Observations On Perception

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Scope and Use

This entry forms part of the constitutional corpus presented in the Appendix, which comprises the twenty-five constitutions of Venezuela and is arranged for consultation rather than continuous reading.  Comparison proceeds through permanent rubric codes whose identity remains constant throughout the corpus; an absent rubric denotes constitutional silence, while a retired rubric is never reassigned.  Citations begin with the article number and follow the CIDEP recension linked at the end of the entry.  The complete definition of the corpus, its method, and its citation convention appear in the Scope and Use note that introduces the nineteenth-century constitutions, beginning with “Unmasking Disillusion: Series XI”: https://observationsonthenatureofperception.com/2026/06/15/unmasking-disillusion-series-xi/

Recensional note:  The quotations and article numbers have been collated against the electronic transcriptions published by CIDEP.  Only manifest transcription errors whose retention would misrepresent the antecedent have been normalized, including “Estada de Los Andes” and “no venta” in Articles 1 and 30 of the 1881 text; “Estado Caraboba,” normalized as “Estado Carabobo,” in Article 1 of the 1891 text; and the reference to “paragraph 23” of Article 13, restored as “paragraph 20,” in Article 81 of the 1891 text.  None of these normalizations alters the constitutional substance.  The marker cont. denotes substantive continuity notwithstanding orthographic, punctuation, or inflectional variation; cf. is reserved for changes that modify, remove, add, or redistribute constitutional content; and new identifies a provision without an antecedent in the immediately preceding Constitution.  At each point marked cf., the language producing the distinction is preserved according to the respective constitutional text.

Translation convention

Institutional names and constitutional terms are retained in italicized Castilian and followed by their contemporary English equivalents in brackets.  Constitutional quotations, including the Preámbulo [Preamble] and every antecedent introduced by cf., are rendered in contemporary Latinate English.  Comparative citations introduced by cf. are italicized as complete units.

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9). La Constitución de 1891

The Constitución de 1891 [Constitution of 1891], formally the Constitución de los Estados Unidos de Venezuela [Constitution of the United States of Venezuela], was adopted by the Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela] at Caracas on 9 April 1891 and promulgated by Presidente [President] Raimundo Andueza Palacio on 16 April 1891.

DOC-PRE—Preámbulo [Preamble]:

“The Congress of the United States of Venezuela, having considered and examined the petitions addressed by the nine States of the Venezuelan Federation through their respective Legislatures, requesting the reform of Article 118 of the Constitution of 1881; and considering: That not only does the majority required for that reform exist, but the vote of the autonomous Entities upon the matter is unanimous; and, That in this case reform is obligatory, and the National Legislature must undertake it in accordance with Articles 46 and 50 of the Compact of Union. Decrees:”

Although the Preámbulo [Preamble] identified Article 118 as the subject of the reform requested by the Estados [States], the enacted Constitución [Constitution] also altered the territorial organization established by Article 1 and extended the ordinary legislative session from sixty to seventy days in Article 30.

FND-TER—Territorio [Territory]:

The Constitución de 1891 [Constitution of 1891] provided that the Estados [States] declared independent and united by the Constitución de 28 de marzo de 1864 [Constitution of 28 March 1864], and known on 27 April 1881 as Apure, Bolívar, Barquisimeto, Barcelona, Carabobo, Cojedes, Cumaná, Falcón, Guzmán Blanco, Guárico, Guayana, Guzmán, Maturín, Nueva Esparta, Portuguesa, Táchira, Trujillo, Yaracuy, Zamora, and Zulia, were constituted as nine major political entities (Art. 1; cf. 1881, Art. 1: “The States that the Constitution of 28 March 1864 declared independent and united to form the Venezuelan Federation, and which are now denominated Apure, Bolívar, Barquisimeto, Barcelona, Carabobo, Cojedes, Cumaná, Falcón, Guzmán Blanco, Guárico, Guayana, Guzmán, Maturín, Nueva Esparta, Portuguesa, Táchira, Trujillo, Yaracuy, Zamora, and Zulia, are constituted as nine major political entities, namely:”).

Those nine political entities were Estado Bermúdez [State of Bermúdez], composed of Barcelona, Cumaná, and Maturín; Estado Miranda [State of Miranda], composed of Bolívar, Guzmán Blanco, Guárico, and Nueva Esparta; Estado Carabobo [State of Carabobo], composed of Carabobo and Nirgua; Estado Zamora [State of Zamora], composed of Cojedes, Portuguesa, and Zamora; Estado Lara [State of Lara], composed of Barquisimeto and Yaracuy, except the Departamento Nirgua [Department of Nirgua]; Estado de Los Andes [State of the Andes], composed of Guzmán, Trujillo, and Táchira; Estado Bolívar [State of Bolívar], composed of Guayana and Apure; Estado Zulia [State of Zulia]; and Estado Falcón [State of Falcón] (Art. 1; cf. 1881, Art. 1: “State of Oriente, composed of Barcelona, Cumaná, and Maturín; State of Guzmán Blanco, composed of Bolívar, Guzmán Blanco, Guárico, and Nueva Esparta; State of Carabobo, composed of Carabobo and Nirgua; South-Western State, composed of Cojedes, Portuguesa, and Zamora; North-Western State, composed of Barquisimeto and Yaracuy, except the Department of Nirgua; State of the Andes, composed of Guzmán, Trujillo, and Táchira; State of Bolívar, composed of Guayana and Apure; State of Zulia, by itself; and State of Falcón, also by itself.”).

Those entities were constituted in order to continue forming a single free, sovereign, and independent Nación [Nation] under the name Estados Unidos de Venezuela [United States of Venezuela] (Art. 1; cont. 1881, Art. 1).

The limits of the major Estados [States] remained those assigned to the former provinces by the Ley de 28 de abril de 1856 [Law of 28 April 1856], which had established the last territorial division, until that division should be reformed (Art. 2; cont. 1881, Art. 2).

The exterior limits of the Estados Unidos de la Federación Venezolana [United States of the Venezuelan Federation] remained those corresponding in 1810 to the former Capitanía General de Venezuela [Captaincy General of Venezuela] (Art. 3; cont. 1881, Art. 3).

The Estados [States] grouped into major political entities were denominated Secciones [Sections]. The Secciones [Sections] were equal among themselves; the constitutions governing their internal organization had to accord with the federal principles established by the Constitución [Constitution]; and undelegated soberanía [sovereignty] resided in the Estado [State], subject only to the limitations arising from the compact of association (Art. 4; cont. 1881, Art. 4).

POW-LEG—Congreso [Congress]:

The Constitución de 1891 [Constitution of 1891] vested the Legislatura Nacional [National Legislature] in two Cámaras [Chambers], one of Senadores [Senators] and the other of Diputados [Deputies] (Art. 18; cont. 1881, Art. 18). The Estados [States] determined the manner of electing the Diputados [Deputies] (Art. 19; cont. 1881, Art. 19). Each Estado [State] elected one Diputado [Deputy] for every thirty-five thousand inhabitants and another for any remainder of at least fifteen thousand, together with an equal number of suplentes [substitutes] (Art. 20; cont. 1881, Art. 20). The Diputados [Deputies] served four-year terms and were renewed in their entirety (Art. 21; cont. 1881, Art. 21). The Cámara de Diputados [Chamber of Deputies] examined the annual account presented by the Presidente [President], could adopt a vote of censure against the Ministros del Despacho [Ministers of State], and heard charges against the officer exercising the Ejecutivo Nacional [National Executive], the Ministros [Ministers], other national officers, and senior public officers of the Estados [States] in the cases prescribed by the Constitución [Constitution] (Arts. 22–24; cont. 1881, Arts. 22–24).

Each Legislatura estatal [State Legislature] elected three principal Senadores [Senators] and an equal number of suplentes [substitutes]. The Senadores [Senators] had to be Venezuelan by birth and at least thirty years of age, served four-year terms, and were renewed in their entirety (Arts. 25–27; cont. 1881, Arts. 25–27). The Senado [Senate] tried and determined the proceedings initiated in the Cámara de Diputados [Chamber of Deputies] and remained assembled for that purpose when a proceeding had not concluded during the legislative session (Arts. 28–29; cont. 1881, Arts. 28–29).

The Legislatura Nacional [National Legislature] assembled annually in the capital on 20 February, or on the earliest possible day thereafter, without prior convocation. Its sessions lasted seventy days and could be extended to ninety by decision of the majority (Art. 30; cf. 1881, Art. 30: “The National Legislature shall assemble each year in the capital of the United States on 20 February, or on the earliest possible day thereafter, without need of prior convocation. Sessions shall last sixty days and may be extended to ninety at the judgment of the majority.”). The Cámaras [Chambers] opened their sessions with at least two thirds of their members; after opening, they could continue with two thirds of those who had installed them, provided that number did not fall below half of all appointed members (Arts. 31–32; cont. 1881, Arts. 31–32). The Cámaras [Chambers] acted separately but assembled as Congreso [Congress] when the Constitución [Constitution] or the laws so required, or when either Cámara [Chamber] considered a joint session necessary; sessions were public or secret as each Cámara [Chamber] resolved (Arts. 33–34; cont. 1881, Arts. 33–34).

Each Cámara [Chamber] adopted its rules, corrected infractions, maintained order in the house of its sessions, disciplined spectators, removed impediments to the free exercise of its functions, executed its exclusive resolutions, determined the qualifications of its members, and heard their resignations (Art. 35; cont. 1881, Art. 35). Neither Cámara [Chamber] could suspend its sessions or change its place of meeting without the consent of the other; upon disagreement, the Cámaras [Chambers] assembled jointly and the decision of the majority prevailed (Art. 36; cont. 1881, Art. 36). The exercise of any public function was incompatible during the sessions with the office of Senador [Senator] or Diputado [Deputy]; the law fixed their indemnities, and an increase could not take effect before the period following the complete renewal of the Cámaras [Chambers] that enacted it (Art. 37; cont. 1881, Art. 37). Senadores [Senators] and Diputados [Deputies] enjoyed immunity from 20 January until thirty days after the sessions ended, consisting in the suspension of all civil or criminal proceedings, although a criminal investigation concerning an act punishable by corporal penalty could continue through the summary stage (Art. 38; cont. 1881, Art. 38). The Congreso [Congress] was presided over by the Presidente del Senado [President of the Senate], while the Presidente de la Cámara de Diputados [President of the Chamber of Deputies] served as Vicepresidente [Vice-President] (Art. 39; cont. 1881, Art. 39). miembros de las Cámaras [members of the Chambers] incurred no responsibility for opinions or speeches delivered therein (Art. 40; cont. 1881, Art. 40). A Senador [Senator] or Diputado [Deputy] who accepted an office or commission from the Ejecutivo Nacional [National Executive] thereby vacated his legislative seat (Art. 41; cont. 1881, Art. 41). Senadores [Senators] and Diputados [Deputies] could neither contract with the Gobierno Nacional [National Government] nor prosecute the claims of others before it (Art. 42; cont. 1881, Art. 42).

The Legislatura Nacional [National Legislature] exercised authority over disputes among Estados [States], the Distrito Federal [Federal District], customs, seaports and maritime coasts, national postal services, national codes, currency, national symbols, national offices, the national debt, public borrowing, the census and national statistics, the armed force, war and peace, treaties, public-works contracts, budgets, national prosperity and the advancement of the sciences and arts, weights and measures, amnesties, the Territorios [Territories], the procedure and penalties governing trials before the Senado [Senate], the population basis for the Diputados [Deputies], admission of foreigners to public service, military retirement and montepíos [survivors’ pensions], the responsibility of national and Estado [State] officers, military ranks and promotions, and election of the Consejo Federal [Federal Council] (Art. 43; cont. 1881, Art. 43). It could also enact the necessary general laws, while no law in conflict with the Constitución [Constitution] could be promulgated or executed (Art. 44; cont. 1881, Art. 44).

Bills and decrees could be introduced by members of either Cámara [Chamber], were subject to admission and three debates separated by at least one day, passed from one Cámara [Chamber] to the other, and followed the procedures governing amendments, insistence, rejection, pending bills, repeal, publication, nondelegation, and retroactivity (Arts. 45–60; cont. 1881, Arts. 45–60).

ECO-HAC—Hacienda [Public Finance]:

The Constitución de 1891 [Constitution of 1891] empowered the Legislatura Nacional [National Legislature] to organize all matters concerning the aduanas [customs houses], whose revenues formed the Tesoro de la Unión [Treasury of the Union] until replaced by other revenues; to determine all matters concerning the national debt; to borrow upon the credit of the Nación [Nation]; and to establish the annual budgets of public expenditure (Art. 43, nos. 3, 10, 11, and 18; cont. 1881, Art. 43, nos. 3, 10, 11, and 18). No expenditure could be made from the Tesoro Nacional [National Treasury] unless Congreso [Congress] had expressly appropriated a sum for it in the annual budget. Those who violated that rule were civilly liable to the Tesoro Nacional [National Treasury] for the sums paid, and ordinary expenses took precedence over extraordinary expenses in every disbursement of public funds (Art. 105; cont. 1881, Art. 105). Offices collecting national contributions and offices making payments had to remain separate, and the former could make no payments other than the salaries of their respective employees (Art. 106; cont. 1881, Art. 106). If no budget was enacted for a fiscal period, the budget for the immediately preceding period remained in force (Art. 107; cont. 1881, Art. 107). Exports from Venezuela were free of duty (Art. 101; cont. 1881, Art. 101).

POW-EXE—Ejecutivo [Executive]:

The Constitución de 1891 [Constitution of 1891] established a Consejo Federal [Federal Council] composed of one Senador [Senator] and one Diputado [Deputy] from each political entity, together with one additional Diputado [Deputy] for the Distrito Federal [Federal District], elected by Congreso [Congress] every two years from the respective representations of the Estados [States] and Distrito Federal [Federal District] (Art. 61 and §; cont. 1881, Art. 61 and §). The Consejo Federal [Federal Council] elected from among its members the Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela] and the person who would replace him upon a temporary or absolute vacancy. An election of a person who was not a member of the Consejo [Council] was void and without effect (Art. 62; cont. 1881, Art. 62). The miembros del Consejo [members of the Council] and the Presidente [President] served two-year terms and could not be reelected for the immediately succeeding period, although they resumed their legislative seats upon completing their service (Art. 63; cont. 1881, Art. 63). The Consejo Federal [Federal Council] resided in the Distrito Federal [Federal District], exercised the functions assigned by the Constitución [Constitution], required an absolute majority of its members to act, adopted its internal rules, and annually appointed the member who would preside over its sessions (Art. 64; cont. 1881, Art. 64).

The Presidente [President] appointed and removed the Ministros del Despacho [Ministers of State]; presided over the Gabinete [Cabinet]; received diplomatic representatives; signed official letters addressed to foreign sovereigns and presidents; executed the laws and decrees of the Legislatura Nacional [National Legislature]; promulgated resolutions and decrees approved by the Consejo Federal [Federal Council]; organized the Distrito Federal [Federal District]; issued navigation patents to national vessels; reported annually to Congreso [Congress] on the exercise of the powers conferred by Article 66; and performed the other functions assigned by national law (Art. 65; cont. 1881, Art. 65).

With the deliberative vote of the Consejo Federal [Federal Council], the Presidente [President] defended the Nación [Nation] against external attack; administered terrenos baldíos [public lands], mines, and saltworks by delegation from the Estados [States]; convened the Legislatura Nacional [National Legislature] in ordinary and extraordinary sessions; appointed diplomatic representatives and consuls; directed negotiations and concluded treaties subject to legislative approval; concluded contracts of national interest subject to legislative approval; appointed, removed, and suspended finance officers; declared war with prior authorization from Congreso [Congress]; exercised the powers conferred in the event of foreign war; employed the public force to restore constitutional order when an armed uprising threatened the institutions of the Nación [Nation]; employed the public force to end armed collision among Estados [States] and compel submission of their disputes to arbitration; directed the war and appointed the commander of the Ejército [Army]; organized the national force in time of peace; granted general or individual pardons; and defended the territory designated for the Distrito Federal [Federal District] when invasion was feared (Art. 66; cont. 1881, Art. 66).

The Presidente [President] was assisted in the conduct of business by the number of Ministros [Ministers] established by law, which determined their functions and duties and organized their departments (Art. 67; cont. 1881, Art. 67). A Ministro [Minister] had to be at least twenty-five years of age and either Venezuelan by birth or a national of five years’ standing (Art. 68; cont. 1881, Art. 68). The Ministros [Ministers] were the necessary organs of the Presidente [President], and every presidential act required their countersignature before it could be executed by authorities, officers, or private persons (Art. 69; cont. 1881, Art. 69). Ministros [Ministers] had to conform their acts to the Constitución [Constitution] and the laws; even a written presidential order did not absolve them of personal responsibility (Art. 70; cont. 1881, Art. 70). Matters other than the internal administration of the departments were determined by the Consejo de Ministros [Council of Ministers], whose responsibility was collective and joint (Art. 71; cont. 1881, Art. 71). Within the first five sessions of each year, the Ministros [Ministers] reported upon their departments, presented the annual budget and the general account for the preceding year, appeared before the Cámaras [Chambers] when summoned, and supplied the written or oral reports demanded of them, except for matters reserved in diplomatic negotiations (Arts. 72–74; cont. 1881, Arts. 72–74). Ministros [Ministers] were responsible for treason against the Nación [Nation], violation of the Constitución [Constitution] or laws, misappropriation of public funds, expenditures exceeding appropriations, bribery in matters within their office or in appointments, and failure to comply with decisions of the Consejo Federal [Federal Council] (Art. 75; cont. 1881, Art. 75).

The Ejecutivo Nacional [National Executive] was exercised by the Consejo Federal [Federal Council], the Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela] or the person acting in his stead, together with the Ministros del Despacho [Ministers of State], who were its organs. The Presidente [President] had to be Venezuelan by birth (Art. 86 and §; cont. 1881, Art. 86). The functions of the Ejecutivo Nacional [National Executive] could not be exercised outside the Distrito Federal [Federal District], except in the circumstance prescribed by Article 66, no. 10, attribution 5. When the Presidente [President], with the approval of the Consejo Federal [Federal Council], assumed command of the Ejército [Army] or left the Distrito [District] on business of public interest, he could exercise no other functions and was replaced by the Consejo Federal [Federal Council] pursuant to Article 62 (Art. 87; cont. 1881, Art. 87).

The Ejecutivo Nacional [National Executive] was directed to negotiate with the Gobiernos de América [Governments of the Americas] concerning compacts of alliance or confederation (Art. 116; cont. 1881, Art. 116).

POW-JUD—Poder Judicial [Judicial Power]:

The Constitución de 1891 [Constitution of 1891] established an Alta Corte Federal [High Federal Court] composed of one Vocal [Member] for each Estado de la Federación [State of the Federation]. Its Vocales [Members] had to be Venezuelan by birth and at least thirty years of age (Art. 76; cont. 1881, Art. 76). Congreso [Congress] elected one principal Vocal [Member] and one substitute for each Estado [State] from lists of candidates prepared by the respective Estado [State] delegations in Congreso [Congress] (Art. 77; cont. 1881, Art. 77). The law determined the functions of the Vocales [Members] and other officers of the Alta Corte Federal [High Federal Court] (Art. 78; cont. 1881, Art. 78). Principal Vocales [Members] and their suplentes [substitutes] served four-year terms and, while in office, could not accept an appointment from the Ejecutivo [Executive] without first resigning and obtaining lawful acceptance of the resignation; violation entailed four years’ disqualification from public office in Venezuela (Art. 79; cont. 1881, Art. 79).

The Alta Corte Federal [High Federal Court] had jurisdiction over civil and criminal proceedings involving diplomatic officers in the cases permitted by the Derecho de Gentes [Law of Nations]; proceedings that the Presidente [President] ordered to be brought against his Ministros [Ministers]; proceedings concerning ministerial responsibility; proceedings against diplomatic agents accredited abroad; civil proceedings against the Nación [Nation] when the law so provided; jurisdictional disputes among officers of different Estados [States]; political matters voluntarily submitted by the Estados [States]; determination of the governing law when national laws conflicted with one another or with Estado [State] laws; disputes arising from contracts or negotiations concluded by the Presidente de la Federación [President of the Federation]; prize causes; and other matters assigned by law (Art. 80; cont. 1881, Art. 80).

The Constitución [Constitution] also established a Corte de Casación [Court of Cassation] as a tribunal of the Estados [States], composed of one Vocal [Member] for each Estado [State], with four-year terms (Art. 81; cont. 1881, Art. 81). Vocales [Members] of the Corte de Casación [Court of Cassation] had to be practicing attorneys with at least six years of professional practice, Venezuelan, and over thirty years of age (Art. 82; cont. 1881, Art. 82). Every four years, each Legislatura estatal [State Legislature] prepared a list of attorneys equal in number to the Estados de la Federación [States of the Federation], from which the Consejo Federal [Federal Council] elected the Vocal [Member] corresponding to each Estado [State] (Art. 83; cont. 1881, Art. 83). After those elections, the Consejo Federal [Federal Council] compiled and published a general list of the remaining attorneys, from which absolute vacancies were filled by lot; temporary vacancies were filled as prescribed by law (Art. 84; cont. 1881, Art. 84).

The Corte de Casación [Court of Cassation] heard criminal and responsibility proceedings against senior officers of the Estados [States], applying the laws of the respective Estado [State] and, in the absence of a law of responsibility, the general legislation of the República [Republic]; determined the recurso de casación [appeal in cassation] in the manner prescribed by law; reported annually to the Legislatura Nacional [National Legislature] on impediments to uniform civil and criminal legislation; and resolved jurisdictional conflicts among judicial officers of different Estados [States] and, within a single Estado [State], when no authority existed to resolve them (Art. 85; cont. 1881, Art. 85).

The tribunals of justice of the Estados [States] were independent, and proceedings initiated before them terminated within the respective Estado [State], subject only to review by the Corte de Casación [Court of Cassation] in the cases permitted by law (Art. 89; cont. 1881, Art. 89). The law could also create such other national tribunals as were necessary (Art. 111; cont. 1881, Art. 111).

POW-SUB—Gobierno subnacional [Subnational Government]:

The Constitución de 1891 [Constitution of 1891] constituted the former Estados [States] as nine larger political entities, styled the Estados [States] of Bermúdez, Miranda, Carabobo, Zamora, Lara, Los Andes, Bolívar, Zulia, and Falcón, which continued to form one nation under the denomination Estados Unidos de Venezuela [United States of Venezuela] (Art. 1; cf. 1881, Art. 1: “The States that the Constitution of 28 March 1864 declared independent and united to form the Venezuelan Federation … are constituted as nine great political entities, namely:”). The territorial division established by the Ley de 28 de abril de 1856 [Law of 28 April 1856] determined the boundaries of those entities until amended by law (Art. 2; cont. 1881, Art. 2). The entities formed by the aggregation of former Estados [States] were denominated Secciones [Sections], declared equal among themselves, required to enact constitutions consonant with the federal principles established by the Constitución [Constitution], and retained the soberanía [sovereignty] not delegated, subject only to the limitations arising from the compact of association (Art. 4; cont. 1881, Art. 4).

The Estados [States] composing the Federación Venezolana [Venezuelan Federation] reciprocally recognized their respective autonomías [autonomies], declared themselves equal as political entities, and retained in full the sovereignty not expressly delegated by the Constitución [Constitution] (Art. 12; cont. 1881, Art. 12). The Constitución [Constitution] enumerated the obligations of the Estados [States], including organization according to the principles of popular, elective, federal, representative, alternative, and responsible government; enactment of constitutions consonant with the federal compact; preservation of sectional independence and the integrity of the Federación [Federation]; abstention from foreign political or diplomatic relations; cession of territory required for the Distrito Federal [Federal District] and other national purposes; recognition of specified federal powers and administrations; compliance with, and enforcement of, the Constitución [Constitution], federal laws, and federal judicial acts; organization of their tribunals; establishment of direct and public suffrage; provision of primary education and instruction in arts and trades; contribution of the contingent to the national public force; neutrality in disputes among Estados [States]; submission of interstate controversies to Congreso [Congress] or the Alta Corte Federal [High Federal Court]; recognition of federal jurisdiction over specified proceedings against the executive authorities of the Estados [States]; participation in the distribution of specified revenues; and the other duties enumerated in Article 13 (Art. 13; cont. 1881, Art. 13).

All matters not expressly attributed to the Administración General de la Nación [General Administration of the Nation] fell within the competence of the Estados [States] (Art. 88; cont. 1881, Art. 88). The tribunals of justice of the Estados [States] were declared independent, and proceedings initiated within an Estado [State] terminated there, subject only to review by the Corte de Casación [Court of Cassation] in the cases permitted by law (Art. 89; cont. 1881, Art. 89). Every act of Congreso [Congress] or the Ejecutivo Nacional [National Executive] that violated the rights guaranteed to the Estados [States] or assailed their independence had to be declared void by the Alta Corte Federal [High Federal Court] upon petition of a majority of the Legislaturas estatales [State Legislatures] (Art. 90; cont. 1881, Art. 90).

The Gobierno de la Federación [Government of the Federation] could maintain no resident officers exercising jurisdiction or authority within the Estados [States] other than the Estados [States]’ own officers. Officers of the Hacienda [Public Finance] and personnel assigned to forces garrisoning national fortresses, parks created by law, naval stations, and authorized ports were excepted; their jurisdiction was confined to their respective offices and precincts, without exempting them from the general laws of the Estado [State] in which they resided (Art. 97; cont. 1881, Art. 97).

The Gobierno Nacional [National Government] could station neither forces nor military commanders exercising command within an Estado [State] without the consent of its government (Art. 98; cont. 1881, Art. 98). Neither the Ejecutivo Nacional [National Executive] nor the Ejecutivos de los Estados [Executives of the States] could intervene by armed force in the domestic contests of an Estado [State], although they could tender their good offices toward a peaceful settlement (Art. 99; cont. 1881, Art. 99).

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

The Constitución de 1891 [Constitution of 1891] authorized its amendment by the Legislatura Nacional [National Legislature] upon application by the Legislaturas estatales [State Legislatures], but only upon the points on which a majority of the Estados [States] concurred (Art. 118; cf. 1881, Art. 118: “This Constitution may be amended in whole or in part by the National Legislature if a majority of the Legislatures of the States should so request. The decision of the majority renders the amendment obligatory; but the amendment shall never extend beyond the points upon which the applications concur.”). It further provided that one or more points could be amended when two thirds of the members of the Legislatura Nacional [National Legislature], acting separately and according to the procedure established for the enactment of laws, so resolved. An amendment adopted by that method had to be submitted to the Legislaturas de los Estados [State Legislatures] and was enacted only as to the point or points ratified by a majority of them (Art. 118; new).

CIV-SUF—Sufragio [Suffrage]:

The Constitución de 1891 [Constitution of 1891] made male Venezuelans over twenty-one years of age eligible for office, subject only to the exceptions established by the Constitución [Constitution] (Art. 7; cont. 1881, Art. 7). It guaranteed freedom of suffrage in popular elections, restricted only by minority under eighteen years of age (Art. 14, no. 11; cont. 1881, Art. 14, no. 11). It required the Estados [States] to establish direct and public suffrage in popular elections, render it obligatory, and secure it through the electoral census. Each vote had to be cast in full and public session of the respective electoral board, entered in the register prescribed by law, and signed by the elector or, if impeded or unable to write, by another at his request; without that formality, the vote was not deemed cast (Art. 13, no. 22; cont. 1881, Art. 13, no. 22).

The Diputados [Deputies] were elected by popular vote in the proportion established by the Constitución [Constitution], with an equal number of suplentes [substitutes] (Art. 20; cont. 1881, Art. 20). Each Legislatura estatal [State Legislature] elected three principal Senadores [Senators] and an equal number of suplentes [substitutes] (Art. 25; cont. 1881, Art. 25). The Consejo Federal [Federal Council] elected from among its members the Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela] and the person who would replace him upon temporary or absolute vacancy (Art. 62; cont. 1881, Art. 62). During periods of popular elections, the fuerza pública nacional y la de los Estados [national and State public forces] remained strictly confined to barracks throughout the electoral period (Art. 108; cont. 1881, Art. 108).

CIV-CIT—Ciudadanía [Citizenship]:

The Constitución de 1891 [Constitution of 1891] recognized as Venezuelans all persons born within the territory of Venezuela, irrespective of their parents’ nationality; children of a Venezuelan mother or father born in another territory who established domicile in the country and manifested their will to become Venezuelan; foreigners who had obtained a carta de nacionalidad [letter of naturalization]; and persons born in any of the Repúblicas hispanoamericanas [Spanish-American Republics] or the Antillas españolas [Spanish Antilles] who established residence in the República [Republic] and manifested their will to become its citizens (Art. 5; cont. 1881, Art. 5). Venezuelans who established domicile and acquired nationality in a foreign country did not thereby lose their Venezuelan status (Art. 6; cont. 1881, Art. 6). Male Venezuelans over twenty-one years of age were eligible for public office, subject only to the exceptions established by the Constitución [Constitution] (Art. 7; cont. 1881, Art. 7). Venezuelans were bound to serve the Nación [Nation] according to law, sacrificing their property and lives if necessary for its defense (Art. 8; cont. 1881, Art. 8). In every Estado [State] of the Unión [Union], they enjoyed the rights and immunities inherent in their status as citizens of the Federación [Federation] and were subject there to the same duties as native-born and domiciled inhabitants (Art. 9; cont. 1881, Art. 9).

Foreigners enjoyed the same civil rights as Venezuelans and the same security of person and property as nationals. They could resort to diplomatic channels only in accordance with public treaties and in cases permitted by law (Art. 10; cont. 1881, Art. 10). The law determined the rights incident to condición de extranjero [alien status], according as foreigners were domiciled or transient (Art. 11; cont. 1881, Art. 11).

RTS-GAR—Derechos [Rights]:

The Constitución de 1891 [Constitution of 1891] guaranteed Venezuelans the inviolability of life, abolishing capital punishment irrespective of the law prescribing it; property, subject only to legislatively imposed contributions, judicial decision, and expropriation for public works after indemnification and adversarial proceedings; the inviolability and secrecy of correspondence and other private papers; the inviolability of the domestic home, except to prevent the commission of a crime in accordance with law; personal liberty, including abolition of forced recruitment, perpetual proscription of slavery, freedom for slaves who entered Venezuelan territory, and the principle that no person is bound to do what the law does not command or prevented from doing what it does not prohibit; freedom of thought expressed orally or through the press without prior censorship, subject to judicial actions for calumny, insult, or injury to a third party; freedom of transit, change of domicile, departure from and return to the República [Republic] with one’s property; freedom of industry, with protection for discoveries and productions; freedom of peaceful, unarmed assembly and association; the right of petition and of obtaining a determination; freedom of suffrage in popular elections, restricted only by minority under eighteen years of age; freedom of instruction, with an obligation upon the public power to establish primary education and instruction in arts and trades without charge; religious freedom; individual security, with the guarantees enumerated in Article 14, no. 14; and equality before the law, including the prohibition of titles of nobility and hereditary honors and the official forms of address ciudadano [citizen] and usted [you] (Art. 14; cont. 1881, Art. 14).

The enumeration of guarantees did not restrict the power of the Estados [States] to accord their inhabitants additional guarantees (Art. 15; cont. 1881, Art. 15). Estado [State] laws prescribed penalties for violations of those guarantees and established procedures for making them effective (Art. 16; cont. 1881, Art. 16). Persons who issued, signed, executed, or ordered the execution of decrees, orders, or resolutions violating any guarantee accorded to Venezuelans were declared culpable and punished according to law, and every ciudadano [citizen] was competent to accuse them (Art. 17; cont. 1881, Art. 17).

All usurped authority was without effect, and its acts were void. Any decision procured by the direct or indirect requisition of the armed force or by an assembly of the people in a subversive posture was likewise void by operation of law and without effect (Art. 102; cont. 1881, Art. 102).

The Derecho de Gentes [Law of Nations] formed part of national legislation and governed especially in cases of civil war. Civil war could be concluded by treaties among the belligerents, who were required to observe the humanitarian usages of Christian and civilized nations; the guarantee of life remained inviolable in every case (Art. 117; cont. 1881, Art. 117).

REG-MIL—La fuerza armada [Armed Force]:

The Constitución de 1891 [Constitution of 1891] empowered the Legislatura Nacional [National Legislature] annually to fix the size of the naval and land forces, enact the ordinances of the Ejército [Army], prescribe rules for forming and replacing those forces, enact laws governing military retirement and montepíos [survivors’ pensions], and determine the manner of conferring military ranks and promotions (Art. 43, nos. 13, 14, 26, and 28; cont. 1881, Art. 43, nos. 13, 14, 26, and 28).

With the deliberative vote of the Consejo Federal [Federal Council], the Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela] organized the national force in time of peace, directed the war, appointed the commander of the Ejército [Army], declared war with prior authorization from Congreso [Congress], exercised the powers conferred in case of foreign war, employed the public force to restore constitutional order upon an armed uprising against the institutions of the Nación [Nation], employed the public force to terminate armed collision among Estados [States] and compel submission of their disputes to arbitration, and defended the territory designated for the Distrito Federal [Federal District] when invasion was feared (Art. 66, nos. 9–16; cont. 1881, Art. 66, nos. 9–16).

The national public force was divided into naval and land forces and consisted of the milicia ciudadana [citizen militia] organized by the Estados [States] pursuant to their laws (Art. 91; cont. 1881, Art. 91). The force placed at the charge of the Federación [Federation] consisted of a contingent, proportioned to population, supplied by each Estado [State] through the call to service of citizens required to render it under their internal laws (Art. 92; cont. 1881, Art. 92). In time of war, that contingent could be augmented by bodies of the milicia ciudadana [citizen militia] up to the number of men necessary to satisfy “the national requisition” (Art. 93; cf. 1881, Art. 93: “In case of war, the contingent may be augmented by bodies of the citizen militia up to the number of men necessary to satisfy the requisition of the National Government.”). The Gobierno Nacional [National Government] could replace the commanders of the public force supplied by the Estados [States] in the cases and with the formalities prescribed by national military law, whereupon it requested replacements from the respective Estados [States] (Art. 94; cont. 1881, Art. 94). Military and civil authority could never be exercised by the same person or corporation (Art. 95; cont. 1881, Art. 95).

All existing instruments of war belonged to the Gobierno Nacional [National Government], without prohibiting the Estados [States] from acquiring those required for their internal defense (Art. 97; cont. 1881, Art. 97).

The Gobierno Nacional [National Government] could station neither forces nor military commanders exercising command within an Estado [State] without the consent of its government (Art. 98; cont. 1881, Art. 98). Neither the Ejecutivo Nacional [National Executive] nor the Ejecutivos de los Estados [Executives of the States] could intervene by armed force in the domestic contests of an Estado [State], although they could tender their good offices toward a peaceful settlement (Art. 99; cont. 1881, Art. 99). During periods of popular elections, the fuerza pública nacional y la de los Estados [national and State public forces] remained strictly confined to barracks throughout the electoral period (Art. 108; cont. 1881, Art. 108). The armed force could not deliberate; it was “passive and obedient,” and no armed body could make requisitions or demand aid except through the civil authorities and in the manner prescribed by law (Art. 113; cont. 1881, Art. 113).

In cases of civil war, the provisions of the Derecho de Gentes [Law of Nations] incorporated into national legislation governed; belligerents could conclude treaties to terminate the war, were required to observe humanitarian usages, and could not violate the guarantee of life (Art. 117; cont. 1881, Art. 117).

REG-REL—Religión [Religion]:

The Constitución de 1891 [Constitution of 1891] guaranteed religious freedom (Art. 14, no. 13; cont. 1881, Art. 14, no. 13). It further provided that, the Nación [Nation] being in possession of the derecho de patronato eclesiástico [right of ecclesiastical patronage], that right would be exercised as prescribed by the governing law (Art. 96; cont. 1881, Art. 96).

CON-FIN—Disposiciones finales [Final Provisions]:

The Constitución de 1891 [Constitution of 1891] entered into force on the date of its official promulgation in each Estado [State]. It further directed that, in all public acts and official documents, the date of the Federación [Federation] be reckoned from 20 February 1859 and that of the Ley [Law] from 28 March 1864 (Art. 119; cont. 1881, Art. 119). The constitutional period for offices within the Administración General de la República [General Administration of the Republic] continued to be reckoned from 20 February 1882, the date upon which the amended Constitución [Constitution] was put into operation (Art. 120; cf. 1881, Art. 122: “The new constitutional period shall begin to be reckoned, for offices within the General Administration of the Republic, on 20 February 1882, when the present period terminates.”). For all civil and political acts of the Estados de la Federación [States of the Federation], the population basis was that determined by the latest census approved by the Legislatura Nacional [National Legislature] (Art. 121; cf. 1881, Art. 123: “For all acts in the civil and political life of the States of the Federation, their population basis is that determined by the census approved on 6 June 1874, until amended.”). The Constitución de 27 de abril de 1881 [Constitution of 27 April 1881] was repealed (Art. 122; cf. 1881, Art. 124: “The Federal Constitution enacted in 1874 is repealed.”).

The Constitución [Constitution] was adopted at Caracas, in the Palacio del Cuerpo Legislativo Federal [Palace of the Federal Legislative Body], on 9 April 1891, signed by the members of Congreso [Congress] there recorded, and ordered executed and observed at the Palacio Federal [Federal Palace] in Caracas on 16 April 1891 by Presidente [President] Raimundo Andueza Palacio and his Ministros [Ministers].

Note: the original text of the Constitución de 1891 [Constitution of 1891] may be consulted through CIDEP (Recopilación de Leyes y Decretos de Venezuela [Compilation of the Laws and Decrees of Venezuela]): https://cidep.online/files/constituciones/1891.pdf

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10). La Constitución de 1893

La Constitución de 1893 [The Constitution of 1893] (Constitución de los Estados Unidos de Venezuela [Constitution of the United States of Venezuela]) was adopted by the Asamblea Nacional Constituyente [National Constituent Assembly] at Caracas on 12 June 1893 and promulgated by Presidente [President] Joaquín Crespo on 21 June 1893.

DOC-PRE—Preámbulo [Preamble]:

“We, the representatives of the people of Venezuela, assembled as a Constituent Assembly pursuant to the convocation contained in the Executive Decree of 1 January of the present year, invoking the favor and inspiration of the Supreme Legislator of the Universe, decree the following: CONSTITUTION OF THE UNITED STATES OF VENEZUELA”

FND-TER—Territorio [Territory]:

The Constitución de 1893 [Constitution of 1893] declared that the Estados [States] of Los Andes, Bermúdez, Bolívar, Carabobo, Falcón, Lara, Miranda, Zamora, and Zulia continued united as the Nación [Nation] under the denomination Estados Unidos de Venezuela [United States of Venezuela] (Art. 1; cf. 1891, Art. 1: “The States that the Constitution of 28 March 1864 declared independent and united … are constituted as nine great political entities, namely: the State of Bermúdez … the State of Miranda … the State of Carabobo … the State of Zamora … the State of Lara … the State of Los Andes … the State of Bolívar … the State of Zulia, by itself, and the State of Falcón, likewise by itself.”).

The boundaries of those Estados [States] were to be determined by those assigned to the former provinces by the Ley de 28 de abril de 1856 [Law of 28 April 1856], except that the former Departamento Nirgua [Department of Nirgua] formed part of the Estado Carabobo [State of Carabobo] (Art. 2; cf. 1891, Art. 2: “The boundaries of these great States are determined by those assigned to the former provinces by the Law of 28 April 1856, which fixed the last territorial division, until that division is amended.”).

The territory of the Estados Unidos de Venezuela [United States of Venezuela] was the same as that belonging in 1810 to the Capitanía General de Venezuela [Captaincy General of Venezuela] (Art. 3; cont. 1891, Art. 3).

Two or more Estados [States] could unite to form a single Estado [State] if their respective Asambleas Legislativas [Legislative Assemblies] so resolved. The former Estados [States] that the Constitución de 28 de marzo de 1864 [Constitution of 28 March 1864] had declared independent and that the Constitución de 27 de abril de 1881 [Constitution of 27 April 1881] had converted into Secciones [Sections] could recover the status of Estados [States] if two thirds of their Distritos [Districts], acting through their representatives in the Asamblea Legislativa [Legislative Assembly], so petitioned and their population exceeded one hundred thousand inhabitants. In the absence of that population, they could petition to separate from one Estado [State] and be annexed to another, provided that the Estado [State] from which they separated retained the requisite base of one hundred thousand inhabitants. In either case, notice was given to Congreso [Congress], the Ejecutivo Nacional [National Executive], and the other Estados [States] of the Federación [Federation], and the law regulated the procedure (Art. 4; new).

POW-LEG—Congreso [Congress]:

The Constitución de 1893 [Constitution of 1893] vested the legislative authority of the Nación [Nation] in the 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] (Arts. 18–19; cf. 1891, Art. 18: “The National Legislature shall be composed of two Chambers, one of Senators and the other of Deputies.”; cf. 1891, Art. 19: “The States shall determine the manner of conducting the election of Deputies.”).

Each Estado [State] elected one Diputado [Deputy] for every thirty-five thousand inhabitants and one additional Diputado [Deputy] for every excess of not less than fifteen thousand, with an equal number of suplentes [substitutes]; the Distrito Federal [Federal District] likewise elected its Diputados [Deputies] under the same rules (Arts. 20 and 23; cf. 1891, Art. 20: “To constitute the Chamber of Deputies, each State shall appoint by popular election, in conformity with paragraph 22 of Article 13 of this Constitution, one Deputy for every thirty-five thousand inhabitants and one additional Deputy for an excess of not less than fifteen thousand.”).

Diputados [Deputies] had to be Venezuelan by birth; their election was popular and conducted under paragraph 24 of Article 13; they served four-year terms, were renewed in their entirety, and their vacancies were filled according to law for the remainder of the term (Arts. 21–24 and sole paragraph to Art. 24; cf. 1891, Art. 21: “The Deputies shall serve four years in their offices and shall be renewed in their entirety.”).

The Asamblea Legislativa [Legislative Assembly] of each Estado [State] elected three principal Senadores [Senators] and three suplentes [substitutes]; Senadores [Senators] had to be Venezuelan by birth and at least thirty years of age, served four-year terms, and were renewed in their entirety (Arts. 26–29; cf. 1891, Art. 25: “To constitute this Chamber, each State, through its respective Legislature, shall elect three principal Senators and, to fill vacancies that may occur, an equal number of substitutes.”; cf. 1891, Art. 26: “To be a Senator, a person must: 1. Be Venezuelan by birth; and 2. Be thirty years of age.”; cf. 1891, Art. 27: “The Senators shall serve four years in their offices and shall be renewed in their entirety.”).

The Constitución [Constitution] prescribed the annual meeting of the Cámaras Legislativas [Legislative Chambers] in the capital of the Unión [Union] on 20 February, or on the nearest possible day, without prior convocation; sessions of seventy days, extendable to ninety; quorum requirements; public and secret sessions; the internal powers of each Cámara [Chamber]; the rule that neither Cámara [Chamber] could suspend its sessions or change its place of meeting without the consent of the other; incompatibility between legislative office and other public functions during the sessions; legislative indemnities; immunity; the presidency of Congreso [Congress]; nonliability for opinions or speeches; and the prohibition against Senadores [Senators] and Diputados [Deputies] contracting with the Ejecutivo Nacional [National Executive] or prosecuting the claims of others before it (Arts. 30–43; cf. 1891, Art. 30: “The National Legislature shall meet each year in the capital of the United States on 20 February, or on the nearest possible day, without need of prior convocation.”; cf. 1891, Art. 34: “The sessions shall be public, and secret when the Chamber so resolves.”; cf. 1891, Art. 38: “Senators and Deputies, from 20 January of each year until thirty days after the termination of the sessions, shall enjoy immunity.”; cf. 1891, Art. 40: “The members of the Chambers are not responsible for the opinions they express or the speeches they deliver therein.”; cf. 1891, Art. 42: “Nor may Senators and Deputies contract with the National Government or prosecute the claims of others before it.”).

The Constitución [Constitution] enumerated the powers of Congreso [Congress] over national taxes, aduanas [customs houses], ports, postal and telegraph offices, national codes, currency, national symbols, national offices, the national debt, public borrowing, statistics and the census, the armed force, war, treaties, contracts of national interest, the budget, amnesties, the Territorios [Territories], elections, official responsibility, military retirement and montepíos [survivors’ pensions], military ranks and promotions, and laws of a general character (Arts. 44–46; cf. 1891, Art. 43: “The National Legislature has the following powers:”; cf. 1891, Art. 44: “In addition to the preceding enumeration, the National Legislature may enact such laws of a general character as may be necessary …”).

The Constitución [Constitution] prescribed the introduction, debate, amendment, approval, promulgation, repeal, and publication of laws; required that a law amending another be drafted in full; provided that bills rejected during the sessions of one year could not be introduced anew except during those of another; declared the power of Congreso [Congress] to enact law nondelegable; and provided that no legislative provision would have retroactive effect, except in matters of judicial procedure and when imposing a lesser penalty (Arts. 47–59; cf. 1891, Art. 45: “The laws and decrees of the National Legislature may be introduced by members of either Chamber …”; cf. 1891, Art. 46: “… it shall receive three debates, with an interval of at least one day between each …”; cf. 1891, Art. 50: “A law amending another shall be drafted in full, and the prior law shall be repealed in all its parts.”; cf. 1891, Art. 52: “Bills rejected in one Legislature may not be introduced anew except in another.”; cf. 1891, Art. 58: “Laws shall not be in force until published with the prescribed solemnity.”; cf. 1891, Art. 59: “The power conferred to enact law is not delegable.”; cf. 1891, Art. 60: “No legislative provision shall have retroactive effect, except in matters of judicial procedure and when imposing a lesser penalty.”).

ECO-HAC—Hacienda [Public Finance]:

The Constitución de 1893 [Constitution of 1893] empowered the Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela] to decree national taxes and organize all matters concerning the aduanas [customs houses], determine all matters concerning the national debt and its interest, authorize borrowing upon the credit of the Nación [Nation], and frame the general budget of public revenues and expenditures, which in no case could fail to receive an annual vote (Art. 44, nos. 2, 9, 10, and 17; cf. 1891, Art. 43, nos. 3, 10, 11, and 18: “To organize all matters concerning the Customs Houses, whose revenues shall constitute the treasury of the Union until replaced by other revenues”; “To determine all matters concerning the National Debt”; “To borrow upon the credit of the Nation”; “To frame annually the budgets of public expenditure.”).

The Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela] was charged with administering terrenos baldíos [public lands], mines, and saltworks pursuant to law; negotiating the loans authorized by Congreso [Congress] in strict conformity with its provisions; and supervising and safeguarding the collection of national revenues (Art. 76, nos. 5, 15, and 16; cf. 1891, Art. 66, nos. 2, 10, and 7: “To administer the public lands, mines, and saltworks of the States by their delegation”; “To exact contributions in advance and negotiate the loans authorized by the National Legislature”; “To appoint officers of the Public Finance whose appointment is not attributed to another authority.”).

The Consejo de Gobierno [Council of Government] was required to supervise the lawful administration and application of national revenues, submitting annually to Congreso [Congress] such reports and observations as were warranted; to ensure the proper delivery of the sums assigned to the Estados [States] under Article 13, no. 32; and to ensure the detailed fortnightly publication of the movements of the Treasury (Art. 85, no. 4; new).

Within the first ten days of the second month of the Cámaras [Chambers]’ sessions, the Ministros del Despacho [Ministers of State] were required to present the general budget of revenues and expenditures and the general account for the preceding year (Art. 97; cf. 1891, Art. 73: “Within the same period, they shall present to the National Legislature the budget of public expenditures and the general account for the preceding year.”).

The Constitución [Constitution] declared exports from Venezuela free and prohibited every duty upon them; prohibited any expenditure from the Tesoro Nacional [National Treasury] for which Congreso [Congress] had not expressly appropriated a sum in the general budget of public expenditures; rendered violators civilly liable to the Tesoro Nacional [National Treasury] for the sums paid; required ordinary expenses to take precedence over extraordinary expenses; and required offices collecting national contributions and offices making payments to remain separate, the former making no payment other than the salaries of their respective employees (Arts. 136, 138, and 139; cf. 1891, Art. 101: “Exports from Venezuela are free, and no duty burdening them may be imposed.”; cf. 1891, Art. 105: “No expenditure shall be made from the National Treasury for which Congress has not expressly appropriated a sum in the annual budget …”; cf. 1891, Art. 106: “Offices collecting national contributions and offices making payments shall always remain separate …”).

POW-EXE—Ejecutivo [Executive]:

The Constitución de 1893 [Constitution of 1893] assigned the Administración general de la Nación [General Administration of the Nation], insofar as it was not conferred upon another authority, to the Ejecutivo Nacional [National Executive], exercised by the Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela] in union with the Ministros del Despacho [Ministers of State] and the Consejo de Gobierno [Council of Government] in the powers conferred upon it by the Constitución [Constitution] (Art. 60; cf. 1891, Art. 86: “The National Executive is exercised by the Federal Council, the President of the United States of Venezuela or the person acting in his stead, in union with the Ministers of State, who are its organs.”). funciones ejecutivas [executive functions] could not be exercised outside the Distrito Federal [Federal District], except in the constitutional circumstance of the temporary transfer of the Poder General [General Power]; when the Presidente [President] assumed command of the Ejército [Army] or left the Distrito Federal [Federal District] in exercise of the constitutional power, he was replaced by the presiding member of the Consejo de Gobierno [Council of Government] (Arts. 61–62; cf. 1891, Art. 87: “The functions of the National Executive may not be exercised outside the Federal District, except in the case provided in number 5, attribution 10, Article 66 of the Constitution. When the President, with the approval of the Council, assumes command of the Army or leaves the District because matters of public interest so require, he may exercise no other functions and shall be replaced by the Federal Council pursuant to Article 62 of this Constitution.”).

The Presidente [President] was elected by the citizens of the Estados [States] and the Distrito Federal [Federal District] through direct and secret voting; he had to be Venezuelan by birth and at least thirty years of age (Art. 63; cf. 1891, Art. 62: “The Federal Council elects from among its members the President of the United States of Venezuela and, in the same manner, the person who shall replace him upon temporary or absolute vacancies occurring during his term.”; cf. 1891, paragraph to Art. 86: “To be President of the United States of Venezuela, a person must be Venezuelan by birth.”). The Cámaras [Chambers] assembled as Congreso [Congress] conducted the scrutiny; the Constitución [Constitution] regulated missing returns, the absence of an absolute majority, the failure of Congreso [Congress] to organize, and the subsidiary intervention of the Alta Corte Federal [High Federal Court] (Arts. 64–69; new).

Temporary or absolute vacancies in the Presidencia [Presidency] were filled by the presiding member of the Consejo de Gobierno [Council of Government]; if an absolute vacancy occurred during the first two years of the term, elections were to be called to complete the remainder. The presidential term ran for four years from 20 February; the Presidente [President] was ineligible for the immediately succeeding term, a restriction also applicable to any person who had exercised the Presidencia [Presidency] during the last year of the prior term and to relatives specified by the Constitución [Constitution]. His salary could not be altered during the term, and the Presidente [President] was answerable for treason against the Nación [Nation], violation of the Constitución [Constitution] or laws, and common crimes (Arts. 70–75; cf. 1891, Arts. 62–63: “The members of the Federal Council serve two years, as does the President of the United States of Venezuela.”).

The Presidente [President] directly exercised the powers enumerated in Article 76; with the consultative vote of the Consejo de Gobierno [Council of Government], those in Article 77; and, after a deliberative vote of that Consejo [Council], those in Article 78. They included execution of the laws and decrees of Congreso [Congress]; appointment and removal of Ministros [Ministers] and officers; administration of the Distrito Federal [Federal District], terrenos baldíos [public lands], mines, and saltworks; negotiation of loans; supervision of revenues; executive regulation of the laws; external defense; extraordinary convocation of Congreso [Congress]; diplomatic relations; war; organization and direction of the national force; pardons; restoration of constitutional order; termination of armed collisions among Estados [States]; contracts of national interest; and exclusion of foreigners prejudicial to public order (Arts. 76–78; cf. 1891, Arts. 65–66: “The following are powers of the President of the United States of Venezuela:”; “Apart from the preceding powers, which belong exclusively to the President of the United States of Venezuela, he shall exercise the following with the deliberative vote of the Federal Council:”).

The Consejo de Gobierno [Council of Government] consisted of nine principal Vocales [Members] and their suplentes [substitutes], elected by Congreso [Congress] for the same four-year term as the Presidencia [Presidency]. Its members had to possess the qualifications required of the Presidente [President]; the Consejo [Council] elected its own officers, deliberated with the attendance of at least two thirds of its members, and exercised the consultative, deliberative, administrative, and fiscal functions established by the Constitución [Constitution]. The Consejeros [Councillors] were answerable for treason against the Nación [Nation], bribery, violation of the Constitución [Constitution] or laws, and common crimes (Arts. 79–89; cf. 1891, Arts. 61–64: “There shall be a Federal Council composed of one Senator and one Deputy from each of the political entities, and one additional Deputy for the Federal District.”).

The Presidente [President] had for the conduct of business the Ministros [Ministers] prescribed by law. Ministros [Ministers] had to be at least twenty-five years of age and Venezuelan by birth; they constituted the Consejo de Ministros [Council of Ministers] for matters within its competence and were the legal, sole, and necessary organs of the Presidente [President], whose acts were without effect absent the corresponding ministerial countersignature. They were required to conform their acts to the Constitución [Constitution] and laws, render accounts and reports to the Cámaras [Chambers], present the budget and general account, and answer in the cases enumerated by the Constitución [Constitution] (Arts. 90–99; cf. 1891, Arts. 67–75: “The President of the United States of Venezuela shall have for the conduct of business the Ministers prescribed by law.”).

POW-JUD—Poder Judicial [Judicial Power]:

The Constitución de 1893 [Constitution of 1893] vested the Poder Judicial de los Estados Unidos de Venezuela [Judicial Power of the United States of Venezuela] in the Alta Corte Federal [High Federal Court], the Corte de Casación [Court of Cassation], and the other Tribunales y Juzgados [Tribunals and Courts] established by law. Judicial officers were answerable in the cases determined by law and for treason against the Nación [Nation], bribery, violation of the Constitución [Constitution] or laws, and common crimes (Arts. 100–101; cf. 1891, Arts. 76–85 and 111: “The law shall create and designate such other national tribunals as may be necessary.”).

The Alta Corte Federal [High Federal Court] consisted of nine Vocales [Members], each with a substitute. A Vocal [Member] had to be Venezuelan by birth and at least thirty years of age. Each Asamblea Legislativa [Legislative Assembly] transmitted to Congreso [Congress] a nonaria [list of nine nominees] selected from outside its membership, from which Congreso [Congress] elected the corresponding principal Vocal [Member] and substitute; the Constitución [Constitution] regulated replacements, increases or decreases in the number of Estados [States], election every six years, and incompatibility with offices filled by executive appointment (Arts. 102–109; cf. 1891, Arts. 76–79: “The High Federal Court shall be composed of as many Members as there are States of the Federation.”).

The Alta Corte Federal [High Federal Court] heard accusations and proceedings against the person charged with the Presidencia [Presidency], the Consejeros [Councillors], the Ministros [Ministers], and members of both Cortes [Courts]; proceedings involving diplomatic officers and agents; civil proceedings against the Nación [Nation]; political or jurisdictional controversies among officers of different Estados [States]; conflicts of laws; the nullity of national or district acts emanating from usurped authority or from decisions obtained by force; prize causes; controversies arising from contracts concluded by the Presidente [President]; and the presidential scrutiny in the prescribed circumstances (Art. 110; cf. 1891, Art. 80: “The following matters fall within the competence of the High Federal Court:”).

The Corte de Casación [Court of Cassation] was a tribunal of the Estados [States] and consisted of nine Vocales [Members] serving six-year terms. Its Vocales [Members] had to be attorneys of the República [Republic] with six years of practice, Venezuelan by birth, and over thirty years of age; each Asamblea Legislativa [Legislative Assembly] elected one principal, one substitute, and a senaria [list of six nominees] for replacements. The Corte [Court] heard proceedings against senior Estado [State] officers, the nullity of Estado [State] acts emanating from usurped authority or from decisions obtained by force, the recurso de casación [appeal in cassation], and jurisdictional disputes, and reported to Congreso [Congress] on impediments to legislative uniformity (Arts. 111–115; cf. 1891, Arts. 81–85: “The Court of Cassation referred to in paragraph 20, Article 13, of this Constitution is a Tribunal of the States; it shall be composed of as many Members as there are States of the Federation, and they shall serve four years.”).

POW-SUB—Gobierno subnacional [Subnational Government]:

The Constitución de 1893 [Constitution of 1893] declared the Estados [States] composing the Unión Venezolana [Venezuelan Union] autonomous and equal as political entities (Art. 13; cf. 1891, Art. 12: “The States composing the Venezuelan Federation reciprocally recognize their respective autonomies, declare themselves equal as political entities, and retain in full the sovereignty not expressly delegated by this Constitution.”).

The Constitución [Constitution] required the Estados [States] to organize according to the principles of popular, elective, federal, representative, alternative, and responsible government (Art. 13, no. 1; cont. 1891, Art. 13, no. 1).

The Constitución [Constitution] required the Estados [States] to recognize in their respective constitutions the autonomía [autonomy] of the Municipio [Municipality] and its independence from the political power of the Estado [State] in all matters concerning its economic and administrative order (Art. 13, no. 2; cf. 1891, Art. 13, no. 2: “To establish the fundamental rules of their internal order and government in complete conformity with the principles of this Constitution.”).

The Constitución [Constitution] required the Estados [States] to defend themselves against all violence injuring their independence or the integrity of the Nación [Nation] (Art. 13, no. 3; cf. 1891, Art. 13, no. 3: “To defend themselves against all violence injuring sectional independence or the integrity of the Venezuelan Federation.”).

The Constitución [Constitution] required the Estados [States] neither to alienate any part of their territory to a foreign Power, nor implore its protection, nor establish or cultivate political relations with other nations (Art. 13, no. 4; cf. 1891, Art. 13, no. 4: “Neither to alienate any part of their territory to a foreign Power, nor implore its protection, nor establish or cultivate political or diplomatic relations with other nations, the latter being reserved to the Federal Power.”).

The Constitución [Constitution] required the Estados [States] neither to incorporate or ally themselves with another nation nor separate from Venezuela in diminution of its nationality or territory (Art. 13, no. 5; cont. 1891, Art. 13, no. 5).

The Constitución [Constitution] required the Estados [States] to cede to the Nación [Nation], for the Distrito Federal [Federal District], unpopulated land not exceeding one hundred square kilometers upon which the capital city of the Unión [Union] would be built; in the interim, the Distrito Federal [Federal District] comprised the city of Caracas and its outlying parishes of El Recreo, El Valle, La Vega, Antímano, Macarao, and Macuto (Art. 13, no. 6; cf. 1891, Art. 13, no. 6: “To cede to the Nation the land required for the Federal District.”).

The Constitución [Constitution] required the Estados [States] to cede to the Gobierno de la Nación [Government of the Nation] the territory necessary to erect forts, warehouses, shipyards, and other buildings indispensable to the Administración General [General Administration] (Art. 13, no. 7; cf. 1891, Art. 13, no. 7: “To cede to the Government of the Federation the territory necessary to erect forts, warehouses, shipyards, penitentiaries, and other buildings indispensable to the General Administration.”).

The Constitución [Constitution] required the Estados [States] to leave to the Gobierno de la Unión [Government of the Union] the unrestricted administration of the Territorios [Territories] of Colón and Amazonas, and provided that the Territorios [Territories] of Delta and Goagira would be reincorporated into the Estados [States] to which they had belonged before their erection as Territorios [Territories] (Art. 13, no. 8; cf. 1891, Art. 13, no. 8: “To leave to the Government of the Federation the administration of the territories of ‘Amazonas’ and ‘Goagira’ and of the islands belonging to the Nation until it becomes expedient to elevate them to another status.”).

The Constitución [Constitution] required the Estados [States] to reserve to the Poder General [General Power] all legislative and executive jurisdiction concerning maritime, coastal, and river navigation and national roads (Art. 13, no. 9; cont. 1891, Art. 13, no. 9).

The Constitución [Constitution] required the Estados [States] not to restrict by taxation the navigation of rivers and other navigable waters that had not required artificial canalization (Art. 13, no. 10; new).

The Constitución [Constitution] required the Estados [States] not to subject to contributions, before being offered for consumption, products or articles burdened by national taxes or exempted from taxation by law (Art. 13, no. 11; cont. 1891, Art. 13, no. 10).

The Constitución [Constitution] required the Estados [States] not to impose contributions upon livestock, goods, or merchandise of any kind in transit to another Estado [State] (Art. 13, no. 12; cont. 1891, Art. 13, no. 11).

The Constitución [Constitution] required the Estados [States] neither to prohibit consumption of the livestock, articles, and other products of other Estados [States] nor burden their consumption with taxes greater or lesser than those paid by their local equivalents (Art. 13, no. 13; cf. 1891, Art. 13, no. 12: “Neither to prohibit consumption of the products of other States nor burden foreign production with general or municipal taxes greater than those paid by locally produced goods.”).

The Constitución [Constitution] required the Estados [States] not to establish Aduanas [Customs Houses] for the collection of import duties, since only national Aduanas [Customs Houses] would exist (Art. 13, no. 14; cf. 1891, Art. 13, no. 13: “Not to establish maritime or inland Customs Houses for the collection of taxes, since there shall be only national Customs Houses.”).

The Constitución [Constitution] required the Estados [States] to reserve to each Estado [State] the right to dispose of its natural products (Art. 13, no. 15; cont. 1891, Art. 13, no. 14).

The Constitución [Constitution] required the Estados [States] to cede to the Gobierno de la Unión [Government of the Union] the administration of mines, saltworks, and terrenos baldíos [public lands] for the purposes expressed in the article (Art. 13, no. 16; cf. 1891, Art. 13, no. 15: “To cede to the Government of the Federation the administration of mines, public lands, and saltworks, so that the former may be governed by a uniform system of exploitation and the latter applied for the benefit of the peoples.”).

The Constitución [Constitution] required the Estados [States] to respect the properties, parks, and castles of the Nación [Nation] (Art. 13, no. 17; cont. 1891, Art. 13, no. 16).

The Constitución [Constitution] required the Estados [States] to comply with and ensure compliance with and execution of the Constitución y leyes de la Unión [Constitution and laws of the Union] and the decrees and orders issued by the Poderes nacionales [national Powers] in exercise of their lawful attributes and powers (Art. 13, no. 18; cf. 1891, Art. 13, no. 17: “To comply with and ensure compliance with and execution of the Constitution and laws of the Federation, and the decrees and orders issued by the Federal Power and the Tribunals and Courts of the Federation in exercise of their lawful attributes and powers.”).

The Constitución [Constitution] required the Estados [States] to accord full faith to, and ensure compliance with and execution of, the public acts and judicial proceedings of the other Estados [States] (Art. 13, no. 19; cont. 1891, Art. 13, no. 18).

The Constitución [Constitution] required the Estados [States] to organize their Tribunales y Juzgados [Tribunals and Courts] for the fullest administration of justice and to maintain uniform substantive civil, commercial, and criminal legislation and uniform laws of civil and criminal procedure (Art. 13, no. 20; cf. 1891, Art. 13, no. 19: “To organize their Tribunals and Courts for the administration of justice in the State, and to maintain for all of them uniform substantive civil and criminal legislation and uniform laws of civil and criminal procedure.”).

The Constitución [Constitution] required the Estados [States], through the Asamblea Legislativa [Legislative Assembly], to transmit to Congreso [Congress] the corresponding list for principal and substitute Vocales [Members] of the Alta Corte Federal [High Federal Court], and to elect Vocales [Members] of the Corte de Casación [Court of Cassation] (Art. 13, no. 21; cf. 1891, Art. 13, no. 20: “To present Members for the Court of Cassation and submit to the decisions of this Supreme Tribunal of the States.”).

The Constitución [Constitution] required the Estados [States] to submit to the decisions of the Corte de Casación [Court of Cassation] as Supremo Tribunal de los Estados [Supreme Tribunal of the States] (Art. 13, no. 22; cf. 1891, Art. 13, no. 20: “To present Members for the Court of Cassation and submit to the decisions of this Supreme Tribunal of the States.”).

The Constitución [Constitution] required the Estados [States] to inscribe extradition as a political principle in their respective constitutions (Art. 13, no. 23; cf. 1891, Art. 13, no. 21: “To inscribe criminal extradition as a political principle in their respective Constitutions.”).

The Constitución [Constitution] required the Estados [States] to establish direct and secret suffrage in popular elections (Art. 13, no. 24; cf. 1891, Art. 13, no. 22: “To establish direct and public suffrage in popular elections, render it obligatory, and secure it through the electoral census.”).

The Constitución [Constitution] did not reproduce the prohibition upon the Estados [States] assigning duties to national officers except in their capacity as citizens of the Estado [State] and insofar as those duties were compatible with national public service (cf. 1891, Art. 13, no. 25: “Not to impose duties upon national officers except in their capacity as citizens of the State and insofar as those duties are not incompatible with national public service.”).

The Constitución [Constitution] required the Estados [States] to establish primary instruction without charge and as obligatory, and instruction in arts and trades without charge (Art. 13, no. 25; cf. 1891, Art. 13, no. 23: “To establish primary education and education in arts and trades.”).

The Constitución [Constitution] required the Estados [States] to reserve to the Poderes de la Unión [Powers of the Union] the authority to enact the Código de Instrucción Pública Nacional [Code of National Public Instruction] (Art. 13, no. 26; cf. 1891, Art. 13, no. 24: “To reserve to the powers of the Federation the laws and measures necessary for the creation, preservation, and advancement of general schools, colleges, or universities devoted to instruction in the sciences.”).

The Constitución [Constitution] required the Estados [States] to furnish, without arms, the contingent proportionally incumbent upon them to compose the national public force in time of peace, as decreed annually by each Congreso Nacional [National Congress] (Art. 13, no. 27; cf. 1891, Art. 13, no. 26: “To furnish the contingent proportionally incumbent upon them to compose the national public force in time of peace or war.”).

The Constitución [Constitution] required the Estados [States] not to permit enlistments or levies whose object was or could be to assail liberty or independence, or disturb the public order of the Nación [Nation], other Estados [States], or another nation (Art. 13, no. 28; cont. 1891, Art. 13, no. 27).

The Constitución [Constitution] required the Estados [States] neither to declare nor wage war against another Estado [State] under any circumstance, and to maintain strict neutrality in all disputes arising among other Estados [States] (Art. 13, no. 29; cf. 1891, Art. 13, nos. 28–29: “To maintain strict neutrality in disputes arising in other States”; “Neither to declare nor wage war under any circumstance by one State against another.”).

The Constitución [Constitution] required the Estados [States] to defer and submit to the decision of the Alta Corte Federal [High Federal Court] every controversy arising between two or more Estados [States] when they could not by themselves and through peaceful means arrive at a settlement (Art. 13, no. 30; cf. 1891, Art. 13, no. 30: “To defer and submit to the decision of Congress or the High Federal Court every controversy arising between two or more States when they cannot by themselves and through peaceful means arrive at a settlement.”).

The Constitución [Constitution] required the Estados [States] to recognize the competence of the Corte de Casación [Court of Cassation] to hear proceedings instituted for treason against the Nación [Nation] or violation of the Constitución y leyes de la Unión [Constitution and laws of the Union] against those exercising the highest executive authority within the Estados [States] (Art. 13, no. 31; cf. 1891, Art. 13, no. 31: “To recognize the competence of Congress and the Court of Cassation to hear proceedings instituted for treason against the Nation or violation of the Constitution and laws of the Federation against those exercising executive authority within the States.”).

The Constitución [Constitution] required the Estados [States] to receive as their own revenue the total produced in all Aduanas [Customs Houses] of the República [Republic] by the tax collected as a transit contribution and the total produced by mines, terrenos baldíos [public lands], and saltworks administered by the Poder Federal [Federal Power] (Art. 13, no. 32; cf. 1891, Art. 13, no. 32: “To receive as the States’ own revenue two thirds of the total produced in all Customs Houses of the Republic by the tax collected as a transit contribution, and two thirds of the revenue produced by mines, public lands, and saltworks administered by the Federal Power.”).

The Constitución [Constitution] required that revenue to be distributed fortnightly among all Estados [States] of the Federación [Federation] in proportion to their respective populations (Art. 13, no. 33; cf. 1891, Art. 13, no. 32: “and to distribute that revenue among all States of the Federation in proportion to their respective populations.”).

The Constitución [Constitution] provided that, if one or more of the taxes referred to in Article 13, no. 32 were abolished or reduced by law, Congreso [Congress] would establish the manner of returning to the Estados [States] the portion of revenue thereby eliminated (Art. 13, no. 34; new).

The Constitución [Constitution] required the Estados [States] to keep away from their borders persons who sought asylum in an Estado [State] for political reasons whenever the interested Estado [State] so requested (Art. 13, no. 35; cont. 1891, Art. 13, no. 34).

The Constitución [Constitution] required the Estados [States] neither to coin money, nor issue paper money, nor make anything other than gold or silver coin valid for the payment of debts (Art. 13, no. 36; new).

All matters not expressly attributed to the Administración general de la Nación [General Administration of the Nation] fell within the competence of the Estados [States] (Art. 116; cont. 1891, Art. 88).

The Constitución [Constitution] declared the Tribunales de Justicia [Tribunals of Justice] in the Estados [States] independent and provided that proceedings initiated therein would terminate within the same Estados [States], subject only to review by the Corte de Casación [Court of Cassation] in the cases permitted by law (Art. 121; cont. 1891, Art. 89).

The Constitución [Constitution] provided that every act of the Cámaras Legislativas [Legislative Chambers] or the Ejecutivo Nacional [National Executive] violating the rights guaranteed to the Estados [States] or assailing their autonomía [autonomy] had to be declared void by the Alta Corte Federal [High Federal Court], even if the declaration of nullity was requested by only one Asamblea Legislativa estatal [State Legislative Assembly] (Art. 123; cf. 1891, Art. 90: “Every act of Congress or the National Executive that violates the rights guaranteed to the States by this Constitution or assails their independence shall be declared void by the High Court whenever a majority of the Legislatures so requests.”).

The Constitución [Constitution] provided that the Gobierno Nacional [National Government] would have no resident officers exercising jurisdiction or authority within the Estados [States] other than the Estados [States]’ own officers, subject to the exceptions enumerated in Article 131 (Art. 131; cf. 1891, Art. 97: “The Government of the Federation shall have no resident officers exercising jurisdiction or authority within the States other than the States’ own officers.”).

The Constitución [Constitution] provided that the Gobierno Nacional [National Government] could station neither forces nor commanders exercising command within an Estado [State] without the permission of the government of the Estado [State] in which the force was to be stationed (Art. 134; cont. 1891, Art. 98).

The Constitución [Constitution] declared that the Nación [Nation] and the Estados [States] would promote the immigration and colonization of foreigners in conformity with their respective laws (Art. 146; cont. 1891, Art. 114).

The Constitución [Constitution] required all public acts and official documents of the Nación [Nation] and the Estados [States] to cite the date of Independencia [Independence] from 5 July 1811 and that of the Federación [Federation] from 20 February 1859 (Art. 158; cf. 1891, Art. 119: “In all public acts and official documents, the date of the Federation shall be cited from 20 February 1859, and that of the Law from 28 March 1864.”).

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

The Constitución de 1893 [Constitution of 1893] permitted amendments and additions but prohibited the Congreso Nacional [National Congress] from decreeing them outside ordinary sessions or without the request of three quarters of the Asambleas Legislativas estatales [State Legislative Assemblies], likewise assembled in ordinary sessions. It also prohibited their entry into force before renewal of the Poderes Públicos de la Nación [Public Powers of the Nation] that had requested or enacted them (Art. 151; cf. 1891, Art. 118: “This Constitution may be amended by the National Legislature if the Legislatures of the States should so request; but the amendment shall never extend beyond the points upon which a majority of the States concur.”).

Amendments or additions had to proceed under the procedure established for the enactment of laws. Once adopted by the Legislatura Nacional [National Legislature], the Presidente del Congreso [President of Congress] had to submit them to the Asambleas Legislativas estatales [State Legislative Assemblies] for definitive ratification (Arts. 152–153; cf. 1891, Art. 118: “but in this second case, the adopted amendment shall be submitted to the Legislatures of the States and shall be enacted as to the point or points ratified by a majority of them.”).

Congreso [Congress] could initiate amendments or additions and adopt them under the same procedure, but they were not deemed enacted without ratification by three quarters of the Asambleas Legislativas estatales [State Legislative Assemblies] (Art. 154; cf. 1891, Art. 118: “an amendment may also be made upon one or more points when two thirds of the members of the National Legislature, acting separately and according to the procedure established for the enactment of laws, so resolve.”).

Irrespective of the initiating organ, the definitive vote of the Estados [States] had to return to the Congreso Nacional [National Congress], which was charged with scrutinizing it and ordering promulgation of the enacted amendment or addition (Art. 155; new).

CIV-SUF—Sufragio [Suffrage]:

The Constitución de 1893 [Constitution of 1893] guaranteed freedom of suffrage, subject to attainment of twenty-one years of age and to interdiction declared by a final judgment of the competent Tribunales [Tribunals] (Art. 14, no. 11; cf. 1891, Art. 14, no. 11: “Freedom of suffrage in popular elections, subject to no restriction other than minority under eighteen years of age.”).

The Constitución [Constitution] required the Estados [States] to establish direct and secret suffrage in popular elections (Art. 13, no. 24; cf. 1891, Art. 13, no. 22: “To establish direct and public suffrage in popular elections, render it obligatory, and secure it through the electoral census.”). Principal and substitute Diputados [Deputies] were popularly elected under that rule; the Asambleas Legislativas [Legislative Assemblies] elected the Senadores [Senators]; and the citizens of the Estados [States] and the Distrito Federal [Federal District] elected the Presidente [President] by direct and secret voting (Arts. 22, 26, and 63; cf. 1891, Arts. 20, 25, and 62: “To constitute the Chamber of Deputies, each State shall appoint by popular election, in conformity with paragraph 22 of Article 13 of this Constitution”; “To constitute this Chamber, each State, through its respective Legislature, shall elect three principal Senators”; “The Federal Council elects from among its members the President of the United States of Venezuela.”).

During electoral periods, the fuerza pública nacional o la de los Estados [national or State public force] was required to remain confined to barracks throughout the period of popular elections (Art. 140; cf. 1891, Art. 108: “During electoral periods, the national or State public force shall remain strictly confined to barracks throughout the period of popular elections.”).

CIV-CIT—Ciudadanía [Citizenship]:

The Constitución de 1893 [Constitution of 1893] distinguished Venezuelans by birth from Venezuelans by naturalization. Venezuelans by birth included persons born within the territory, irrespective of their parents’ nationality; specified children born abroad to a father or mother who was Venezuelan by birth; and legitimate children born abroad or at sea to a Venezuelan father exercising a diplomatic mission or attached to a Legación de la República [Legation of the Republic]. Venezuelans by naturalization included specified children born outside the country to naturalized Venezuelans; persons born in the Repúblicas hispanoamericanas [Spanish-American Republics] or the Antillas españolas [Spanish Antilles] who established residence and manifested their will to become Venezuelan; and foreigners who obtained a carta de naturaleza o de ciudadanía [letter of naturalization or citizenship] pursuant to law (Art. 5; cf. 1891, Art. 5: “The following are Venezuelans:”).

Male Venezuelans over twenty-one years of age were eligible for office, subject to the exceptions expressed in the Constitución [Constitution]. All Venezuelans were bound to serve the Nación [Nation] according to law, even to the sacrifice of their property and lives when necessary for its defense. In every Estado [State] and in the Distrito Federal [Federal District], they enjoyed the same rights and were subject to the same duties as native-born domiciled inhabitants (Arts. 6–8; cf. 1891, Arts. 7–9: “Male Venezuelans over twenty-one years of age are eligible for office, subject only to the exceptions contained in this Constitution.”).

Foreigners enjoyed the same civil rights as nationals and could exercise them, in substance, form, procedure, and remedies, upon the same terms. The Nación [Nation] recognized no obligations or liabilities in their favor other than those established for nationals in like cases; the Gobierno [Government] would conclude no treaties derogating from those principles, and the law would determine the rights and duties of foreigners not domiciled in the country (Arts. 9–12; cf. 1891, Arts. 10–11: “Foreigners shall enjoy the same civil rights as Venezuelans.”).

RTS-GAR—Derechos [Rights]:

The Constitución de 1893 [Constitution of 1893] guaranteed Venezuelans the effective enjoyment of the rights enumerated in Article 14 (Art. 14; cf. 1891, Art. 14: “The Nation guarantees Venezuelans:”).

The Constitución [Constitution] guaranteed the inviolability of life and abolished capital punishment, irrespective of the law prescribing it (Art. 14, no. 1; cont. 1891, Art. 14, no. 1).

The Constitución [Constitution] guaranteed property with all its franchises, rights, and privileges, subject only to legislatively imposed contributions and to appropriation for works of public utility after indemnification and adversarial proceedings (Art. 14, no. 2; cf. 1891, Art. 14, no. 2: “Property with all its attributes, franchises, and privileges; it shall be subject only to contributions decreed by the legislative authority, to judicial decision, and to appropriation for public works after indemnification and adversarial proceedings.”).

The Constitución [Constitution] guaranteed the inviolability of correspondence and other private papers, which could be seized only by order of the competent judicial authority and with the formalities of law, while the secrecy of domestic and private matters was invariably preserved (Art. 14, no. 3; cf. 1891, Art. 14, no. 3: “The inviolability and secrecy of correspondence and other private papers.”).

The Constitución [Constitution] guaranteed the inviolability of the domestic home, which could be entered only to prevent the commission of a crime and in conformity with law (Art. 14, no. 4; cont. 1891, Art. 14, no. 4).

The Constitución [Constitution] guaranteed personal liberty, abolished forced recruitment for military service, perpetually proscribed slavery, declared free any slaves who entered Venezuelan territory, recognized the right of every person to do or perform whatever did not injure another, and provided that no person was bound to do what the law did not command or prevented from doing what it did not prohibit (Art. 14, no. 5; cf. 1891, Art. 14, no. 5: “Personal liberty, and by virtue thereof: 1. Forced recruitment for military service is abolished; 2. Slavery is perpetually proscribed; 3. Slaves who enter the territory of Venezuela are free; and 4. No person is bound to do what the law does not command or prevented from doing what it does not prohibit.”).

The Constitución [Constitution] guaranteed the free expression of thought orally or through the press, preserved to the injured party, in cases of calumny or insult, recourse before the competent Tribunales de Justicia [Tribunals of Justice], and prohibited the arrest or imprisonment of the accused before the condemnatory judgment of a competent tribunal (Art. 14, no. 6; cf. 1891, Art. 14, no. 6: “Freedom of thought expressed orally or through the press, the latter without any restriction subjecting it to prior censorship. In cases of calumny, insult, or injury to a third party, the injured party retains recourse before the competent Tribunals of Justice in conformity with the general laws.”).

The Constitución [Constitution] guaranteed freedom to travel without a passport, change domicile in conformity with legal formalities, leave the República [Republic], and return to it, taking one’s property abroad and bringing it back (Art. 14, no. 7; cont. 1891, Art. 14, no. 7).

The Constitución [Constitution] guaranteed freedom of industry and, consequently, ownership of discoveries and productions, with the laws granting proprietors a temporary privilege or prescribing the manner of indemnification should they agree to publication (Art. 14, no. 8; cont. 1891, Art. 14, no. 8).

The Constitución [Constitution] guaranteed freedom of unarmed assembly and association, publicly or privately, without any act of inspection or coercion by the authorities (Art. 14, no. 9; cont. 1891, Art. 14, no. 9).

The Constitución [Constitution] guaranteed freedom of petition, with the right to obtain a determination from any officer, authority, or corporation; when a petition was submitted by several persons, the first five were answerable for the authenticity of the signatures and all for the truth of the facts (Art. 14, no. 10; cont. 1891, Art. 14, no. 10).

The Constitución [Constitution] guaranteed freedom of suffrage, subject to no restriction other than minority under twenty-one years of age and interdiction declared by a final judgment of the competent Tribunales [Tribunals] (Art. 14, no. 11; cf. 1891, Art. 14, no. 11: “Freedom of suffrage in popular elections, subject to no restriction other than minority under eighteen years of age.”).

The Constitución [Constitution] guaranteed freedom of instruction in its full extent and required the Poder Público [Public Power] to establish primary education and instruction in arts and trades without charge (Art. 14, no. 12; cont. 1891, Art. 14, no. 12).

The Constitución [Constitution] guaranteed religious freedom (Art. 14, no. 13; cont. 1891, Art. 14, no. 13).

The Constitución [Constitution] guaranteed individual security and prescribed the guarantees expressed in Article 14, no. 14, including limitations upon imprisonment for debt, quartering of military personnel, special tribunals or commissions, arrest or imprisonment, incommunicado detention, oaths or examination against oneself in criminal proceedings, criminal conviction without lawful hearing, continued imprisonment once its grounds had ceased to exist, corporal punishment exceeding ten years, deprivation of liberty for political causes, double jeopardy, torture, and infamous punishments (Art. 14, no. 14; cf. 1891, Art. 14, no. 14: “Individual security, and by virtue thereof:”).

The Constitución [Constitution] guaranteed equality, by virtue of which all persons were to be judged under the same laws and subjected to equal duties, services, and contributions; titles of nobility, hereditary honors and distinctions, and offices whose salaries or emoluments continued beyond service were prohibited; and officers and magistrates received no form of address other than ciudadano [citizen] and usted [you] (Art. 14, no. 15; cf. 1891, Art. 14, no. 15: “Equality, by virtue of which:”).

The Constitución [Constitution] provided that the preceding enumeration did not restrict the power of the Estados [States] to accord their inhabitants other rights (Art. 15; cf. 1891, Art. 15: “The present enumeration does not restrict the power of the States to accord their inhabitants other guarantees.”).

The Constitución [Constitution] declared culpable those who issued, signed, executed, or ordered the execution of decrees, orders, or resolutions violating any right guaranteed to Venezuelans; rendered them punishable according to law; authorized every ciudadano [citizen] to accuse them; and fixed a five-year limitation period for actions against them (Art. 16; cf. 1891, Art. 17: “Those who issue, sign, execute, or order the execution of decrees, orders, or resolutions that violate or infringe any of the guarantees accorded to Venezuelans are culpable and shall be punished as prescribed by law. Every citizen is competent to accuse them.”).

The Constitución [Constitution] provided that the rights recognized and consecrated in the preceding articles would not be diminished or injured by laws regulating their exercise and that laws producing either effect would be deemed unconstitutional and without effect (Art. 17; new).

REG-MIL—La fuerza armada [Armed Force]:

The Constitución de 1893 [Constitution of 1893] provided that the national public force was divided into naval and land forces and consisted of milicias ciudadanas [citizen militias] organized by the Estados [States] pursuant to their laws (Art. 125; cont. 1891, Art. 91).

The Constitución [Constitution] provided that the public force placed at the charge of the Poder Nacional [National Power] would consist of a contingent, proportioned to population, furnished by each Estado [State] through the call to service of citizens required to render it under their internal laws (Art. 126; cont. 1891, Art. 92).

The Constitución [Constitution] provided that in case of war the contingent could be augmented by bodies of the milicia ciudadana [citizen militia] up to the number of men necessary to satisfy “the requisition of the National Government” (Art. 127; cf. 1891, Art. 93: “In case of war, the contingent may be augmented by bodies of the citizen militia up to the number of men necessary to satisfy the national requisition.”).

The Constitución [Constitution] provided that the Gobierno Nacional [National Government] could replace the commanders of the forces furnished by the Estados [States] in the cases and with the formalities prescribed by national military law, whereupon replacements were requested from the Estados [States] (Art. 128; cont. 1891, Art. 94).

The Constitución [Constitution] provided that military and civil authority could never be exercised simultaneously by the same person or corporation (Art. 129; cf. 1891, Art. 95: “Military and civil authority shall never be exercised by the same person or corporation.”).

The Constitución [Constitution] provided that all instruments of war existing within the territory of the República [Republic] upon its promulgation belonged to the Gobierno Nacional [National Government] (Art. 132; cf. 1891, Art. 97: “All instruments of war now existing belong to the National Government …”).

The Constitución [Constitution] provided that the Estados [States] had the right to acquire the armament necessary for their militias and the instruments of war necessary for their internal security, and could import them free of all import duties upon compliance in each case with the formalities of the Código Militar [Military Code] and the applicable ley de Hacienda [public-finance law] (Art. 133; cf. 1891, Art. 97: “… without this being understood to prohibit the States from acquiring those required for their internal defense.”).

The Constitución [Constitution] provided that the Gobierno Nacional [National Government] could station neither forces nor commanders exercising command in any Estado [State], whether of the same or another Estado [State], without the permission of the government of the Estado [State] in which the force was to be stationed (Art. 134; cont. 1891, Art. 98).

The Constitución [Constitution] provided that, during electoral periods, the fuerza pública nacional o la de los Estados [national or State public force] would remain confined to barracks throughout the period of popular elections (Art. 140; cf. 1891, Art. 108: “During electoral periods, the national or State public force shall remain strictly confined to barracks throughout the period of popular elections.”).

The Constitución [Constitution] provided that the armed force could not deliberate, that it was passive and obedient, and that no armed body could make requisitions or demand aid of any kind except from the civil authorities and in the manner and form determined by law; it further provided that commanders who violated that precept would be tried and punished according to law (Art. 145; cf. 1891, Art. 113: “The armed force may not deliberate; it is passive and obedient. No armed body may make requisitions or demand aid of any kind except from the civil authorities and in the manner and form determined by law.”).

REG-REL—Religión [Religion]:

The Constitución de 1893 [Constitution of 1893] recognized the Nación [Nation]’s possession of the derecho de patronato eclesiástico [right of ecclesiastical patronage] and provided that it would exercise that right as prescribed by the governing law (Art. 130; cont. 1891, Art. 96).

The Constitución [Constitution] guaranteed religious freedom among the rights of Venezuelans (Art. 14, no. 13; cont. 1891, Art. 14, no. 13).

CON-FIN—Disposiciones finales [Final Provisions]:

The Constitución de 1893 [Constitution of 1893] provided that the constitutional periods would be reckoned from 20 February 1894 (Art. 156; new).

For all acts in the civil and political life of the Estados [States], the population basis would be that determined by the latest census of the República [Republic] approved by Congreso [Congress] (Art. 157; cf. 1891, Art. 121: “For all acts in the civil and political life of the States of the Federation, their population basis is that determined by the latest census approved by the National Legislature.”).

All public acts and official documents of the Nación [Nation] and the Estados [States] were required to cite the date of Independencia [Independence] from 5 July 1811 and that of the Federación [Federation] from 20 February 1859 (Art. 158; cf. 1891, Art. 119: “in all public acts and official documents, the date of the Federation shall be cited from 20 February 1859, and that of the Law from 28 March 1864.”).

The Constitución [Constitution] would enter into force upon its promulgation in the Distrito Federal [Federal District] and in each Estado [State] of the Unión [Union] (Art. 159; cf. 1891, Art. 119: “This Constitution shall enter into force on the date of its official promulgation in each State.”).

The Asamblea Nacional Constituyente [National Constituent Assembly] would establish by special law the rules for attaining the definitive and strictly constitutional organization of the República [Republic] (Art. 160; new).

The Constitución de 1893 [Constitution of 1893] repealed the Constitución de 16 de abril de 1891 [Constitution of 16 April 1891] (Art. 161; cf. 1891, Art. 122: “The Federal Constitution of 27 April 1881 is repealed.”).

Signed by the members of the Asamblea Constituyente [Constituent Assembly] present in the capital and bearing the cúmplase [executive order of compliance] of the Ejecutivo Nacional [National Executive], the Constitución [Constitution] was to be promulgated immediately in the Distrito Federal [Federal District] and, upon receipt, in the Estados de la Unión [States of the Union] (Art. 162; new).

The Constitución [Constitution] was adopted in the Cámara [Chamber] of the Palacio Legislativo [Legislative Palace] at Caracas, where the Asamblea Nacional Constituyente [National Constituent Assembly] held its sessions, on 12 June 1893, the eighty-third year of Independencia [Independence] and the thirty-fifth of the Federación [Federation]. It was ordered executed and observed at the Palacio Federal [Federal Palace] in Caracas on 21 June 1893 by Presidente [President] Joaquín Crespo and countersigned by his Ministros [Ministers].

Sources of Collation:

• CIDEP, Constitution of 1881.
• CIDEP, Constitution of 1891.
• CIDEP, Constitution of 1893.

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