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Scope and Use

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

19) The Constitution of 1931

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

Fundación Empresas Polar: Pedro Itriago Chacín.

DOC-PRE—Preamble

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

“The Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela], in the name of Almighty God, and in exercise of the authority conferred upon it by Article 126 of the Federal Pact in force, decrees the present Constitution.”

(CIDEP 1931, p. 3, preamble).

FND-TER—Territory

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

National territory comprises the Estados [States], Distrito Federal [Federal District], Territorios Federales [Federal Territories], and Dependencias Federales [Federal Dependencies].  The twenty Estados [States] are Anzoátegui, Apure, Aragua, Bolívar, Carabobo, Cojedes, Falcón, Guárico, Lara, Mérida, Miranda, Monagas, Nueva Esparta, Portuguesa, Sucre, Táchira, Trujillo, Yaracuy, Zamora, and Zulia.  (Arts. 3–4; cont., 1929, Arts. 3–4).

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

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

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

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

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

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

POW-LEG—Congress

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ECO-HAC—Treasury

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

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

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

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

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

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

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

POW-EXE—Executive

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

Federal administration not constitutionally assigned elsewhere belongs to the Poder Ejecutivo Federal [Federal Executive Power], exercised by the Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela] through federal employees and agents, with state assistance where constitutionally permitted.  (Arts. 93–94; cont., 1929, Arts. 93–94).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

POW-JUD—Judiciary

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

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

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

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

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

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

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

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

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

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

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

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

POW-SUB—Subnational Government

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

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

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

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

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

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

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

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

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

CON-AMD—Amending the Constitution

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

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

CIV-SUF—Suffrage

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

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

CIV-CIT—Citizenship

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

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

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

RTS-GAR—Rights

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

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

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

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

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

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

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

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

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

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

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

REG-MIL—The Military

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

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

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

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

REG-REL—Religion

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

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

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

ECO-INF—Infrastructure

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

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

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

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

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

CON-FIN—Final Provisions

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

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

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

Sanctioning Agreement

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

Recension

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

Click to access 1931.pdf

20) The Constitution of 1936

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

Fundación Empresas Polar:  Eleazar López Contreras.

DOC-PRE—Preamble

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

“The Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela], in the name of Almighty God, and in exercise of the authority conferred upon it by Article 126 of the Federal Pact in force, decrees this Constitution.”

(CIDEP 1936, p. 4, preamble).

FND-TER—Territory

The Nación Venezolana [Venezuelan Nation] consists of all Venezuelans in a political pact named the Estados Unidos de Venezuela [United States of Venezuela] and remains permanently and irrevocably free from foreign domination or protection.  National territory comprises Estados [States], the Distrito Federal [Federal District], Territorios Federales [Federal Territories], and Dependencias Federales [Federal Dependencies]; the twenty Estados [States] are Anzoátegui, Apure, Aragua, Bolívar, Carabobo, Cojedes, Falcón, Guárico, Lara, Mérida, Miranda, Monagas, Nueva Esparta, Portuguesa, Sucre, Táchira, Trujillo, Yaracuy, Zamora, and Zulia.  (Arts. 1, 3–4; cont., 1931, Arts. 1, 3–4).

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

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

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

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

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

POW-LEG—Congress

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ECO-HAC—Treasury

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

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

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

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

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

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

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

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

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

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

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

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

POW-EXE—Executive

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

POW-JUD—Judiciary

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

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

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

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

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

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

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

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

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

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

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

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

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

POW-SUB—Subnational Government

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

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

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

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

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

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

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

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

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

CON-AMD—Amending the Constitution

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

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

CIV-SUF—Suffrage

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

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

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

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

CIV-CIT—Citizenship

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

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

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

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

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

RTS-GAR—Rights

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

REG-MIL—The Military

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

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

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

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

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

REG-REL—Religion

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

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

ECO-INF—Infrastructure

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

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

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

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

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

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

CON-FIN—Final Provisions

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

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

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

Sanctioning Agreement

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

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

Recension

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

Click to access 1936.pdf

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