Observations On Perception

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Scope and Use

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

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15).  The Constitution of 1922

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

Historical reference

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

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

Click to access 1922.pdf

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

DOC-PRE—Preamble:

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

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

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

FND-TER—Territory:

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

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

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

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

POW-LEG—Congress:

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

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

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

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

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

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

ECO-TES—Treasury:

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

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

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

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

POW-EXE—Executive:

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

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

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

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

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

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

POW-JUD—Judicial Power:

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

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

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

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

POW-SUB—Subnational Government:

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

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

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

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

CON-AMD—Amendment of the Constitution:

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

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

CIV-SUF—Suffrage:

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

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

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

CIV-CIT—Citizenship:

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

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

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

RTS-GAR—Rights:

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

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

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

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

REG-MIL—The Armed Force:

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

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

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

REG-REL—Religion:

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

ECO-INF—Infrastructure:

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

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

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

CON-FIN—Final Provisions:

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

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

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

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

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16).  The Constitution of 1925

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

DOC-PRE—Preamble:

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

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

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

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

FND-TER—Territory:

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

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

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

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

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

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

POW-LEG—Congress:

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

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

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

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

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

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

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

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

ECO-TES—Treasury:

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

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

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

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

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

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

POW-EXE—Executive:

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

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

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

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

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

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

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

POW-JUD—Judicial Power:

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

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

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

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

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

POW-SUB—Subnational Government:

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

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

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

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

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

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

CON-AMD—Amendment of the Constitution:

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

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

CIV-SUF—Suffrage:

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

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

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

CIV-CIT—Citizenship:

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

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

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

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

RTS-GAR—Rights:

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

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

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

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

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

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

REG-MIL—The Armed Force:

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

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

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

REG-REL—Religion:

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

ECO-INF—Infrastructure:

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

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

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

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

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

CON-FIN—Final Provisions:

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

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

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

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

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

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