-Member Executive Council—with Senate consent—oversaw the appointment of military, civil, and judicial officers; negotiated treaties; granted pardons for political offenses; convoked Congress in ordinary and extraordinary sessions; ensured the execution of laws; and presented an annual account of revenues, expenditures, and general administration (Arts. 86, 88, 92–94, 100–104).  The Three-Member Executive Council could be suspended under strict conditions.   If the Executive or any of its members was accused and convicted by the Senate of treason, corruption, or usurpation, they were to be removed from office and subjected to the penalties established in Article 58 (Arts. 89, 91, 109).

POW-JUD—Judiciary:

The 1811 Constitution vested the judicial power of the Confederation in a Supreme Court of Justice located in the capital of the Confederation, along with subordinate and lower courts created by Congress (Cap. IV, Secc. 1, Art. 110).   The Executive appointed all justices (Art. 111).   Congress set their number and required that appointees be licensed lawyers, citizens of good standing, and at least thirty years of age for the Supreme Court and twenty-five for the other courts (Art. 112).   Justices received fixed salaries that could not be reduced during their tenure (Arts. 113–114).   The Judicial Branch exercised jurisdiction over cases concerning the Constitution, treaties, diplomatic agents, maritime matters, and intergovernmental conflicts, including disputes between provinces, or between Venezuelan and foreign parties (Secc. 2, Art. 115).   The Supreme Court exercised appellate jurisdiction in most matters and original jurisdiction in cases involving ambassadors or provinces (Art. 116).    It required jury trials in ordinary criminal cases, to be held in the province of the offense or, if committed abroad, in a location designated by law (Art. 117).   The Court also examined and approved lawyers nationwide, including those credentialed abroad (Art. 118).

  • CON-AMD—Amending the Constitution:

The 1811 Constitution permitted amendments when two-thirds of both Cámaras del Congreso [Chambers of Congress] or of the Legislaturas Provinciales [Provincial Legislatures] separately proposed and reciprocally approved a reform or alteration, which would then be incorporated into the Constitution (Cap. VI, Art. 135).  The constitutional provisions remained in effect until such reciprocal approval was finalized (Art. 136).   Each province was to express its decision—whether to accept, reject, or propose modifications to the Constitution—through specially convened asambleas [assemblies], by electores de capítulo [chapter electors] appointed for that purpose, or by votantes parroquiales [parish voters] forming primary assemblies for the election of representatives (Cap. VII, Art. 137).   Once the text had been read before the provincial body and modifications adopted by majority vote, its observance was to be solemnly sworn, followed within three days by elections of national representatives conducted by the designated electors (Art. 138).  The municipalities reported the results to the respectivos gobiernos provinciales [respective provincial governments], which then transmitted them to Congress upon its assembly (Art. 139).   Provinces rejoining the Confederation were to observe the same procedures; if prevented from doing so at the time by urgent or insurmountable causes, they could fulfill the requirement later through formal petitions addressed to Congress or the Poder Ejecutivo [Executive] (Art. 140).

CIV-SUF—Suffrage:

The 1811 Constitution granted suffrage to varones libres [free-born males], who were at least 21 years old, or if younger, married, and who resided in the parroquia [parish] where they cast their vote (Cap. II, Secc. 2, Art. 26).   In provincial capitals, voters were required to hold property or assets valued at 600 pesos for an unmarried man, or 400 pesos for a married man; in smaller towns, the thresholds were 400 pesos for singles and 200 pesos for married men (Art. 26).  Alternatively, voters qualified if they held a degree in the liberal or mechanical arts or owned or leased productive land of equivalent value to those assigned for the respective cases of single or married (Art. 26).  

The Constitution disenfranchised those declared insane, deaf and dumb, publicly bankrupt, indebted to the treasury, vagrants, persons under serious criminal indictment, and married persons living apart without legal cause (Art. 27).   Parish assemblies appointed one parish elector for every 1,000 inhabitants every two years, and these assemblies were presided over by municipal authorities (Arts. 20–24, 40).   Parish electors were required to reside within the electoral district and to meet higher property qualifications, including ownership or assets valued at 6,000 pesos if unmarried or 4,000 pesos if married in Caracas, with proportionally lower requirements in other cities (Art. 28).  Public officials, who earned at least 300 pesos annually, were permitted to vote in parish assemblies, and those earning at least 1,000 pesos could vote in electoral congregations, but they were barred from legislative office, unless they resigned their posts and incomes (Art. 29).   

Municipal authorities maintained official lists of eligible voters and electors and convened election assemblies on scheduled dates.   If municipal authorities failed in convening these assemblies, the citizens gathered on the appointed day to hold elections; however, municipal authorities were prohibited from conducting any other business during these meetings (Arts. 30–38).   Public voting stood as a governing principle, while electors presided over parish assemblies and resolved any disputes concerning voter qualifications or electoral procedures, which were subject to final appeal before the provincial legislature (Arts. 41–42).

CIV-CIT—Citizenship:

The 1811 Constitution contained no discrete naturalization clause and no grant of citizenship to foreigners by term of residence.  Political membership was framed around free-born men (hombres libres) and exercised through the residence, property, and occupational qualifications of the electoral provisions (Art. 26 ff.).   

Foreigners “of any nation” were to be received in the State and to enjoy the same security of person and property as citizens, provided they respected the Catholic religion and recognized the independence and sovereignty of the constituted authorities (Art. 169)—a guarantee of civil protection, not of citizenship.   

Durational requirements appeared only as conditions of office and presupposed existing citizenship rather than conferring it:   five years’ standing as a citizen to sit in the House of Representatives (Art. 15), and ten years’ domicile for the Senate (Art. 49) and the Executive (Art. 73), the latter also requiring birth in Spanish America, with an exception for peninsular Spaniards resident in Venezuela who had sworn and supported independence (Art. 74).   A formal mechanism of naturalization (carta de naturaleza) would first appear in 1821.

RTS-GAR—Rights:

The 1811 Constitution declared that all legitimate political authority originated with the people, in whom sovereignty resided by its very nature and in its first instance (Prelim., Bases del Pacto Federativo).    It set forth a broad catalogue of individual guarantees:   every citizen had the right to liberty, equality, property, and security; deprivation of liberty or punishment had to occur strictly according to law; no one could be declared guilty except by lawful judgment; and no one could be compelled to testify against himself or his close relatives (Arts. 1, 2, 7, 8, 11).   

The Constitution protected an individual’s home from arbitrary intrusion.   Also protected was private correspondence, and private papers; it prohibited ex post facto laws, excessive bail, disproportionate penalties, confiscation, torture, and inherited civic or legal privileges—particularly aristocratic distinctions or feudal entitlements (Arts. 3, 9, 10, 13).    It also mandated that ordinary criminal trials not initiated by congressional accusation would be conducted by jury, once trial by jury had been established by law, and held in the province where the offense was committed (Art. 117).   

Citizens had the right to publish opinions, to bear arms, to move freely among the provinces, to petition the government, and to pursue any lawful occupation.   Foreigners could reside in the country and enjoy civil rights under the same conditions as citizens, provided they respected the Catholic religion and Venezuelan independence (Arts. 4, 5, 6, 12).    Property could be expropriated only by a law that declared a public necessity and provided just compensation to the owner; no tax or public contribution could be imposed without the consent of the people through their representatives (Arts. 14, 15).   Along with these guarantees, the Constitution imposed obedience to the law, service to the public and national defense, and loyalty to the Republic (Arts. 16, 17).   Any law contravening the rights set forth in the Constitution was declared “absolutely null and void” (Art. 18).

REG-MIL—The Military:

The 1811 Constitution treated national defense as a civic duty (Art. 178).    Congress could raise regular forces only when necessary and could raise militias to suppress insurrections, or repel invasions (Art. 71).    Supreme command of land and naval forces was vested in the Three-Member Executive Council (Art. 86); provincial governors acted solely as administrative agents (Art. 108).    The 1811 Constitution defined a well-regulated and trained militia composed of citizens as the most secure safeguard of a free state.   During peacetime, only a limited permanent force could be maintained with prior authorization from Congress (Art. 178).    It affirmed the subordination of military authority to civil power by declaring that citizens not engaged in active service were not subject to military jurisdiction (Art. 176).   It further required civil authorization for quartering troops in private homes (Art. 177), and affirmed the right of citizens to possess lawful arms (Art. 179).   The Constitution did not provide for provincial armies and imposed no standing military obligations beyond lawful service when summoned (Art. 178).

REG-REL—Religion:

The 1811 Constitution declared the Roman Catholic Church as the sole religion of the Confederation and did not recognize any other faith (Cap. I, Art. 1).   This provision retained the exclusive public status of Catholicism already established under colonial law (Recop. Leyes de Indias, Lib. I, Tit. I, Ley 1).

REG-SLA—Slavery:

The 1811 Constitution did not abolish slavery but incorporated the prohibition of the slave trade previously decreed by the Junta Suprema de Caracas [Supreme Junta of Caracas] on 14 August 1810 (Capítulo IX, Art. 202; Gaceta de Caracas, No. 20, 21 Aug. 1810).   Prior to the promulgation of the 1821 Constitution [October 6], the Congreso de Cúcuta [Congress of Cúcuta] enacted the Ley de Libertad de los Vientres [Law of the Freedom of the Womb] on 21 July 1821, which established that children born to enslaved mothers from that date onward were to be considered free (Ley del 21 de julio de 1821 sobre la libertad de los nacidos de madres esclavas, Colección de Leyes y Decretos del Congreso de Colombia, 1821, Tomo I, pp. 31–34).    These children were required to remain in the service of the enslaver until the age of eighteen and were subject to reimbursement for maintenance costs, as determined by local juntas de manumisión [manumission boards]. These boards were authorized to register eligible births, manage emancipation funds, and supervise the process of coartación (gradual self-purchase).

CON-FIN—Final Provisions:

The 1811 Constitution directed provincial governments to establish schools and integrate indigenous peoples into civic life; it prohibited their compulsory services and recognized communal land ownership (Art. 180).   Federal officials’ salaries were to be paid from a common treasury, with no disbursements without legal authorization; direct taxes had to be proportional to population, and provinces were prohibited from granting preferential commercial advantages to their own ports (Arts. 188–189).   The Constitution designated January 1, 1811, as the commencement of the Era Colombiana [the Colombian Era], a new civic calendar marking the beginning of the independent republican order (Art. 223).

DOC-CLO—Closing Statement

(translated by the author in a contemporary register)

“Article 228.    Until a civil and criminal code is drafted—decreed by the Supreme Congress on the eighth of March last and suited to the form of Government established in Venezuela—the Code that has governed us until now remains in full force in all matters that do not directly or indirectly conflict with the provisions of this Constitution.”

“The Supreme Legislator of the Universe has seen fit to inspire in our hearts the sincerest friendship and union, both among ourselves and with the other inhabitants of the Colombian Continent who wish to join us in defending our Religion, our natural Sovereignty, and our Independence.   We, therefore, the people of Venezuela—having freely ordained the foregoing Constitution, which sets out the rules, principles, and objects of our Confederation and perpetual alliance, and invoking God Himself as witness to the sincerity of our intentions while humbly imploring His powerful assistance—do solemnly bind ourselves to observe and fulfill inviolably each and every provision it contains, so that we may forever enjoy the blessings of liberty and the imprescriptible rights that His generous beneficence has granted us, from the moment this Constitution is ratified in the manner it prescribes.”

“We further declare our intention to amend and revise these resolutions at any time, in keeping with the will of the majority of the peoples of Colombia who may choose to form a national Body for the defence and preservation of their liberty and political independence.   Any such amendments and adjustments shall be made in due course, by plurality and mutual agreement among ourselves, on all matters directly affecting the general interests of those peoples, as agreed through their lawful Representatives assembled in a General Congress of Colombia, or of any considerable part thereof, and ratified by the constituents.”

“In the meantime, each and every province that has taken part in forming this Union mutually guarantees to the others the integrity of their respective territories and essential rights, pledging their lives, their fortunes, and their honor to that end.    We entrust the inviolability and preservation of this Constitution to the fidelity of the Legislative Bodies, the Executive Powers, the Judges, and all officers of the Union and of the Provinces, and to the vigilance and virtue of the fathers of families, mothers, wives, and citizens of this State.”

“Issued at the Federal Palace of Caracas, on the twenty-first of December, in the year of Our Lord eighteen hundred and eleven, the first year of our Independence.”

*

Note:


* *

2). The 1821 Constitution

The Constitution of 1821 (the Constitution of the Republic of Colombia, commonly known as the Constitution of Cúcuta) was adopted by the General Congress of Colombia at Cúcuta on 30 August 1821, ratified that same day, and promulgated by President Simón Bolívar on 6 October 1821.    Two texts of 1819 preceded it, which this corpus does not record, as neither satisfied the requirement of entry into force:   the Constitution of Angostura [15 August 1819], enacted by the Congress of Angostura for the Republic of Venezuela, and the Fundamental Law of the Republic of Colombia [17 December 1819], which provisionally established the union of Venezuela and New Granada (present-day Colombia and Panama) and which the Constitution of Cúcuta superseded.    The new constitutional framework instituted a unified government for these two regions, with the incorporation of the territory of Quito (present-day Ecuador) envisaged though not effected until 1822.

DOC-PRE—Preamble

(translated by the author in a contemporary register)

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

“We, the Representatives of the Peoples of Colombia, assembled in General Congress, in fulfillment of the wishes of our constituents—to establish the fundamental rules of their union and to create a form of government that secures for them the blessings of liberty, security, property, and equality, insofar as this is possible for a nation just beginning its political life and still fighting for its independence—do ordain and establish the following

“CONSTITUTION”

FND-TER—Territory:

The 1821 Constitution declared that Colombia’s territory comprised the lands of the former Virreinato de la Nueva Granada (Viceroyalty of New Granada) and the Capitanía General de Venezuela (Captaincy General of Venezuela) (Art. 6) and any town liberated thereafter would enter the Republic with equal rights and representation (Art. 7).   It ordered a hierarchical division into Departments, Provinces, Cantons, and Parishes (Art. 8) and instructed Congress to create six or more Departments (Art. 150).    Each Department was led by an Intendente, the President’s “natural and immediate agent,” who was appointed for a three-year term with powers set by law (Arts. 150-2).    Every Province was placed under a Governor, subordinate to the Intendente, and held office also for three years; if the Intendente resided in a Province, he served concurrently as its Governor (Arts. 153-4).    The existing colonial-era cabildos, transitioning into municipal councils of the cantons, continued to govern local affairs, while Congress determined their number, boundaries, and functions (Art. 155).   Following the 1821 constitutional mandate, Congress’s Ley de División Territorial of October 8, 1821, divided the nation into the Departments of Venezuela (capital:   Caracas), Cundinamarca (capital:   Bogotá), and Quito (capital:   Quito).

POW-LEG—Congress (Legislative)

The 1821 Constitution enumerated twenty-six legislative powers—from annual budgets and public credit to war, peace, education, and extraordinary wartime authority (Art. 55 §§ 1–26; new).    It fixed the opening of regular sessions on 2 January for ninety days, extendable by thirty, barred adjournment or relocation without bicameral consent, and empowered the Executive to resolve venue deadlocks (Arts. 68–70; new).   Each chamber established internal rules for conducting sessions, debates, and deliberations; kept daily journals with roll-call votes upon request; and retained the power to enforce order or impose penalties for disrespect, obstruction, or threats to its proceedings or members (Arts. 56–63; new).   

Members, elected by the nation, enjoyed indemnity and personal immunity but could not hold executive, judicial, or administrative office deemed incompatible with legislative service (Arts. 64–67; new).    Legislative bills had to be read on three different days in their chamber of origin—first for introduction, second for discussion, and third for approval—unless urgency was formally declared (Arts. 41–43).    Revenue bills could only originate in the Chamber of Representatives (Art. 42).   

Once approved by both chambers, bills were submitted to the Executive, who had ten days to return objections, or two days in urgent cases; if no response was given within the deadline, or if both chambers reaffirmed the bill by a two-thirds vote, it became law without requiring Executive signature (Arts. 46–50; new).   Legislative acts were issued in duplicate, dated, accompanied by an explanation of their grounds, and archived in the chamber of origin (Arts. 51–54; new).    In election years, Congress tallied the national ballots for President, Vice-President, and departmental Senators (Art. 71; new).    The House impeached high officials (Art. 89), and the Senate tried them, with conviction requiring agreement by two-thirds of the senators present (Art. 101).    Procedural features retained from the 1811 charter included the bicameral structure, the origination of tax bills in the lower chamber, the three-reading rule, and specified voting thresholds, including two-thirds majorities for expulsion or censure (cont. 1811 Cap. II §§ 1, 4–10, 59–62).

ECO-TES—Treasury

The 1821 Constitution, consistent with the 1811 charter, did not establish a specific treasury department (continu. 1811 Art. 108).   Congress was vested with exclusive authority over the annual budget, management of national property, imposition of taxes and customs duties, and contracting of public debt (Tít. VII, Art. 55 §§ 1–4; new).   The President was required to submit annual reports to Congress detailing revenue, expenditures, and fiscal resources (Tít. IX, Art. 129).   Fiscal administration was assigned to the Secretario de Hacienda [Secretary of the Treasury], one of five ministerial offices established under the Executive (Tít. IX, Art. 136), with the President authorized to distribute functions among the secretaries in accordance with congressional law (Tít. IX, Art. 137).   The Constitution did not define mechanisms for oversight, financial jurisdiction, or audit within the treasury system.

POW-EXE—Executive

The 1821 Constitution vested executive authority in a single Presidente de la República [President of the Republic], elected for a four-year term with the possibility of one immediate re-election, assisted by a Vicepresidente [Vice President], and provisionally replaced in cases of dual vacancy by the Presidente del Senado [President of the Senate] (Arts. 105–112; continu. 1811 Arts. 62–63; cf. 1811: plural executive body).   This arrangement replaced the three-member Consejo Ejecutivo [Three-Member Executive Council] established in 1811.   

The Constitution established a Consejo de Gobierno [Council of Government] composed of the Vicepresidente, one member of the Alta Corte de Justicia [High Court of Justice], and the five Secretarios de Estado [State Ministers]; the President was required to consult this Council on matters such as declarations of war, treaties, senior appointments, emergency measures, and other issues of gravity, though he was not bound to follow its opinion.   

The Council’s deliberations were to be recorded and submitted annually to the Senate (Arts. 133–135; new; cf. 1811: no equivalent consultative body).   The President directed the general administration of the Republic and exercised extraordinary powers during foreign invasion or civil unrest, either with prior authorization from Congress or, if Congress was in recess, on his own initiative, provided he convened Congress immediately and limited his actions to what was strictly necessary (Art. 128; new; cf. 1811:    no express emergency powers clause).   

The Constitution established five Secretarías de Estado—Interior, Relaciones Exteriores, Hacienda, Guerra, and Marina—whose holders served as mandatory countersignatories of presidential acts; no executive act could acquire legal force without the signature of the competent Minister (Arts. 136–138; new; cf. 1811 Arts. 91–92: no explicit requirement of countersignature).   Congress held the authority to modify the number of ministries, while the Executive assigned their functions by regulation (Art. 137; new).   

The President further commanded the armed forces, enforced laws, supervised elections, promulgated legislation, nominated diplomatic and military officials with Senate approval, and submitted annual reports to Congress on political, military, and fiscal matters (Arts. 113–117, 119–123, 129; new; cf. 1811 Arts. 64, 84, 86: powers previously distributed across other bodies).   Several of these provisions extended or reaffirmed earlier principles established in 1811, including the supremacy of civil power, administrative leadership, joint responsibility through ministerial countersignature, protection from arbitrary detention, and the lawful delegation of executive functions (Arts. 113–114, 124–127, 136–138; continu. 1811 Arts. 19–20, 64, 84, 86, 91–92).

POW-JUD—Judicial

The 1821 Constitution preserved the Alta Corte de Justicia [High Court of Justice] and fixed a minimum of five members and reaffirmed eligibility criteria of thirty years of age, active legal practice, and qualification as an elector (Arts. 140–141; continu. 1811 Arts. 110–114).   For each vacancy, the President submitted a list of three candidates; from this, the Cámara de Representantes [Chamber of Representatives] selected a shortlist, and the Senado [Senate] made the final appointment.   

During congressional recess, the Executive could provisionally fill vacancies (continu. 1811 Art. 142).   The Court retained jurisdiction over foreign relations—including embassies, consulates, diplomatic agents, and the Secretaría de Relaciones Exteriores [Minister of Foreign Affairs]—as well as treaty interpretation and conflicts among higher tribunals, with further jurisdictional details to be defined by law (continu. 1811 Arts. 143–144).   Justices held offices during good conduct and received fixed, non-reducible salaries (continu. 1811 Arts. 145–146).   

The Constitution also authorized Congress to establish tribunales superiores [superior courts] throughout the Republic and to assign their jurisdictions to facilitate timely administration of justice (Art. 147; new).   Judges of these courts were to be appointed by the Executive from ternas [lists of three candidates] submitted by the High Court and received the same tenure protections as the high justices (Art. 148; new).   Tribunales inferiores [lower tribunals] remained governed by transitional legislation until Congress completed judicial reorganization (continu. 1811 Art. 149).    The Constitution also included a provision for Congress to gradually introduce trial by jury in forms and cases it deemed appropriate (Art. 175; new).

CON-AMD—Amending the Constitution

The 1821 Constitution introduced staggered renewal of the Senado [Senate] to prevent constitutional amendments by a Congress that had not undergone partial replacement (Tít. II, Secc. 7, Art. 94; new).   Senators were divided into two classes within each departamento [department], with the first class serving four years and the second serving the full eight-year term (Art. 94; new).    A lottery held during the Senate’s first session determined which senators would be subject to early replacement (Art. 94; new).   Amendments required a two-thirds vote in both the Cámara de Representantes [Chamber of Representatives] and the Senado (Tít. IV, Secc. 1, Art. 190; new).   However, no amendment could be proposed until at least half the members of both chambers were renewed through regular elections (Art. 190; new).   

The Constitution excluded from amendment the fundamental provisions defining national unity and the form of government, as established in Tít. I, Art. 1 and Tít. II, Art. 2 (Art. 190; new).   A full constitutional revision could only take place through a general convention, which could not be convened until ten years had passed or until the national territory had been completely liberated (Tít. VIII, Art. 191; new).   Existing laws remained in force insofar as they did not conflict with the Constitution or with laws enacted under its authority (Tít. VII, Art. 188; continu. 1811 Art. 108).

CIV-SUF—Suffrage

The 1821 Constitution retained the system of indirect suffrage by parroquia [parish] and electoral assemblies established in 1811 (1821 Tít. III; cont. 1811 Cap. II), but introduced a more elaborate and hierarchical electoral structure:   asambleas parroquiales [parish assemblies] convened every four years in every parish regardless of population (Art. 12; new), presided over by local judges and four reputable witnesses (Art. 13; new), and were responsible for appointing electores parroquiales [parish electors] in open sessions (Arts. 18, 24–25; new).   

Voting eligibility required Colombian nationality, either marriage or age over twenty-one, and property or occupational qualifications:    ownership of real estate worth at least 100 pesos or independent engagement in a trade, profession, or commerce (Art. 15; new).   Although the 1821 text included literacy as a condition, its enforcement lapsed unfulfilled when Gran Colombia dissolved, and a literacy qualification entered Venezuelan electoral law separately in 1840 (Ley de Reforma Electoral, Gaceta de Venezuela, 16 de mayo de 1840; sesiones del Congreso Nacional, 1840).   

Disqualifications in the 1821 charter included criminal conviction or pending criminal charges, declared insolvency by competent authority, vagrancy, or engaging in corrupt practices such as buying or selling votes (Arts. 16–17; new).   Each parish vote was recorded and sealed for transmission to cantonal councils, which compiled the tallies and declared electors by the highest number of votes or, in the case of a tie, by drawing lots (Arts. 26–28; new), then they forwarded results to the provincial capital (Art. 29; new).   

Electors were distributed among cantons based on population—one per 4,000 inhabitants plus one extra for every additional 3,000 inhabitants, with a minimum of one per canton (Art. 20; new)—and had to meet stricter criteria than parish voters:    they had to be literate, at least twenty-five years old, and either own property worth 500 pesos, earn 300 pesos annually, the profit of equivalent value, or hold a scientific degree or profession (Art. 21; new).    These electors formed the asambleas electorales provinciales [provincial electoral assemblies], which met every four years (Art. 31; new) to elect representatives, departmental senators, and the President and Vice-President (Arts. 30, 34; new).   Votes for each office were recorded in separate registers (Art. 35; new).

The results of presidential, vice-presidential, and senatorial elections were sent from parish assemblies to departmental capitals, and from there transmitted to the Senado [Senate] for final verification and proclamation (Arts. 36–38; new).    Results of elections for representatives were certified by local authorities and submitted directly to the Cámara de Representantes [Chamber of Representatives] for review (Art. 39; new).   

Citizens thus continued to vote in parish assemblies to choose parish electors, who then participated in provincial assemblies to elect members of the lower house; senators were selected by departmental assemblies from lists submitted by the provincial legislatures, and the President and Vice-President were elected by a majority of the departmental assemblies from a list of candidates proposed by Congress (Arts. 30–34; new).

CIV-CIT—Citizenship

The 1821 Constitution retained the provisions of the 1811 charter on citizenship (continu. 1811 Art. 7).   It recognized as citizens all free-born men within Colombian territory or abroad to Colombian parents (Art. 4.1; continu. 1811 Art. 7).    It also granted citizenship to foreign-born residents at the time of independence and remained loyal to the Republic (Art. 4.2; new).   It allowed naturalization by carta de naturaleza (Art. 4.3; new).    In addition, the Constitution codified civic obligations and required its obedience by citizens who had to respect authorities, to pay taxes, and—when necessary—to offer their property or lives in defense of the Republic (Art. 5; new).

RTS-GAR—Rights

The 1821 Constitution reaffirmed rights first recognized in 1811.    It upheld freedom of expression, permitted citizens to write, print, and publish their thoughts without prior censorship (Art. 156; continu. 1811 Art. 4).   It also preserved the right to petition public authorities and to seek legal remedies against violations of property, honor, or reputation (Art. 157; continu. 1811 Art. 5).   

The Constitution guaranteed the presumption of innocence and due process (Arts. 158–159; new).    In cases of in flagrante delicto, any citizen could perform the arrest, which had to be brought immediately before a judge (Art. 160; new).   Warrants had to specify the grounds for arrest, be issued by a competent authority, and be delivered in writing to the detainee (Arts. 161–162; new).   

Detainees had the right to communicate freely, unless a judge imposed a restriction of three days at a maximum; both arresting officers and jailers faced penalties for violating these safeguards (Arts. 163–164; new).    If the grounds for detention ceased, the authorities had to release the detainee or admit him to bail, and the court was required to disclose the testimony of witnesses within three days (Art. 165; new).   Criminal trials had to be conducted by established courts; the Constitution barred ex post facto laws and prohibited self-incrimination and testifying against a spouse or close relatives (Arts. 166–168; new).   It protected the inviolability of the home except by judicial order (Art. 169; new), and guaranteed the privacy of correspondence and personal papers unless otherwise provided by law (Art. 170; new).   Judicial decisions had to be reasoned and could be appealed up to three times; judges were forbidden to rule in cases involving their self-interest (Arts. 171–172; new).   

The Constitution stated that the infamy of a criminal offense could not extend to the offender’s family (Art. 173; new) and prohibited the military trial of civilians, including the militia, during peacetime (Art. 174; new).    Troops could not be quartered in private homes without consent during peacetime (Art. 176; new).   It affirmed the right to property, labor, commerce, and industry, and permitted expropriation only when justified by public necessity and then compensated accordingly (Arts. 177–179; new).    It also abolished hereditary privileges and noble titles (Arts. 179, 181–182; new).    Acceptance of foreign honors required prior congressional authorization (Art. 182; new).   Foreign residents received equal protection under the law (Art. 183; new), and the Constitution allowed foreigners, who distinguished themselves in the war of independence, to hold office, even if they did not meet the ordinary citizenship criteria (Art. 184; new).

REG-MIL—The Military

The 1821 Constitution preserved the military framework set in 1811, including congressional control over national defense, reliance on a trained militia over a standing army, civil supremacy over military authority, and presidential command subject to legislative oversight (continu. 1811 Arts. 71, 86, 108, 176–179).   It introduced a new provision authorizing the President to assume extraordinary powers during foreign invasion or domestic insurrection, either with prior congressional approval or—if Congress was in recess—on his own initiative, provided he convened the legislature immediately and limited such powers to circumstances of urgent necessity (Art. 128; new).

REG-REL—Religion

The 1821 Constitution maintained Roman Catholicism as the sole public faith and upheld the obligation of public authorities to protect it (Art. 2; continu. 1811 Art. 1).    It additionally required the respect of the citizens and resident foreigners to it (Art. 2; new).

REG-SLA—Slavery

The 1821 Constitution did not abolish slavery but retained the prohibition of the slave trade previously codified in 1811 (Tít. IX, Art. 124; continu. 1811 Cap. IX, Art. 202).   It empowered Congress to enact laws concerning the condition of enslaved persons and manumission under its general authority to legislate on all matters “conducive to the wellbeing of the general public” [todo lo que conduzca a la felicidad general] (Tít. VII, Art. 55 §26; new), without any further provision.

ECO-INF—Infrastructure

The 1821 Constitution codified the State’s responsibility to promote public education, support the advancement of science and the arts, and regulate commerce and agriculture (Tít. IX, Arts. 160–161; new).   It also required Congress and the Executive to enact laws aimed at improving national industry and general prosperity (Art. 161; new).   To support these objectives, the Executive had to submit to Congress an annual report of national income and expenditures, which served as a fiscal mechanism to finance public functions (Tít. VII, Art. 129; new).   The Constitution further mandated the publication of the national budget to ensure transparency in the administration of public funds.   These provisions replaced the more general statements on education and commerce found in the 1811 charter (1821: Tít. IX, Arts. 160–161; Tít. VII, Art. 129; new. 1811: Arts. 108, 133, 135).

CON-FIN—Final Provisions

The 1821 Constitution was formally adopted by the General Congress of Colombia and signed by its president, vice president, and all present deputies at the Villa del Rosario de Cúcuta on 30 August 1821 (Acta de Sanción, Villa del Rosario, 30 de agosto de 1821).   And it was promulgated and executed by the Executive on October 6, 1821, bearing the signature of President Simón Bolívar and the countersignatures of the Minister of Navy and War [Secretario de Marina y Guerra], Pedro Briceño Méndez, the Minister of Finance and Foreign Affairs [Secretario de Hacienda y Relaciones Exteriores], Pedro Gual, and the Minister of Interior and Justice [Secretario de Interior y Justicia], Diego B. Urbaneja.

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