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Scope and Use
This entry forms part of the constitutional corpus presented in the Appendix, which gathers the twenty-five constitutions of Venezuela and is arranged for consultation rather than continuous reading. Collation proceeds by means of permanent rubric codes whose identity remains constant throughout the corpus; absent rubrics signify constitutional silence, while withdrawn rubrics are not reassigned. Citations are anchored first in the article number and follow the CIDEP recension linked at the close of the entry. The complete definition of the corpus, its methodology, and its citation convention appear in the Scope and Use note that heads the Constitutions of the Nineteenth Century, opening in the instalment “Unmasking Disillusion: Series XI”: https://observacionessobrelanaturalezade.com/2026/06/15/desenmascarar-la-desilusion-serie-xi/
Translation Convention
Institutional and technical names are given first in italicized Latinate Castilian and followed by their contemporary Latinate English equivalents in brackets. All constitutional quotations appear in italic type between quotation marks and are rendered in contemporary Latinate English, faithfully preserving the substance and distinctions of the original charters. Comparative references are restricted to 1874 against 1864 and 1881 against 1874. The apparatus retains the classifications cont., cf., and new.
Ricardo F. Morín
August 31, 2026
Bala Cynwyd, Pennsylvania
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7). The Constitución de 1874
The Constitución de 1874 [Constitution of 1874], formally the Constitución de los Estados Unidos de Venezuela [Constitution of the United States of Venezuela], was decreed by the Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela] at Caracas on 23 May 1874 and ordered executed by Presidente [President] Antonio Guzmán Blanco on 27 May 1874.
DOC-PRE—Preámbulo [Preamble]
“The Congress of the United States of Venezuela, under the invocation of the Supreme Author and Legislator of the Universe, and by authority of the people of Venezuela, manifested in the petitions addressed to it by the Legislatures of the twenty States composing the Venezuelan Union, requesting the reform of the Constitution of 1864 decreed by the Constituent Assembly of the States, and in conformity with its Article 122; decrees:”
FND-TER—Territorio [Territory]
The Constitución de 1874 [Constitution of 1874] declared that the Estados [States] which the Constitution of March 1864 had declared independent and united to form the Federación Venezolana [Venezuelan Federation], and which were then denominated Apure, Bolívar, Barquisimeto, Barcelona, Carabobo, Cumaná, Cojedes, Falcón, Guzmán Blanco, Guárico, Guayana, Guzmán, Maturín, Nueva Esparta, Portuguesa, Táchira, Trujillo, Yaracuy, Zamora, and Zulia, undertook to continue forming an independent and sovereign Nación [Nation] under the denomination Estados Unidos de Venezuela [United States of Venezuela] (Tít. I, Sec. I, Art. 1; cf. 1864, Tít. I, Sec. I, Art. 1: “The Provinces of Apure, Aragua, Barcelona, Barinas, Barquisimeto, Carabobo, Caracas, Cojedes, Coro, Cumaná, Guárico, Guayana, Maracaibo, Maturín, Mérida, Margarita, Portuguesa, Táchira, Trujillo, and Yaracuy declare themselves independent States and unite to form a free and sovereign Nation under the name ‘UNITED STATES OF VENEZUELA’.”).
The limits of each Estado [State] were those which the Law of 28 April 1856 had assigned to the Provincias [Provinces], that law having fixed the last territorial division (Art. 2; cont. 1864, Tít. I, Sec. I, Art. 2).
The limits of the Estados Unidos [United States] composing the Federación Venezolana [Venezuelan Federation] were those that in 1810 corresponded to the former Capitanía General de Venezuela [Captaincy General of Venezuela] (Art. 3; cont. 1864, Tít. I, Sec. I, Art. 3).
The political entities expressed in Article 1 reserved the faculty of two or more uniting to form a single Estado [State], while always retaining the liberty to recover their character as an Estado [State]; in either case notice was given to the Ejecutivo Nacional [National Executive], the Congreso [Congress], and the other Estados de la Unión [States of the Union] (Art. 4; cont. 1864, Tít. I, Sec. I, Art. 4).
The Estados [States] that had exercised the faculty conferred by the preceding article retained their votes for the Presidencia de los Estados Unidos [Presidency of the United States], the appointment of Senadores [Senators], and the presentation of Vocales [Justices] for the Alta Corte Federal [High Federal Court] (Art. 5; cont. 1864, Tít. I, Sec. I, Art. 5).
POW-LEG—Congreso [Congress]
The Constitución de 1874 [Constitution of 1874] provided that the Legislatura Nacional [National Legislature] comprise two Cámaras [Chambers], one of Senadores [Senators] and the other of Diputados [Deputies] (Tít. IV, Sec. I, Art. 18; cont. 1864, Tít. IV, Sec. I, Art. 18).
The Estados [States] determined the manner of appointing Senadores [Senators] and Diputados [Deputies] (Art. 19; cont. 1864, Art. 19).
Each Estado [State] appointed Diputados [Deputies] by popular election in conformity with Article 13, no. 23, at the ratio of one for every twenty-five thousand inhabitants and one additional Deputy for every excess exceeding twelve thousand, with an equal number of substitutes elected in the same manner (Tít. IV, Sec. II, Art. 20; cf. 1864, Art. 20).
The Diputados [Deputies] served for two years and were renewed in their entirety (Art. 21; cont. 1864, Art. 21).
The Cámara de Diputados [Chamber of Deputies] examined the annual account presented by the Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela], passed votes of censure upon the Ministros del Despacho [Ministers of State], and heard accusations against the person charged with the Ejecutivo Nacional [National Executive], the Ministers and other national employees, and the high public functionaries of the Estados [States], in the cases stated by Article 22 (Art. 22; cf. 1864, Art. 22: “To hear accusations against the person charged with the National Executive for treason against the Fatherland or for common offences, and against the Ministers and other national employees for infringement of the laws and for malperformance of their functions, in conformity with Article 82 of this Constitution.”).
When a Diputado [Deputy], corporation, or individual proposed an accusation, the Cámara [Chamber] appointed, by secret ballot, a commission of three Deputies; the commission delivered its opinion within the third day; and the Chamber decided by an absolute majority of the members present, the accusing Deputy abstaining from the vote (Art. 23; cont. 1864, Art. 23).
The declaration that there was ground to proceed suspended the accused by operation of law and disqualified him from exercising any public office during the trial (Art. 24; cont. 1864, Art. 24).
Each Estado [State] elected two principal Senadores [Senators] and two substitutes to fill vacancies (Tít. IV, Sec. III, Art. 25; cont. 1864, Art. 25).
To be a Senador [Senator], a person was required to be Venezuelan by birth and thirty years of age (Art. 26; cont. 1864, Art. 26).
The Senadores [Senators] served for two years (Art. 27; cf. 1864, Art. 27: “The Senators shall remain in their offices for four years and one half shall be renewed. When for any reason they are appointed in their entirety, one shall be elected for two years.”).
The Senado [Senate] conducted and resolved the trials initiated in the Cámara de Diputados [Chamber of Deputies] (Art. 28; cont. 1864, Art. 28).
If a trial had not concluded during the sessions, the Senado [Senate] remained assembled for that purpose alone until the cause was terminated; in such a case the Senadores [Senators] received no allowances (Art. 29; cont. 1864, Art. 29).
The Legislatura [Legislature] assembled annually in the capital of the Estados Unidos [United States] on 20 February, or on the earliest possible day thereafter, without awaiting convocation; its sessions lasted seventy days and could be prolonged to ninety (Tít. IV, Sec. IV, Art. 30; cont. 1864, Art. 30).
The Cámaras [Chambers] opened their sessions with at least two thirds of their members; in the absence of that number, those present met as a preparatory commission and adopted measures to secure the attendance of the absentees (Art. 31; cont. 1864, Art. 31).
Once the sessions had opened, the Cámaras [Chambers] could continue with two thirds of those who had installed them, provided that the number did not fall below one half of the total membership appointed (Art. 32; cont. 1864, Art. 32).
The Cámaras [Chambers] functioned separately, but assembled as Congreso [Congress] when the Constitución [Constitution] or the law so determined, or when one Chamber judged it necessary; if the invited Chamber concurred, it fixed the day and hour of the meeting (Art. 33; cont. 1864, Art. 33).
The sessions were public, and secret whenever the Cámara [Chamber] so resolved (Art. 34; cont. 1864, Art. 34).
The Cámaras [Chambers] possessed the rights enumerated in Article 35 concerning their rules, discipline, internal police, correction of spectators, removal of obstacles to the exercise of their functions, execution of their exclusive resolutions, qualification of their members, and hearing of resignations (Art. 35; cont. 1864, Art. 35).
Neither Cámara [Chamber] could suspend its sessions or change its seat without the consent of the other; in case of disagreement, the Chambers assembled and the determination of the majority was executed (Art. 36; cont. 1864, Art. 36).
The exercise of any public function was incompatible, during the sessions, with the office of Senador [Senator] or Diputado [Deputy]; the law fixed their indemnities, which could not be increased during the constitutional period in which they were established (Art. 37; cont. 1864, Art. 37).
The Senadores [Senators] and Diputados [Deputies] enjoyed immunity from 20 January of each year until thirty days after the sessions had ended; immunity consisted in the suspension of every proceeding, whatever its origin or nature. When a member committed an act deserving corporal punishment, the investigation continued through the conclusion of the preliminary inquiry and remained in that state for the duration of the immunity (Art. 38; cont. 1864, Art. 38).
The Congreso [Congress] was presided over by the Presidente del Senado [President of the Senate], while the Presidente de la Cámara de Diputados [President of the Chamber of Deputies] served as Vice-President (Art. 39; cont. 1864, Art. 39).
Members of the Cámaras [Chambers] were not responsible for the opinions or speeches they delivered therein (Art. 40; cont. 1864, Art. 40).
The Senadores [Senators] and Diputados [Deputies] could not accept offices or commissions from the Ejecutivo Nacional [National Executive] until one year after the conclusion of the period for which they had been appointed; the offices of Ministros del Despacho [Ministers of State], diplomatic employment, and military commands in time of war were excepted, acceptance of any such office vacating the seat occupied in the Chamber (Art. 41; cont. 1864, Art. 41).
The Senadores [Senators] and Diputados [Deputies] could not enter into contracts with the Gobierno General [General Government] or prosecute the claims of others before it (Art. 42; cont. 1864, Art. 42).
The Legislatura Nacional [National Legislature] possessed the attributions enumerated in Article 43, including the resolution of controversies among the Estados [States]; erection and organization of the Distrito Federal [Federal District]; organization of the Aduanas [Customs Houses], ports, posts, national codes, currency, national symbols, national employments, public debt, loans, census and statistics, Armed Force, war, treaties, public-works contracts, budgets, public prosperity, weights and measures, amnesties, territories, procedures and penalties for trials before the Senado [Senate], population basis for the Diputados [Deputies], admission of foreigners to public service, presidential elections, military retirements and pensions, responsibility of national and State employees, and military ranks or promotions (Art. 43; cf. 1864, Art. 43, no. 14: “To prescribe the rules for the formation and replacement of the forces expressed in the preceding number”; Art. 43, no. 28: “To enact the law governing the responsibility of all national employees.”).
In addition to the preceding enumeration, the Legislatura Nacional [National Legislature] could enact such laws of general character as were necessary (Art. 44; cont. 1864, Art. 44).
Laws and decrees of the Legislatura Nacional [National Legislature] could be initiated by members of either Cámara [Chamber], in the manner prescribed by their rules (Tít. IV, Sec. VI, Art. 45; cont. 1864, Art. 45).
Upon presentation, a bill was considered for admission; once admitted, it received three debates, with an interval of at least one day between each, under the rules established for debate (Art. 46; cont. 1864, Art. 46).
Bills approved in the Cámara [Chamber] in which they had originated passed to the other Chamber for the purposes of Article 46; if not rejected, they were returned to the Chamber of origin with the alterations they had undergone (Art. 47; cont. 1864, Art. 47).
If the Cámara [Chamber] of origin did not accept the alterations, it could insist and transmit its written reasons to the other Chamber; the Chambers could also assemble as Congreso [Congress] and constitute themselves as a general commission to seek agreement, and if none was attained, the bill became void when the Chamber of origin so decided separately (Art. 48; cont. 1864, Art. 48).
When bills passed from one Cámara [Chamber] to the other, the days upon which they had been debated were stated (Art. 49; cont. 1864, Art. 49).
A law reforming another was drafted in its entirety, and the anterior law was repealed in all its parts (Art. 50; cont. 1864, Art. 50).
Laws employed the formula “The Congress of the United States of Venezuela decrees.” (Art. 51; cf. 1864, Art. 51: the formula was “The Congress of the United States of Venezuela. Decree.”).
Bills rejected in one Legislatura [Legislature] could not be presented anew except in another (Art. 52; cont. 1864, Art. 52).
Bills pending in a Cámara [Chamber] at the close of the sessions underwent the same three debates in succeeding Legislatures (Art. 53; cont. 1864, Art. 53).
Laws were repealed with the same formalities by which they were enacted (Art. 54; cont. 1864, Art. 54).
When the Ministros del Despacho [Ministers of State] had maintained before a Cámara [Chamber] that a bill was unconstitutional and it nevertheless became law, the Ejecutivo de la Unión [Executive of the Union] could submit it to the Nación [Nation], represented in the Legislaturas de los Estados [State Legislatures] (Art. 55; cont. 1864, Art. 55).
In such a case, each Estado [State] represented one vote, expressed by the majority of the members attending its Legislatura [Legislature], and transmitted the result to the Corte Federal [Federal Court] with the formula “I Confirm” or “I Object” (Art. 56; cont. 1864, Art. 56).
If a majority of the Estados [States] concurred with the Ejecutivo [Executive], the Corte [Court] ordered the law suspended and reported to the Congreso [Congress], transmitting the entire record (Art. 57; cont. 1864, Art. 57).
Laws entered into observance only after publication with the prescribed solemnity (Art. 58; cont. 1864, Art. 58).
The faculty conferred for the sanctioning of a law was not delegable (Art. 59; cont. 1864, Art. 59).
No legislative provision had retroactive effect, except in judicial procedure and when imposing a lesser penalty (Art. 60; cont. 1864, Art. 60).
ECO-HAC—Hacienda [Public Finance]
The Constitución de 1874 [Constitution of 1874] conferred upon the Legislatura Nacional [National Legislature] the faculty of organizing all matters relating to the Aduanas [Customs Houses], whose revenues formed the Tesoro de la Unión [Treasury of the Union] until replaced by others (Tít. IV, Sec. V, Art. 43, no. 3; cont. 1864, Tít. IV, Sec. V, Art. 43, no. 3).
The Estados [States] having no mines in operation received from national revenues the sum of sixteen thousand venezolanos, which was fixed in the annual budget of public expenditures and delivered in anticipated quarters (Tít. II, Art. 13, no. 17; cf. 1864, Tít. II, Art. 13, no. 17: “To reserve from national revenues, for the benefit of the States having no mines in operation, the sum of twenty thousand pesos…”).
The Legislatura Nacional [National Legislature] determined all matters relating to the national debt and contracted loans upon the credit of the Nación [Nation] (Art. 43, nos. 10–11; cont. 1864, Art. 43, nos. 10–11).
The Legislatura Nacional [National Legislature] annually formed the budgets of public expenditures (Art. 43, no. 18; cont. 1864, Art. 43, no. 18).
The Presidente de la Unión [President of the Union] supervised the collection of national revenues (Tít. V, Sec. II, Art. 72, no. 3; cont. 1864, Tít. V, Sec. II, Art. 72, no. 3).
The Presidente [President] appointed empleados de hacienda [Treasury employees] whose appointment was not attributed to other functionaries, Venezuelan birth being required for those offices (Art. 72, no. 10; cont. 1864, Art. 72, no. 10).
In foreign war, the Presidente [President] could demand contributions in advance or negotiate decreed loans whenever ordinary revenues were insufficient (Art. 72, no. 15.2; cont. 1864, Art. 72, no. 15.2).
Within the first five sessions of each year, the Ministros del Despacho [Ministers of State] presented to the Legislatura Nacional [National Legislature] the budget of public expenditures and the general account of the preceding year (Tít. V, Sec. III, Art. 80; cont. 1864, Tít. V, Sec. III, Art. 80).
The Congreso [Congress] could not increase the taxes burdening exports or constitute further mortgages upon them; once the existing obligations were satisfied by payment, compensation, or substitution, the exportation of national products was forever free (Tít. VII, Art. 103; cont. 1864, Tít. VII, Art. 103).
No expenditure could be made from the Tesoro Nacional [National Treasury] unless the Congreso [Congress] had expressly appropriated a sum in the annual budget; those contravening this provision were civilly responsible to the National Treasury for the sums paid. In every expenditure from the public treasury, ordinary expenditures were preferred to extraordinary ones (Art. 108; cont. 1864, Art. 108).
Offices collecting national contributions and offices making payments remained separate; the former could make no payments other than the salaries of their own employees (Art. 109; cont. 1864, Art. 109).
When for any reason the budget corresponding to a fiscal period was not enacted, the budget of the immediately preceding period continued in force (Art. 110; cont. 1864, Art. 110).
POW-EXE—Ejecutivo [Executive]
The Constitución de 1874 [Constitution of 1874] entrusted the general administration of the Nación [Nation] to a magistrate bearing the title Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela] (Tít. V, Sec. I, Art. 61; cont. 1864, Tít. V, Sec. I, Art. 61).
To be Presidente [President], a person was required to be Venezuelan by birth and thirty years of age (Art. 62; cont. 1864, Art. 62).
The Presidente [President] was elected by the citizens of all Estados [States] through direct and public ballot, each State possessing one vote constituted by the relative majority of its electors (Arts. 63–66; cf. 1864, Arts. 63–65: “The election of the President shall be made by the citizens of all the States through direct and secret ballot, in such a manner that each State possesses one vote, which shall be that of the relative majority of its electors.”).
Temporary absences of the Presidente [President] were supplied by one of the Ministros del Despacho [Ministers of State], selected by a majority vote of his colleagues. Absolute vacancies arising from death, resignation, removal, or cessation in command upon termination of the period were supplied by the Presidente de la Alta Corte Federal [President of the High Federal Court], who was required to convoke new elections unless the vacancy occurred within the final six months of the constitutional period. Whoever supplied the President was required to possess the constitutional qualifications for the office (Arts. 67–68; cf. 1864, Arts. 67 and 69).
The Presidente [President] served for two years, counted from 20 February. The outgoing President, or the person replacing him in an absolute vacancy, could not be elected for either the period immediately succeeding the one then ending or the period following it; the same prohibition applied to the relatives of either within the fourth civil degree of consanguinity or affinity (Arts. 69–70; cf. 1864, Arts. 68 and 70: the presidential period was four years, and the prohibition extended only to the immediately succeeding period and did not encompass relatives).
The Constitución [Constitution] enumerated the attributions of the Presidente [President], including preservation of the Nación [Nation] from external attack; execution of the laws and decrees of the Legislatura Nacional [National Legislature]; supervision of national revenues; administration of terrenos baldíos [public lands] according to law; convocation of the Legislature; appointment of diplomatic representatives and Treasury employees; direction of diplomatic negotiations and treaties; conclusion of national contracts subject to legislative approval; appointment and removal of the Ministros [Ministers]; granting of cartas de nacionalidad [letters of nationality]; issuance of patentes de navegación [navigation patents]; declaration of war following a decree of the Congreso [Congress]; exercise of the extraordinary faculties prescribed for foreign war and armed insurrection; direction of military operations; granting of pardons; defence of the Distrito Federal [Federal District]; and performance of the other functions attributed by national law (Tít. V, Sec. II, Arts. 72–73; cont. 1864, Tít. V, Sec. II, Arts. 72–73).
POW-JUD—Poder Judicial [Judicial Power]
The Constitución de 1874 [Constitution of 1874] vested national judicial authority in the Alta Corte Federal [High Federal Court], whose organization, composition, and jurisdiction were regulated in Title VI (Tít. VI, Arts. 85–89; cf. 1864, Tít. VI, Arts. 85–89).
The Alta Corte Federal [High Federal Court] comprised five Vocales [Justices], who were required to be Venezuelan by birth or to have ten years of naturalization, and to be thirty years of age (Art. 85; cont. 1864, Art. 85).
The Legislatura [Legislature] of each Estado [State] presented candidates for the Corte [Court], and the Congreso [Congress] declared elected the candidate receiving the greatest number of votes in each of the five electoral groups established by the Constitution; ties were resolved by Congress, which also filled vacancies when the States had not transmitted their presentations (Art. 86; cf. 1864, Art. 86, which did not provide for Congress to fill such vacancies).
The law determined the respective functions of the Vocales [Justices] of the Corte [Court] and its other employees (Art. 87; cont. 1864, Art. 87).
The Vocales [Justices] and their respective substitutes served for two years; neither the principals nor the substitutes in exercise could accept offices appointed by the Ejecutivo [Executive] during that period, even after resigning their judicial office (Art. 88; cf. 1864, Art. 88: “The Justices and their respective substitutes […] shall remain in their offices for four years…”).
The competence of the Alta Corte Federal [High Federal Court] comprised civil and criminal causes involving diplomatic employees in the cases permitted by the law of nations; causes against the Ministros del Despacho [Ministers of State] and diplomatic agents; causes against high functionaries of the Estados [States] in conformity with Article 13, no. 24; civil causes in which the Nación [Nation] was defendant when so determined by law; controversies of jurisdiction among employees of different States; matters voluntarily submitted by the States; declaration of the law in force when national laws collided with one another or with State laws; controversies arising from contracts or negotiations concluded by the Presidente de la Unión [President of the Union]; prize causes; and the other attributions prescribed by law (Art. 89; cf. 1864, Art. 89, no. 5, which conditioned causes against high State functionaries upon the laws of the respective States).
POW-SUB—Gobierno subnacional [Subnational Government]
The Constitución de 1874 [Constitution of 1874] reserved to the Estados [States] everything not expressly attributed by the Constitution to the Administración General de la Nación [General Administration of the Nation] (Tít. VII, Art. 90; cont. 1864, Tít. VII, Art. 90).
The courts of justice of the Estados [States] were declared independent; causes initiated under their own procedure and concerning matters within their exclusive competence terminated within the respective States without submission to examination by any external authority (Art. 91; cont. 1864, Art. 91).
Every act of the Congreso Nacional [National Congress] or the Ejecutivo Nacional [National Executive] that violated the rights guaranteed to the Estados [States] by the Constitution, or attacked their independence, was to be declared void by the Alta Corte Federal [High Federal Court] whenever requested by a majority of the State Legislatures (Art. 92; cont. 1864, Art. 92).
The Gobierno Nacional [National Government] could maintain within the Estados [States] no other resident employees exercising jurisdiction or authority than those of the States themselves, except Treasury employees and personnel assigned to national fortresses, parks established by law, naval stations, and enabled ports, whose jurisdiction was confined to their respective offices and installations (Art. 99; cont. 1864, Art. 99).
The Gobierno Nacional [National Government] could not station forces or military commanders exercising command within an Estado [State] without the permission of that State’s government (Art. 100; cont. 1864, Art. 100).
Neither the Ejecutivo Nacional [National Executive] nor the Ejecutivos de los Estados [State Executives] could intervene by Armed Force in the domestic conflicts of a State; they were permitted only to offer their good offices toward a peaceful resolution (Art. 101; cont. 1864, Art. 101).
CON-AMD—Reforma de la Constitución [Constitutional Amendment]
The Constitución de 1874 [Constitution of 1874] authorized the Legislatura Nacional [National Legislature] to reform the Constitution in whole or in part whenever requested by a majority of the Legislaturas de los Estados [State Legislatures]; no reform could extend beyond the points comprised in the State petitions (Tít. VII, Art. 122; cont. 1864, Tít. VII, Art. 122).
CIV-SUF—Sufragio [Suffrage]
The Constitución de 1874 [Constitution of 1874] provided that Senadores [Senators] and Diputados [Deputies] be elected in the manner determined by the Estados [States] (Tít. IV, Arts. 19, 25; cont. 1864, Tít. IV, Arts. 19, 25).
The Diputados [Deputies] were elected by popular vote at the ratio of one for every twenty-five thousand inhabitants and one additional Deputy for every excess exceeding twelve thousand, with an equal number of substitutes elected in the same manner (Art. 20; cf. 1864, Art. 20).
The Constitución [Constitution] required the Estados [States] to establish in their constitutions direct, public, written, and signed suffrage for popular elections, with a registration period of thirty days and a voting period of eight days, including the final two Sundays (Tít. II, Art. 13, no. 23; cf. 1864, Tít. II, Art. 13, no. 23: “To establish direct and secret suffrage in popular elections.”).
The Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela] was elected by the citizens of all Estados [States] through direct and public ballot, each State possessing one vote constituted by the relative majority of its electors (Tít. V, Arts. 63–66; cf. 1864, Tít. V, Art. 63: “The election of the President shall be made by the citizens of all the States through direct and secret ballot.”).
The Constitución [Constitution] guaranteed liberty of suffrage in popular elections, without restriction other than minority below eighteen years of age (Tít. III, Art. 14, no. 11; cont. 1864, Tít. III, Art. 14, no. 11).
CIV-CIT—Ciudadanía [Citizenship]
The Constitución de 1874 [Constitution of 1874] defined as Venezuelans all persons born in the territory of Venezuela, whatever the nationality of their parents; children of a Venezuelan father or mother born in another territory who established domicile in the country and manifested the will to be Venezuelan; foreigners who had obtained a carta de nacionalidad [letter of nationality]; and persons born in any of the Spanish American Republics or the Spanish Antilles who established residence in the territory of the Unión [Union] and desired to be Venezuelan (Tít. I, Sec. II, Art. 6; cont. 1864, Tít. I, Sec. II, Art. 6).
Venezuelans who established domicile and acquired nationality in a foreign country did not lose their character as Venezuelans (Art. 7; cont. 1864, Art. 7).
Venezuelan men above twenty-one years of age were eligible for public offices, subject to the exceptions established by the Constitución [Constitution] (Art. 8; cont. 1864, Art. 8).
All Venezuelans were bound to serve the Nación [Nation] in the manner prescribed by law, with the sacrifice of their property and life if necessary for its defence (Art. 9; cont. 1864, Art. 9).
Venezuelans present in the territory of any Estado [State] possessed therein the same rights and duties as those domiciled in that State (Art. 10; cont. 1864, Art. 10).
The law determined the rights corresponding to the condition of foreigner (Art. 11; cont. 1864, Art. 11).
RTS-GAR—Derechos [Rights]
The Constitución de 1874 [Constitution of 1874] guaranteed Venezuelans the inviolability of life and abolished capital punishment, whatever law might establish it (Tít. III, Art. 14, no. 1; cont. 1864, Tít. III, Art. 14, no. 1).
It guaranteed property with all its rights, subject only to contributions established by the legislative authority, judicial decision, and taking for public works following indemnification and an adversarial proceeding (Art. 14, no. 2; cont. 1864, Art. 14, no. 2).
It guaranteed the inviolability and secrecy of correspondence and other papers; the inviolability of the domestic home, except to prevent the perpetration of an offence in conformity with law; liberty of thought expressed by word or through the press, without restriction; liberty of transit, domicile, departure from the Republic, and return thereto; liberty of industry; liberty of unarmed meeting and association; liberty of petition and the right to obtain a resolution; liberty of instruction; religious liberty, with public worship outside temples reserved to the Roman Catholic and Apostolic Religion; personal security; and equality before the law (Art. 14, nos. 3–15; cont. 1864, Art. 14, nos. 3–15).
Under the guarantee of personal liberty, the Constitución [Constitution] abolished forced recruitment, proscribed slavery forever, declared free the slaves who entered Venezuelan territory, and recognized the right of each person to do whatever did not prejudice another (Art. 14, no. 5; cont. 1864, Art. 14, no. 5).
The Constitución [Constitution] provided that the enumeration of guarantees did not restrict the faculty of the Estados [States] to accord other guarantees to their inhabitants (Art. 15; cont. 1864, Art. 15).
The laws of the Estados [States] prescribed penalties for infringers of those guarantees and established the procedures for making them effective (Art. 16; cont. 1864, Art. 16).
Persons who issued, signed, executed, or ordered the execution of decrees, orders, or resolutions violating any guarantee accorded to Venezuelans were declared culpable and punished according to law, and any citizen was competent to accuse them (Art. 17; cont. 1864, Art. 17).
REG-MIL—La fuerza armada [The Armed Force]
The Constitución de 1874 [Constitution of 1874] provided that the fuerza pública nacional [National Public Force] was divided into naval and land forces and composed of the Milicia Ciudadana [Citizen Militia] organized by the Estados [States] under their laws (Tít. VII, Art. 93; cont. 1864, Tít. VII, Art. 93).
The force under charge of the Unión [Union] was formed from volunteers and a proportional contingent supplied by each Estado [State], which called to service the citizens obliged to render it under its laws (Art. 94; cont. 1864, Art. 94).
In time of war, the contingent could be augmented by bodies of the Milicia Ciudadana [Citizen Militia] to the number of men required by the Gobierno Nacional [National Government] (Art. 95; cont. 1864, Art. 95).
The Gobierno Nacional [National Government] could change the commanders of the fuerza pública [Public Force] furnished by the Estados [States] in the cases and with the formalities prescribed by national military law, the States then providing replacements (Art. 96; cont. 1864, Art. 96).
Military and civil authority could never be exercised by the same person or corporation (Art. 97; cont. 1864, Art. 97).
During national and State electoral periods, the fuerza pública [Public Force] was to be disarmed in the manner prescribed by law (Art. 111; cont. 1864, Art. 111).
The fuerza armada [Armed Force] could not deliberate; it was declared passive and obedient. No armed body could make requisitions or demand assistance of any kind except through the civil authorities and in the manner prescribed by law (Art. 116; cont. 1864, Art. 116).
REG-REL—Religión [Religion]
The Constitución de 1874 [Constitution of 1874] invoked the Supreme Author and Legislator of the Universe in its Preámbulo [Preamble], decreed by the Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela] under the authority of the people of Venezuela (Preamble; cont. 1864, Preamble).
The Constitución [Constitution] guaranteed religious liberty, but provided that only the Roman Catholic and Apostolic Religion could exercise public worship outside temples (Tít. III, Art. 14, no. 13; cont. 1864, Tít. III, Art. 14, no. 13).
The Nación [Nation], being in possession of the right of ecclesiastical patronage, was to exercise it in the manner prescribed by law (Tít. VII, Art. 98; cont. 1864, Tít. VII, Art. 98).
REG-SLA—Esclavitud [Slavery]
The Constitución de 1874 [Constitution of 1874] proscribed slavery forever and declared free the slaves who entered the territory of Venezuela (Tít. III, Art. 14, no. 5.2–3; cont. 1864, Tít. III, Art. 14, no. 5.2–3).
ECO-INF—Infraestructura [Infrastructure]
The Constitución de 1874 [Constitution of 1874] empowered the Legislatura Nacional [National Legislature] to resolve all matters relating to the enabling and security of ports and maritime coasts; create and organize the national posts and establish charges upon the carriage of correspondence; promote measures conducive to the prosperity of the country and the advancement of the sciences and arts; fix and unify national weights and measures; and approve or reject, before execution, contracts concerning national public works concluded by the Presidente de la Unión [President of the Union] (Tít. IV, Sec. V, Art. 43, nos. 4–5, 17, 19–20; cont. 1864, Tít. IV, Sec. V, Art. 43, nos. 4–5, 17, 19–20).
The Constitución [Constitution] authorized the Legislatura Nacional [National Legislature] to establish temporarily, under the denomination territorios [territories], regions that were unpopulated or inhabited by uncivilized Indigenous peoples, which depended directly upon the Ejecutivo Nacional [National Executive] (Art. 43, no. 22; cont. 1864, Art. 43, no. 22).
The Nación [Nation] and the Estados [States] were to promote immigration and the colonization of foreigners in conformity with their respective laws (Tít. VII, Art. 117; cont. 1864, Tít. VII, Art. 117).
CON-FIN—Disposiciones finales [Final Provisions]
The Constitución de 1874 [Constitution of 1874] provided that the laws and dispositions of the governments of the Estados [States] remained in force until the new State Legislatures brought them into harmony with the Constitution, which was to occur within four months (Tít. VII, Art. 121; cont. 1864, Tít. VII, Art. 121).
The Constitución [Constitution] could be reformed in whole or in part by the Legislatura Nacional [National Legislature] at the request of a majority of the Legislaturas de los Estados [State Legislatures], without any reform extending beyond the points comprised in those petitions (Art. 122; cont. 1864, Art. 122).
The Constitución [Constitution] entered into force upon its official publication in each Estado [State]. Public acts and official documents were to date the Federación [Federation] from 20 February 1859 and the Law from 28 March 1864 (Art. 123; cf. 1864, Art. 123).
The sole transitory provision established that the new constitutional period for the offices of the Administración General de la República [General Administration of the Republic] would begin on 20 February 1877, upon expiration of the current period, while the periods of State employees would begin when the periods then in force terminated under the respective State constitutions (Tít. VIII, Art. 124; new; cf. 1864: constitutional silence).
The Constitución [Constitution] was given and signed in the Palacio de Sesiones del Cuerpo Legislativo Federal [Palace of Sessions of the Federal Legislative Body] at Caracas on 23 May 1874 by the officers and members of the Congreso [Congress], and was ordered executed and observed in the Palacio Federal [Federal Palace] at Caracas on 27 May 1874 by Presidente [President] Antonio Guzmán Blanco and his Ministros [Ministers].
Note
- The original text of the Constitución de 1874 [Constitution of 1874] may be consulted in the CIDEP (Recopilación de Leyes y Decretos de Venezuela [Compilation of the Laws and Decrees of Venezuela]): https://cidep.online/files/constituciones/1874.pdf
* *
8). The Constitution of 1881
The Constitución de 1881 [Constitution of 1881], formally the Constitución de los Estados Unidos de Venezuela [Constitution of the United States of Venezuela], was sanctioned by the Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela] at Caracas on 4 April 1881 and ordered executed by Presidente [President] Antonio Guzmán Blanco on 27 April 1881. It declared as the Constitution of the United States of Venezuela the text requested by the Legislatures of the twenty States of the Federación Venezolana [Venezuelan Federation] and organized those States into nine great political entities.
DOC-PRE—Preámbulo [Preamble]
“The Congress of the United States of Venezuela, having considered and scrutinized the petitions addressed by means of their Legislatures by the twenty States composing the Venezuelan Federation, requesting the reform of the Constitution of 1874, in complete conformity with the Project submitted by Congress for their consideration, and with each and every modification proposed by the Illustrious American, President of the Republic, in the Message he addressed to the State Legislatures on 15 October 1880, without essential difference upon the general points of the reform; and having present, moreover, the will expressed by the Sections concerning their own grouping, decrees:”
“Sole Article. The Constitution of the United States of Venezuela requested by the Legislatures of the twenty States of the Venezuelan Federation is hereby declared, in the following terms:”
“CONSTITUTION OF THE UNITED STATES OF VENEZUELA.”
FND-TER—Territorio [Territory]
The Constitución de 1881 [Constitution of 1881] constituted as nine great political entities the twenty Estados [States] that had remained independent and united since the Constitution of 28 March 1864, preserving their union as a single free, sovereign, and independent Nación [Nation] under the denomination Estados Unidos de Venezuela [United States of Venezuela] (Art. 1; cf. 1874, Art. 1). The territorial organization comprised the Estados [States] of Oriente, Guzmán Blanco, Carabobo, Sur de Occidente, Norte de Occidente, Los Andes, Bolívar, Zulia, and Falcón, formed by grouping the former twenty States (Art. 1; new; cf. 1874: no corresponding grouping).
The limits of the great Estados [States] continued to be determined by the territorial division established by the Law of 28 April 1856 until reformed (Art. 2; cont. 1874, Art. 2). The exterior limits of the República [Republic] remained those that in 1810 corresponded to the former Capitanía General de Venezuela [Captaincy General of Venezuela] (Art. 3; cont. 1874, Art. 3).
The grouped Estados [States] were denominated Secciones [Sections] and declared equal among themselves. Their constitutions were to accord with the federative principles established by the national Constitution, while sovereignty not expressly delegated continued to reside in the constituent States, subject only to the limitations arising from the compact of association (Art. 4; cf. 1874, Art. 12: “The States forming the Venezuelan Union reciprocally recognize their autonomies, declare themselves equal as political entities, and retain in all its plenitude their sovereignty not expressly delegated by this Constitution.”).
POW-LEG—Congreso [Congress]
The Constitución de 1881 [Constitution of 1881] retained a bicameral Legislatura Nacional [National Legislature], composed of a Cámara de Senadores [Chamber of Senators] and a Cámara de Diputados [Chamber of Deputies] (Art. 18; cont. 1874, Art. 18). The Estados [States] determined the manner of electing the Deputies, while the Senators were elected by the respective State Legislatures (Arts. 19, 25; cf. 1874, Arts. 19, 25). Each State elected three principal Senators and an equal number of substitutes, and the senatorial period was extended from two to four years (Arts. 25–27; cf. 1874, Arts. 25–27).
Representation in the Cámara de Diputados [Chamber of Deputies] was modified to one Diputado [Deputy] for every thirty-five thousand inhabitants, with one additional Deputy for every remainder not below fifteen thousand, and an equal number of substitutes (Art. 20; cf. 1874, Art. 20: “…one for every twenty-five thousand inhabitants, and another for every excess exceeding twelve thousand.”). The Deputies continued to be elected by direct popular vote, but their period was increased from two to four years (Arts. 20–21; cf. 1874, Arts. 20–21).
The Cámara de Diputados [Chamber of Deputies] retained the faculty of examining the annual account of the Presidente [President], censuring the Ministros del Despacho [Ministers of State], and hearing accusations against the Ejecutivo [Executive], the Ministers, national employees, and high functionaries of the Estados [States] for the causes determined in Article 22 (Art. 22; cont. 1874, Art. 22). The accusation procedures, declaration that there was ground to proceed, suspension of the accused, and disqualification during trial remained substantially unchanged (Arts. 23–24; cont. 1874, Arts. 23–24).
The Senado [Senate] continued to conduct and resolve trials initiated in the Cámara de Diputados [Chamber of Deputies] (Art. 28; cont. 1874, Art. 28). If a trial had not concluded during the sessions, the Senate remained assembled for that purpose alone until the cause was terminated; the 1874 provision denying allowances to the Senators in such a case no longer appeared (Art. 29; cf. 1874, Art. 29).
The Legislatura Nacional [National Legislature] assembled annually in the capital on 20 February, or on the earliest possible day thereafter, without prior convocation. The sessions were reduced from seventy to sixty days and remained prolongable to ninety, in the judgment of the majority (Art. 30; cf. 1874, Art. 30).
The quorum requirements, separate functioning of the Cámaras [Chambers], public or secret sessions, internal faculties, presidency of the Congreso [Congress], and nonresponsibility for opinions and speeches remained substantially unchanged (Arts. 31–36, 39–40; cont. 1874, Arts. 31–36, 39–40).
The Constitución [Constitution] provided that any increase in legislative indemnities would not enter into force until the succeeding period, after complete renewal of the Chambers that had sanctioned it (Art. 37; cf. 1874, Art. 37; deferred-operation rule, new).
The Senadores [Senators] and Diputados [Deputies] enjoyed immunity from 20 January of each year until thirty days after the sessions ended; immunity consisted in the suspension of every civil or criminal proceeding, whatever its origin or nature (Art. 38; cf. 1874, Art. 38).
The Senadores [Senators] and Diputados [Deputies] who accepted from the Ejecutivo Nacional [National Executive] any office or commission thereby vacated their seat in the corresponding Cámara [Chamber] by operation of law (Art. 41; cf. 1874, Art. 41).
The Senadores [Senators] and Diputados [Deputies] could not contract with the Gobierno General [General Government] or prosecute the claims of others before it (Art. 42; cont. 1874, Art. 42).
The Legislatura Nacional [National Legislature] retained the attributions relating to controversies among the Estados [States], the Distrito Federal [Federal District], the Customs Houses, ports, posts, national codes, currency, national symbols, national offices, public debt, loans, the Armed Force, war, treaties, public works, budgets, public prosperity, weights and measures, amnesties, territories, trials before the Senado [Senate], representation in the Cámara de Diputados [Chamber of Deputies], military retirements and pensions, responsibility of public employees, and military ranks or promotions (Art. 43; cf. 1874, Art. 43).
Article 43 reduced from ten to three square miles the maximum extent of the Distrito Federal [Federal District]; replaced the formation of the census with the perfection of the census then in force; restored the reference to replacement of the Armed Force; provided that contracts concerning national public works be concluded by the Presidente [President] with the approval of the Consejo Federal [Federal Council]; suppressed the attribution to enact the law of presidential elections; and attributed to the Congreso [Congress] the election of the Federal Council and convocation of the substitutes of the Senators and Deputies elected to compose it (Art. 43, nos. 2, 12–14, 17, and 29; cf. 1874, Art. 43; Art. 43, no. 29, new; cf. 1874: constitutional silence).
The Congreso [Congress] retained the faculty of enacting necessary laws of general character, provided that they did not conflict with the Constitución [Constitution] (Art. 44; cf. 1874, Art. 44: “In addition to the preceding enumeration, the National Legislature may enact such laws of general character as are necessary.”).
The initiative of laws and decrees remained with the members of either Cámara [Chamber], but the respective bills were required to conform to the provisions established for the Parlamento de Venezuela [Parliament of Venezuela] (Art. 45; cf. 1874, Art. 45).
Upon presentation, a bill was to be read and considered for admission; once admitted, it received three debates separated by at least one day (Art. 46; cf. 1874, Art. 46, which did not expressly require the initial reading). If the originating Chamber did not accept alterations made by the other and no agreement was reached, the bill became void once the originating Chamber separately ratified its insistence (Art. 48; cf. 1874, Art. 48, which referred to a separate decision without expressly requiring ratification of the insistence).
The remaining rules concerning bicameral consideration, statement of the days of debate, integral redrafting of a reformed law, the legislative formula, rejected and pending bills, repeal, publication, nondelegability of the faculty to sanction laws, and the prohibition of retroactive legislation except in judicial procedure or when a lesser penalty was imposed remained substantially unchanged (Arts. 47, 49–54, 58–60; cont. 1874, Arts. 47, 49–54, 58–60).
When the Ministros del Despacho [Ministers of State] had maintained that a bill was unconstitutional and it had nevertheless been sanctioned as law, the Ejecutivo [Executive], with the affirmative vote of the Consejo Federal [Federal Council], suspended its execution and requested the vote of the State Legislatures. If a majority of the Legislatures concurred with the Executive, the Alta Corte Federal [High Federal Court] confirmed the suspension and the Executive reported to the succeeding Congreso [Congress] (Arts. 55–57; cf. 1874, Arts. 55–57).
ECO-HAC—Hacienda [Public Finance]
The Constitución de 1881 [Constitution of 1881] retained the provision under which the revenues of the Aduanas [Customs Houses] formed the Tesoro de la Unión [Treasury of the Union] until replaced by others, and established a system for distributing certain revenues between the Federación [Federation] and the Estados [States] (Arts. 13, nos. 32–33; 43, no. 3; cf. 1874, Arts. 13, nos. 16–17; 43, no. 3).
The Estados [States] ceded to the Gobierno Federal [Federal Government] the administration of mines, terrenos baldíos [public lands], and saltworks. Two thirds of the revenues arising from transit duties, mines, public lands, and saltworks belonged to the States and were distributed in proportion to their population; the remaining third was reserved to the Poder Federal [Federal Power] for the advancement of the country (Art. 13, nos. 15 and 32–33; cf. 1874, Art. 13, nos. 16–17).
The Congreso [Congress] continued to exercise authority over the national debt, loans, annual appropriations, administration of the Customs Houses, and organization of the Tesoro Nacional [National Treasury] (Art. 43, nos. 3, 10–11, and 18; cont. 1874, Art. 43, nos. 3, 10–11, and 18).
No expenditure could be made from the Tesoro Nacional [National Treasury] unless the Congreso [Congress] had expressly appropriated a sum in the annual budget, and those contravening the provision were civilly responsible to the National Treasury for the sums paid. Ordinary expenditures continued to be preferred to extraordinary ones (Art. 105; cont. 1874, Art. 108).
Offices collecting national contributions and offices making payments remained separate, and the former could make no payments other than the salaries of their own employees (Art. 106; cont. 1874, Art. 109). If the budget corresponding to a fiscal period was not enacted, the budget of the immediately preceding period continued in force (Art. 107; cont. 1874, Art. 110).
Exportation was declared free in Venezuela, and the imposition of duties burdening it was prohibited (Art. 101; cf. 1874, Art. 103).
POW-EXE—Ejecutivo [Executive]
The Constitución de 1881 [Constitution of 1881] established a Consejo Federal [Federal Council] composed of one Senador [Senator] and one Diputado [Deputy] from each Estado [State], together with one Deputy for the Distrito Federal [Federal District], elected by the Congreso [Congress] for two-year periods (Art. 61; new). From among its members, the Federal Council elected the Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela] and the member who was to supply his temporary or absolute absences; a presidential election falling upon a person who did not belong to the Federal Council was void (Arts. 62–64; new).
The Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela] and the members of the Consejo Federal [Federal Council] served for two years. Neither the President nor the members of the Council could be reelected for the immediately succeeding period, although the Councillors resumed their legislative seats upon completion of their functions in the Council (Art. 63; cf. 1874, Arts. 69–70, which barred the outgoing President and the person replacing him in an absolute vacancy from election for either of the two succeeding periods).
The Presidente [President] appointed and removed the Ministros del Despacho [Ministers of State]; presided over the Gabinete [Cabinet]; received diplomatic representatives; signed official communications addressed to foreign sovereigns or presidents; ordered execution of the laws and decrees of the Legislatura Nacional [National Legislature]; promulgated resolutions and decrees approved by the Consejo Federal [Federal Council]; organized the Distrito Federal [Federal District]; issued patentes de navegación [navigation patents]; reported annually to the Congreso [Congress] on the exercise of the faculties conferred by Article 66; and performed the other functions attributed by national law (Art. 65; cf. 1874, Art. 72).
With the deliberative vote of the Consejo Federal [Federal Council], the Presidente [President] preserved the Nación [Nation] from external attack; administered public lands, mines, and saltworks; convoked the Congreso [Congress]; appointed diplomatic and consular employees; directed treaty negotiations; concluded contracts of national interest; appointed and removed Treasury employees; declared war following authorization by Congress; exercised the extraordinary faculties prescribed for foreign war; restored constitutional order after an armed rebellion; intervened to terminate an armed collision between Estados [States]; directed war and organized the national force; granted pardons; and defended the Distrito Federal [Federal District] (Art. 66; cf. 1874, Art. 72).
The Presidente [President] continued to be assisted by the Ministros del Despacho [Ministers of State], whose number, functions, duties, and Secretarías [Departments] were determined by law (Art. 67; cont. 1874, Art. 74). To be a Minister, a person was required to be twenty-five years of age and Venezuelan by birth or to possess five years of nationality (Art. 68; cont. 1874, Art. 75).
The Ministros [Ministers] were the natural and necessary organs of the Presidente [President]. All presidential acts were to be subscribed by them in order to be fulfilled or executed by authorities, employees, or private persons (Art. 69; cont. 1874, Art. 76). The personal responsibility of the Ministers was not saved by an order of the President, even when received in writing (Art. 70; cont. 1874, Art. 77).
Decisions foreign to the internal administration of the Secretarías [Departments] were resolved in Consejo de Ministros [Council of Ministers], and ministerial responsibility was collective and solidary (Art. 71; cf. 1874, Art. 78: “The decision of all matters other than the internal administration of the Departments shall be resolved in Council of Ministers; and responsibility is collective.”).
The Ministros [Ministers] were to report annually to the Cámaras [Chambers] concerning what had been accomplished or projected in their respective branches and to furnish the written or verbal information required of them. They could reserve only that which it was not expedient to publish concerning diplomatic negotiations; the 1874 reservation relating to war no longer appeared (Art. 72; cf. 1874, Art. 79).
The Ministros [Ministers] were to present the budget of public expenditures and the general account of the preceding year, possessed the right to speak in the Cámaras [Chambers], and were obliged to appear when summoned (Arts. 73–74; cont. 1874, Arts. 80–81).
The Ministros [Ministers] answered for treason against the Fatherland, infringement of the Constitution or laws, misappropriation of public funds, expenditures exceeding appropriations, bribery or corrupt payment, and failure to execute decisions of the Consejo Federal [Federal Council] (Art. 75; cf. 1874, Art. 82; Art. 75, no. 6, new).
The first paragraph of Article 86 provided that the Ejecutivo Nacional [National Executive] was exercised by the Consejo Federal [Federal Council], the Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela] or the person acting in his stead, in union with the Ministros del Despacho [Ministers of State], who were its organs (Art. 86, para. 1; cf. 1874, Art. 83). Its second paragraph required the President to be Venezuelan by birth (Art. 86, para. 2; cf. 1874, Art. 62, which additionally required thirty years of age).
When the Presidente [President], with approval of the Consejo Federal [Federal Council], assumed command of the Ejército [Army] or left the Distrito Federal [Federal District] upon matters of public interest, he was replaced by the Federal Council in conformity with Article 62 (Art. 87; cf. 1874, Art. 84).
POW-JUD—Poder Judicial [Judicial Power]
The Constitución de 1881 [Constitution of 1881] retained the Alta Corte Federal [High Federal Court], modified its composition, and established a Corte de Casación [Court of Cassation] as tribunal of the Estados [States] (Arts. 76–85; cf. 1874, Arts. 85–89; Arts. 81–85, new).
The Alta Corte Federal [High Federal Court] comprised one Vocal [Justice] for each Estado de la Federación [State of the Federation], and each Justice was required to be Venezuelan by birth and thirty years of age (Art. 76; cf. 1874, Art. 85: “The High Federal Court shall be composed of five Justices…”).
The Vocales [Justices] were elected by the Congreso [Congress] from lists formed by the assembled representation of each Estado [State] (Art. 77; cf. 1874, Art. 86). The law determined the functions of the Justices and the other employees of the High Federal Court (Art. 78; cont. 1874, Art. 87).
The Vocales [Justices] and their substitutes served for four years. Neither the principals nor the substitutes in exercise could accept appointments from the Ejecutivo [Executive] without first resigning their judicial office, and infringement of this prohibition was punished by four years of disqualification from public office (Art. 79; cf. 1874, Art. 88).
The competence of the Alta Corte Federal [High Federal Court] comprised civil and criminal causes involving diplomatic employees in the cases permitted by the law of nations; causes against the Ministros del Despacho [Ministers of State] and diplomatic agents; civil causes in which the Nación [Nation] was defendant when so determined by law; controversies of jurisdiction or competence among authorities of different Estados [States]; matters voluntarily submitted by the States; determination of the law in force when national laws collided with one another or with State laws; controversies arising from contracts or negotiations concluded by the Presidente [President]; prize causes; and the other attributions determined by law (Art. 80; cf. 1874, Art. 89).
The Corte de Casación [Court of Cassation] was a tribunal of the Estados [States] and comprised one Vocal [Justice] for each State, with four-year periods (Art. 81; new). To be a Justice, a person was required to be a practising lawyer with at least six years of practice, to be Venezuelan, and to be thirty years of age (Art. 82; new).
The Legislaturas de los Estados [State Legislatures] presented lists of candidates from which the Consejo Federal [Federal Council] elected the Justice corresponding to each Estado [State]. Absolute vacancies were filled by lot from the general list of unelected candidates and temporary vacancies in conformity with law (Arts. 83–84; new).
The Corte de Casación [Court of Cassation] heard criminal causes or causes of responsibility against high functionaries of the Estados [States]; the recourse of cassation in the manner prescribed by law; reported annually to the Congreso [Congress] concerning obstacles opposed to the unity of civil and criminal legislation; and resolved conflicts of jurisdiction among judicial authorities of different States and, when applicable, among those of the same State (Art. 85; new).
POW-SUB—Gobierno subnacional [Subnational Government]
The Constitución de 1881 [Constitution of 1881] grouped the twenty Estados [States] existing under the Constitution of 1874 into nine great States formed by territorial Secciones [Sections], and declared the constituent States equal among themselves (Arts. 1, 4; cf. 1874, Arts. 1, 12).
The constitutions of the Secciones [Sections] were to accord with the federative principles established by the national Constitution. Sovereignty not expressly delegated continued to reside in the constituent Estados [States], subject only to the limitations arising from the federal compact (Art. 4; cf. 1874, Art. 12).
Everything not expressly attributed by the Constitución [Constitution] to the Administración General de la Nación [General Administration of the Nation] belonged to the Estados [States] (Art. 88; cont. 1874, Art. 90).
The Estados [States] were to organize themselves according to the principles of popular, elective, federal, representative, alternative, and responsible government, and to establish their internal constitutional order in harmony with the national Constitution (Art. 13, nos. 1–2; cf. 1874, Art. 13, no. 1).
The Estados [States] bound themselves to preserve the independence and integrity of the Federación [Federation]; not to alienate territory or implore foreign protection; not to maintain political or diplomatic relations with foreign nations; not to establish Customs Houses or impose differential internal contributions; not to obstruct interstate commerce; and not to declare or make war among themselves (Art. 13, nos. 3–13 and 27–30; cf. 1874, Art. 13).
The Estados [States] were to cede the lands necessary for the Distrito Federal [Federal District] and other federal establishments; recognize federal jurisdiction over navigation, national roads, mines, public lands, saltworks, and insular territories; maintain uniform substantive civil and criminal legislation and uniform procedural laws; provide primary education and instruction in arts and trades; recognize the jurisdiction of the Corte de Casación [Court of Cassation]; establish criminal extradition as a constitutional principle; contribute contingents to the national Armed Force; preserve neutrality in controversies among States; and submit interstate controversies to the Congreso [Congress] or the Alta Corte Federal [High Federal Court] (Art. 13, nos. 6–34; cf. 1874, Art. 13).
The Estados [States] ceded to the Gobierno Federal [Federal Government] the administration of mines, public lands, and saltworks. Two thirds of the revenues arising from transit duties, mines, public lands, and saltworks were distributed among the States in proportion to their population, while the remaining third was reserved to the Poder Federal [Federal Power] for the advancement of the country (Art. 13, nos. 15 and 32–33; cf. 1874, Art. 13, nos. 16–17).
The courts of justice of the Estados [States] were declared independent, without prejudice to the recourse of cassation in the cases established by law (Art. 89; cf. 1874, Art. 91). Acts of the Congreso [Congress] or the Ejecutivo Nacional [National Executive] violating the constitutional rights or independence of the States were to be declared void by the Alta Corte Federal [High Federal Court] at the request of a majority of the State Legislatures (Art. 90; cont. 1874, Art. 92).
The Gobierno de la Federación [Government of the Federation] could maintain in the Estados [States] no other resident employees exercising jurisdiction or authority than those of the States themselves, except Treasury employees and personnel of the forces assigned to national fortresses, parks established by law, naval stations, and enabled ports. Article 97 further recognized that the existing instruments of war belonged to the Gobierno Nacional [National Government] and that the States could acquire those necessary for their internal defence (Art. 97; cf. 1874, Art. 99).
CON-AMD—Reforma de la Constitución [Constitutional Amendment]
The Constitución de 1881 [Constitution of 1881] provided that when a majority of the Legislaturas de los Estados [State Legislatures] requested constitutional reform, the Legislatura Nacional [National Legislature] was required to sanction it. The reform could not comprise points other than those upon which the State petitions concurred (Art. 118; cf. 1874, Art. 122).
CIV-SUF—Sufragio [Suffrage]
The Constitución de 1881 [Constitution of 1881] established direct and public suffrage for popular elections, grounded upon an electoral census and made obligatory. The vote was to be cast in public session of the respective electoral board, entered in the register established by law, and signed by the voter or, if he could not sign, by another citizen at his request; without this formality no vote could be deemed validly cast (Art. 13, no. 22; cf. 1874, Art. 13, no. 23).
The Constitución [Constitution] continued to guarantee liberty of suffrage in popular elections, without restriction other than minority below eighteen years of age (Art. 14, no. 11; cont. 1874, Art. 14, no. 11).
Eligibility for public offices remained confined to Venezuelan men above twenty-one years of age, subject to the exceptions established by the Constitución [Constitution] (Art. 7; cont. 1874, Art. 8).
The Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela] ceased to be elected directly by the citizens and was instead elected by the Consejo Federal [Federal Council] from among its members (Art. 62; cf. 1874, Arts. 63–66). The Senadores [Senators] were elected by the State Legislatures, while the Diputados [Deputies] continued to be elected by direct popular vote (Arts. 19–25; cf. 1874, Arts. 19–25).
CIV-CIT—Ciudadanía [Citizenship]
The Constitución de 1881 [Constitution of 1881] retained the constitutional definition of Venezuelan nationality. Venezuelans were all persons born in the territory of Venezuela, whatever the nationality of their parents; children of a Venezuelan mother or father born in another territory who established domicile in the República [Republic] and manifested the will to be Venezuelan; foreigners who had obtained a carta de nacionalidad [letter of nationality]; and persons born in any of the Spanish American Republics or the Spanish Antilles who established residence in the Republic and manifested the will to be its citizens (Art. 5; cont. 1874, Art. 6).
Venezuelans who established domicile abroad and acquired a foreign nationality did not lose their character as Venezuelans (Art. 6; cont. 1874, Art. 7).
Eligibility for public offices remained confined to Venezuelan men above twenty-one years of age, subject to the exceptions established by the Constitución [Constitution] (Art. 7; cont. 1874, Art. 8).
Every Venezuelan was bound to serve the Nación [Nation], including the sacrifice of property and life when necessary for its defence (Art. 8; cont. 1874, Art. 9).
Venezuelans throughout the Federación [Federation] enjoyed the rights and immunities inherent in their condition as citizens and were subject to the same duties as persons native to and domiciled in the Estado [State] in which they resided (Art. 9; cf. 1874, Art. 10).
Foreigners enjoyed the same civil rights as Venezuelans and equal security in their persons and property. They could employ the diplomatic channel according to public treaties and in cases permitted by law (Art. 10; new). The law determined the rights corresponding to the condition of foreigner and distinguished between foreigners domiciled in the República [Republic] and transient foreigners (Art. 11; cf. 1874, Art. 11).
RTS-GAR—Derechos [Rights]
The Constitución de 1881 [Constitution of 1881] retained the catalogue of constitutional guarantees established in 1874 and modified certain formulations (Arts. 14–17; cf. 1874, Arts. 14–17).
The Nación [Nation] guaranteed the inviolability of life through abolition of capital punishment; property; inviolability and secrecy of correspondence; inviolability of the domestic home; personal liberty; liberty of expression; liberty of transit; liberty of industry; liberty of meeting and association; the right of petition; liberty of suffrage; liberty of instruction; religious liberty; personal security; and equality before the law (Art. 14; cf. 1874, Art. 14).
Property was guaranteed with all its attributes, immunities, and privileges, subject only to contributions decreed by the legislative authority, judicial decision, and taking for public works following indemnification and an adversarial proceeding (Art. 14, no. 2; cf. 1874, Art. 14, no. 2: “Property with all its rights…”).
Personal liberty comprised abolition of forced recruitment, proscription of slavery, freedom of the slaves who entered Venezuelan territory, and the rule that no person was obliged to do what the law did not command or prevented from doing what it did not prohibit (Art. 14, no. 5; cf. 1874, Art. 14, no. 5).
Liberty to express thought by word or through the press was not subject to prior censorship; actions for calumny, insult, or prejudice to a third person nevertheless remained available under the common laws (Art. 14, no. 6; cf. 1874, Art. 14, no. 6).
The authorities could exercise no act of inspection or coercion over unarmed meetings or associations (Art. 14, no. 9; cf. 1874, Art. 14, no. 9).
Religious liberty was retained without the 1874 provision reserving to the Roman Catholic and Apostolic Religion the exercise of public worship outside temples (Art. 14, no. 13; cf. 1874, Art. 14, no. 13).
Personal security comprised protection against imprisonment for debt except in cases of fraud or offence; forced quartering of troops; special tribunals; arbitrary arrest; incommunication; compulsory self-incrimination; imprisonment without legal cause; criminal punishment without prior citation and lawful hearing; corporal punishment exceeding ten years; and imprisonment for political reasons once constitutional order had been restored (Art. 14, no. 14; cf. 1874, Art. 14, no. 14).
The enumeration of guarantees did not restrict the faculty of the Estados [States] to grant other guarantees to their inhabitants (Art. 15; cont. 1874, Art. 15). The laws of the States prescribed penalties for infringers and established procedures for making the guarantees effective (Art. 16; cont. 1874, Art. 16). Persons who issued, signed, executed, or ordered the execution of measures violating the constitutional guarantees were responsible according to law, and every citizen was competent to accuse them (Art. 17; cont. 1874, Art. 17).
REG-MIL—La fuerza armada [The Armed Force]
The Constitución de 1881 [Constitution of 1881] retained the organization of the fuerza pública nacional [National Public Force] into naval and land forces, composed of the Milicia Ciudadana [Citizen Militia] organized by the Estados [States] in conformity with their laws (Art. 91; cont. 1874, Art. 93).
The force under charge of the Federación [Federation] was formed by contingents contributed by the Estados [States] in proportion to their population; the 1874 reference to volunteers no longer appeared (Art. 92; cf. 1874, Art. 94). In time of war, the contingents could be augmented by bodies of the Citizen Militia to the number required by the Gobierno Nacional [National Government] (Art. 93; cont. 1874, Art. 95).
The Gobierno Nacional [National Government] could change the commanders of State contingents in the cases and under the procedures prescribed by national military law, the Estados [States] then providing the necessary replacements (Art. 94; cont. 1874, Art. 96). Civil and military authority could not be exercised simultaneously by the same person or corporation (Art. 95; cont. 1874, Art. 97).
The Gobierno Nacional [National Government] could not station forces or military commanders exercising command within an Estado [State] without the consent of that State’s government (Art. 98; cont. 1874, Art. 100). Neither the Ejecutivo Nacional [National Executive] nor the Ejecutivos de los Estados [State Executives] could intervene by Armed Force in the domestic conflicts of a State; they could only offer their good offices toward a peaceful resolution (Art. 99; cont. 1874, Art. 101).
During electoral periods, the national fuerza pública [Public Force] and that of the Estados [States] were to remain rigorously quartered while popular elections were conducted (Art. 108; cf. 1874, Art. 111: “During the electoral periods of the Nation and the States, the Public Force shall be disarmed; and the respective laws shall determine the manner of effecting it.”).
The fuerza armada [Armed Force] could not deliberate; it was passive and obedient. No armed body could make requisitions or demand assistance except through the civil authorities and in the manner prescribed by law (Art. 113; cont. 1874, Art. 116).
REG-REL—Religión [Religion]
The introductory text of the Constitución de 1881 [Constitution of 1881] did not reproduce the invocation of the Supreme Author and Legislator of the Universe contained in the Preámbulo [Preamble] of 1874 (cf. 1874, Preamble).
The Constitución [Constitution] retained religious liberty and eliminated the 1874 provision reserving to the Roman Catholic and Apostolic Religion the exercise of public worship outside temples (Art. 14, no. 13; cf. 1874, Art. 14, no. 13).
The Nación [Nation] continued to exercise the right of ecclesiastical patronage in the manner prescribed by law (Art. 96; cont. 1874, Art. 98).
REG-SLA—Esclavitud [Slavery]
The Constitución de 1881 [Constitution of 1881] proscribed slavery forever and declared free the slaves who entered the territory of Venezuela (Art. 14, no. 5.2–3; cont. 1874, Art. 14, no. 5.2–3).
ECO-INF—Infraestructura [Infrastructure]
The Constitución de 1881 [Constitution of 1881] reserved to the powers of the Federación [Federation] specified competences over national infrastructure and communications (Arts. 13, 43; cf. 1874, Art. 43).
The Estados [States] reserved to the powers of the Federación [Federation] legislative and executive jurisdiction over maritime, coastal, and river navigation and over caminos nacionales [national roads], understood as those exceeding the limits of one State and leading to the frontiers of another and to the Distrito Federal [Federal District] (Art. 13, no. 9; new).
The Estados [States] ceded to the Federación [Federation] the land necessary for the Distrito Federal [Federal District] and for the erection of fortifications, storehouses, shipyards, penitentiaries, and the other buildings indispensable to the Administración General [General Administration] (Art. 13, nos. 6–7; cf. 1874, Art. 13, no. 3).
The Congreso [Congress] retained the faculty of enabling and securing the ports and maritime coasts of the República [Republic], organizing the national posts, establishing postal charges, and approving contracts concerning national public works (Art. 43, nos. 3–5 and 17; cf. 1874, Art. 43, nos. 3–5 and 17).
The Congreso [Congress] could enact measures conducive to the prosperity of the country and the advancement of the sciences and arts (Art. 43, no. 19; cont. 1874, Art. 43, no. 19). The Nación [Nation] and the Estados [States] were to promote immigration and the colonization of foreigners in conformity with their respective laws (Art. 114; cont. 1874, Art. 117).
CON-FIN—Disposiciones finales [Final Provisions]
The Constitución de 1881 [Constitution of 1881] entered into force upon its official promulgation in each Estado [State]. Public acts and official documents were to continue dating the Federación [Federation] from 20 February 1859 and the Law from 28 March 1864 (Art. 119; cont. 1874, Art. 123).
The newly constituted great Estados [States] were to elect Diputados Seccionales [Sectional Deputies] to compose Asambleas Constituyentes [Constituent Assemblies] charged with sanctioning local constitutions in accord with the principles of the federal Constitution and the laws applicable throughout the territory of each grouping (Art. 120; new; cf. 1874: constitutional silence).
Once the great Estados [States] had been constituted, each was to elect its Presidente [President] and the Diputados [Deputies] and Senadores [Senators] of the Legislatura Nacional [National Legislature], so that the Legislature might be installed on 20 February 1882, elect the Consejo Federal [Federal Council] from its own body, and the Council elect the Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela] (Art. 121; new; cf. 1874: constitutional silence).
The new constitutional period for the offices of the Administración General de la República [General Administration of the Republic] would begin on 20 February 1882, when the current period terminated (Art. 122; cf. 1874, Tít. VIII, Art. 124).
For all acts of the civil and political life of the Estados de la Federación [States of the Federation], the population basis continued to be that determined by the census approved on 6 June 1874 until reformed (Art. 123; new; cf. 1874: constitutional silence).
The Constitución [Constitution] expressly repealed the federal Constitution sanctioned in 1874 (Art. 124; new; cf. 1874: constitutional silence).
The Constitución [Constitution] was given and signed in the Palacio de las Sesiones del Cuerpo Legislativo Federal [Palace of Sessions of the Federal Legislative Body] at Caracas on 4 April 1881 by the members of the Congreso [Congress], and was ordered executed and observed on 27 April 1881 by Presidente [President] Antonio Guzmán Blanco and his Ministros [Ministers].
Note
- The original text of the Constitución de 1881 [Constitution of 1881] may be consulted in the CIDEP (Recopilación de Leyes y Decretos de Venezuela [Compilation of the Laws and Decrees of Venezuela]): https://cidep.online/files/constituciones/1881.pdf
Observations On Perception 