Posts Tagged ‘suffrage’

“Unmasking Disappointment:  Series XXIII”

October 27, 2026

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

Scope and Use

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

Ricardo F. Morín

October 19, 2026

Oakland Park, Florida


25) The Constitution of 1999

The 1999 Constitución de la República Bolivariana de Venezuela [Constitution of the Bolivarian Republic of Venezuela] was approved by the Venezuelan people through constituent referendum on 15 December 1999 and proclaimed by the Asamblea Nacional Constituyente [National Constituent Assembly] in Caracas on 20 December 1999, as recorded in the constitutional closing.  Its final provision makes official-gazette publication, after referendum approval, the condition of commencement.  The closing and compliance formulas name the Constituent Assembly and its President; their printed name variants are recorded under CON-FIN.  The CIDEP recension also reproduces five later amendment readings in footnotes, identified separately under CON-AMD. (CIDEP 1999, Final Provision and closing and compliance formulas, pp. 66–67; amendment notes 1–5, pp. 28–29, 32, 36, 41).

DOC-PRE—Preamble

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

“The people of Venezuela, in exercise of their creative powers and invoking the protection of God, the historical example of our Liberator Simón Bolívar, and the heroism and sacrifice of our Indigenous ancestors and of the precursors and founders of a free and sovereign country;

“For the supreme purpose of refounding the Republic to establish a democratic, participatory, multiethnic, and pluricultural society in which the people take the leading role, within a federal and decentralized State of justice that consolidates the values of liberty, independence, peace, solidarity, the common good, territorial integrity, coexistence, and the rule of law for this and future generations; secures the rights to life, work, culture, education, social justice, and equality without discrimination or subordination of any kind; promotes peaceful cooperation among nations and advances and consolidates Latin American integration in accordance with non-intervention and the self-determination of peoples, the universal and indivisible guarantee of human rights, the democratization of international society, nuclear disarmament, ecological balance, and legally protected environmental interests as the common and irrenounceable patrimony of humanity;

“In exercise of their original power, represented by the National Constituent Assembly through free voting and democratic referendum, decree the following Constitution.”

(CIDEP 1999, p. 4, preamble; cf. 1961, preamble, p. 4:  “in representation of the Venezuelan people, for whom it invokes the protection of Almighty God”).

FND-TER—Territory

The República Bolivariana de Venezuela [Bolivarian Republic of Venezuela] is irrevocably free and independent, with its moral patrimony and values of liberty, equality, justice, and international peace founded upon the doctrine of Simón Bolívar.  Independence, liberty, sovereignty, immunity, territorial integrity, and national self-determination are irrenounceable national rights.  The Republic is a decentralized federal State governed by territorial integrity, cooperation, solidarity, concurrence, and shared responsibility. (Arts. 1, 4; cf. 1961, Arts. 1–2:  “The República de Venezuela [Republic of Venezuela] is a Estado Federal [Federal State], in the terms established by this Constitution.”).

The national symbols are the yellow, blue, and red flag, the anthem Gloria al bravo pueblo, and the republican coat of arms, with characteristics, meanings, and uses prescribed by law.  Castilian remains official; Indigenous languages also have official use for Indigenous peoples and are to be respected throughout the Republic as national and human cultural patrimony. (Arts. 8–9; cf. 1961, Arts. 5–6:  “The official language is Castilian.”).

Territory and geographical spaces derive from the Capitanía General de Venezuela [Captaincy General of Venezuela] before the transformation initiated on 19 April 1810, subject to treaties and arbitral awards not vitiated by nullity.  Sovereignty covers the enumerated continental, insular, lacustrine, fluvial, maritime, aerial, subterranean, and resource spaces.  The insular enumeration names Los Monjes, Las Aves, Los Roques, La Orchila, La Tortuga, La Blanquilla, Los Hermanos, Margarita, Cubagua, Coche, Los Frailes, La Sola, Los Testigos, Patos, and Aves, together with the specified existing or emerging islands, islets, cays, and banks.  Exclusive rights over the contiguous zone, continental shelf, and exclusive economic zone follow international law and statute; rights in overlying outer space and common human patrimony follow agreements and national legislation. (Arts. 10–11; cf. 1961, Art. 7:  “with the modifications resulting from treaties validly concluded by the Republic”).

National territory may not be ceded, transferred, leased, or alienated, even temporarily or partly, to foreign States or other subjects of international law.  Venezuelan geographical space is a zone of peace without foreign military bases or installations having military purposes.  Reciprocal acquisition of diplomatic or consular premises is permitted within the legally designated area, with sovereignty reserved.  Vacant lands in federal dependencies and fluvial or lacustrine islands cannot be alienated or granted in a manner transferring ownership. (Art. 13; cf. 1961, Art. 8:  “to a foreign power”).

Statute establishes a special regime for territories incorporated through their inhabitants’ free determination and National Assembly acceptance.  The State must maintain an integral land, island, and maritime frontier policy protecting territorial integrity, sovereignty, security, defence, national identity, diversity, and the environment; an organic frontier law determines responsibilities and objectives, with special economic allocations suited to each frontier region. (Arts. 14–15; cf. 1961, Art. 15:  “and with the acceptance of Congress”).

Territory comprises States, the Distrito Capital [Capital District], federal dependencies, and federal territories, organized in municipalities.  Organic law regulates political and territorial division, municipal autonomy, and decentralization; creation of federal territories within States requires an approving referendum in the affected entity.  Special law may elevate all or part of a territory to statehood.  Federal dependencies are maritime islands outside a State and islands forming or appearing in the territorial sea or above the continental shelf.  Caracas is the capital and national seat, without excluding national functions elsewhere; special law establishes a two-level metropolitan municipal government integrating the Distrito Capital [Capital District] municipalities and the corresponding Miranda municipalities. (Arts. 16–18; cf. 1961, Arts. 9–14:  “the Distrito Federal [Federal District], Territorios Federales [Federal Territories], and Dependencias Federales [Federal Dependencies]”).

POW-LEG—Congress

The Asamblea Nacional [National Assembly] comprises deputies elected in each federal entity by universal, direct, personalized, secret voting with proportional representation.  The population base is 1.1 per cent of the country’s total population, with three additional deputies per entity and three Indigenous deputies elected according to law and their traditions.  Each deputy has an alternate chosen in the same process.  Deputies serve five years and, in the main text, may be re-elected for at most two consecutive terms.  The later amendment readings are recorded separately under CON-AMD. (Arts. 186, 192; cf. 1961, Arts. 135, 138, 151:  “Legislative Power is exercised by Congress, comprising two Chambers:  the Senate and the Cámara de Diputados [Chamber of Deputies].”).

A deputy must be Venezuelan by birth or naturalized with at least fifteen years’ residence in Venezuela, over twenty-one, and resident for four consecutive years in the represented entity before election.  The National Assembly’s President and Vice-Presidents must be Venezuelan by birth without another nationality. (Arts. 41, 188; cf. 1961, Art. 152:  “To be a Deputy it is required to be Venezuelan by birth and over twenty-one years of age.”).

The listed executive, autonomous-institute, state-enterprise, gubernatorial, and comparable capital officers are ineligible until three months after final separation; other remunerated public officers are subject to the stated electoral-jurisdiction rule and exceptions, with further organic-law exclusions permitted.  Deputies may not own, administer, or direct companies contracting with state legal persons, or pursue private gainful claims before them, and must abstain in economic conflicts of interest.  Acceptance or exercise of public office forfeits legislative investiture, apart from the specified non-exclusive teaching, academic, incidental, or assistance activities. (Arts. 189–191; cf. 1961, Art. 141:  “Senators and Deputies may accept office as Minister, Secretary of the Presidency of the Republic, Governor, head of diplomatic mission, or President of an Autonomous Institute without losing their investiture.”).

The Assembly legislates on national matters, controls government and national administration, promotes participation, decrees amnesties, approves budgets, taxation, borrowing, additional credits, development-plan lines, designated contracts, treaties, appointments, foreign distinctions, military missions, national immovable sales, and qualifying presidential travel.  It protects state interests and autonomy, grants Pantheon honours after twenty-five years, regulates its proceedings and internal security, qualifies members, considers resignations, and administers its own budget and organization.  Temporary separation of a deputy requires two-thirds of those present.  Constitutional reform and censure follow the separate rules recorded below. (Arts. 187(1–9), (11–24); cf. 1961, Arts. 139, 150, 153, 158:  “Congress shall legislate on matters of national competence and on the functioning of the different branches of Poder Nacional [National Power].”).

A censure motion against the Executive Vice-President or a minister is discussed only after two days.  Article 187(10) specifies three-fifths of deputies for removal, and Art. 240 specifies three-fifths of the Assembly’s membership for vice-presidential censure.  Article 246 specifies three-fifths of members present for ministerial censure.  Removal bars the officer from either executive vice-presidential or ministerial office for the remainder of the presidential term.  The consequence of three vice-presidential removals is recorded under POW-EXE. (Arts. 187(10), 240, 246; cf. 1961, Art. 153(2):  “by two-thirds of the Deputies present”).

The Assembly appoints standing, ordinary, special, and temporary investigative commissions.  No more than fifteen standing commissions correspond to national sectors; their creation or suppression requires two-thirds of the membership.  The Assembly annually elects its President and two Vice-Presidents from its members, and a secretary and deputy secretary from outside.  During recess the Comisión Delegada [Delegated Commission] comprises those presiding officers and the standing-commission presidents.  It convokes extraordinary sessions, authorizes presidential travel, additional credits, and urgent public-service changes, appoints temporary commissions, and investigates; public-service authorization requires two-thirds. (Arts. 193–196; cf. 1961, Arts. 178–180:  “a Commission comprising the President, Vice-President, and twenty-one members of Congress”).

Deputies serve exclusively in the people’s interest, maintain contact with electors, report annually, and are subject to recall; a recalled deputy may not seek elective office in the following term.  They are not responsible for votes and opinions expressed in office, answering to electors and the legislative body under the Constitution and rules.  They represent the people and States collectively, remain subject to conscience rather than instructions, and vote personally. (Arts. 197–199, 201; cf. 1961, Art. 142:  “They shall answer only before the respective body according to this Constitution and the rules.”).

Immunity runs from proclamation until the mandate or resignation ends.  The Tribunal Supremo de Justicia [Supreme Tribunal of Justice] has exclusive cognizance of alleged offences and alone may, with prior Assembly authorization, order detention and continue prosecution.  Flagrancy entails custody at the deputy’s residence and immediate notice to the Tribunal.  Officials violating immunity incur criminal responsibility. (Art. 200; cf. 1961, Art. 143:  “until twenty days after the conclusion of the mandate or resignation”).

Laws are acts enacted by the Assembly as legislator; systematic compilations may be Codes.  Organic laws comprise constitutionally designated laws and laws organizing public powers, developing constitutional rights, or providing frameworks for other laws.  Admission of bills not constitutionally designated as organic requires two-thirds of those present; the same qualified vote applies to modification of organic laws.  The Sala Constitucional [Constitutional Chamber] reviews the organic character within ten days before promulgation.  Enabling laws require three-fifths of the membership and prescribe the guidelines, purposes, subject framework, and period of presidential delegation with the rank and force of law. (Arts. 202–203; cf. 1961, Art. 163:  “by an absolute majority of the members of each Chamber”).

Legislative initiative belongs to the executive, Delegated and standing commissions, at least three deputies, the Tribunal Supremo [Supreme Tribunal] on judicial matters, Citizen Power on its organs, Electoral Power on elections, at least 0.1 per cent of registered electors, and state Legislative Councils on state matters.  Elector-initiated bills must begin discussion by the following ordinary session or go to an approving referendum.  States must be consulted through their Legislative Councils on legislation concerning them, with statutory civil-society consultation mechanisms. (Arts. 204–206; cf. 1961, Art. 165(5):  “to a number of electors not below twenty thousand”).

Bills receive two discussions on different days.  First discussion examines reasons, objectives, scope, viability, and articles, followed by a commission report within thirty consecutive days.  Second discussion proceeds article by article; amendments return to commission for incorporation within fifteen consecutive days, and the plenary resolves remaining discrepancies by majority.  Pending bills may continue in later or extraordinary sessions.  Consultation extends to state organs, citizens, and organized society; designated executive, judicial, citizen, electoral, state, and social representatives may speak under the rules. (Arts. 207–211; cf. 1961, Art. 166:  “in each Chamber no fewer than two discussions, on different days and in plenary Chamber”).

The legislative formula names the Asamblea Nacional de la República Bolivariana de Venezuela [National Assembly of the Bolivarian Republic of Venezuela].  Enacted texts are made in duplicate with final wording, the definitive approval date, and signatures of the President, two Vice-Presidents, and secretary; the President of the Assembly sends one copy for promulgation. (Arts. 212–213; cf. 1961, Arts. 171–172:  “The Congreso de la República de Venezuela [Congress of the Republic of Venezuela]”).

Within ten days of receipt the President promulgates or, with Council agreement, requests reasoned changes or removal of sanction in whole or part.  An absolute majority of deputies present resolves the request; the returned law must be promulgated within five days without further observations.  An unconstitutionality objection goes within the ten-day period to the Sala Constitucional [Constitutional Chamber], which has fifteen days to decide.  Rejection of the objection or expiry of the judicial period requires promulgation within five days. (Art. 214; cf. 1961, Art. 173:  “The Chambers in joint session shall decide upon the points raised by the President of the Republic”).

Promulgation is publication with the Cúmplase [Let it be complied with] in the Gaceta Oficial de la República Bolivariana de Venezuela [Official Gazette of the Bolivarian Republic of Venezuela].  Upon presidential omission, the Assembly President and both Vice-Presidents promulgate, without prejudice to responsibility.  The executive determines treaty-approval promulgation under international usage and national convenience.  Laws are repealed by laws and abrogated by referendum subject to constitutional exceptions; partial reform is published as a consolidated text. (Arts. 215–218; cf. 1961, Art. 177:  “Laws are repealed only by other laws”).

Ordinary sessions run from 5 January or the nearest following day through 15 August, and from 15 September or the nearest following day through 15 December.  Extraordinary sessions concern the convocation, connected matters, and matters declared urgent by a majority of the membership.  Rules govern installation, sessions, and commissions; the quorum may never be below an absolute majority of the membership. (Arts. 219–221; cf. 1961, Art. 154:  “on 2 March of each year or the nearest following day and shall last until the following 6 July”).

Legislative control operates through interpellations, investigations, questions, authorizations, approvals, and other lawful mechanisms.  The Assembly may declare political responsibility and request Citizen Power proceedings.  Public officers and private persons must supply information and documents and appear before commissions, with constitutional rights reserved.  Investigation does not displace other public powers; judges must take evidence commissioned by the Assembly or its commissions. (Arts. 222–224; cf. 1961, Art. 160:  “with no less than forty-eight hours’ notice”).

ECO-HAC—Treasury

Everyone must contribute through statutory taxes, charges, and contributions.  National fiscal competence comprises central banking, currency, exchange, finance, capital markets, specified taxes, customs, and fiscal coordination and harmonization.  The system seeks just distribution according to capacity and progression, economic protection, and higher living standards through efficient collection.  Taxes and incentives require law; confiscatory taxation and personal-service payment are barred.  Tax laws fix commencement, otherwise sixty consecutive days apply.  Evasion may be criminally punished, with double punishment for public officers; the national tax administration has technical, functional, and financial autonomy. (Arts. 133, 156(11–15), (21), 316–317; cf. 1961, Arts. 223–226:  “No tax payable in personal service may be established.”).

State revenue comprises property, services, sanctions, fiscal instruments, the Situado Constitucional [constitutional revenue allocation], assigned taxation, transfers, and interterritorial compensation.  The Situado has a maximum of twenty per cent and a minimum of fifteen per cent of estimated ordinary national revenue, subject to the stated financial-sustainability conditions.  Thirty per cent is distributed equally among States and the Distrito Capital [Capital District], and seventy per cent by population.  States invest at least half their share; municipalities receive at least twenty per cent of the State’s Situado and other ordinary revenue.  National budget changes require proportional adjustment. (Art. 167; cf. 1961, Art. 229:  “until reaching a definitive minimum of fifteen per cent (15%)”).

Municipal revenue includes property and ejidos [municipal common lands], service and licence charges, economic-activity, urban-property, vehicle, spectacle, lawful gambling, advertising, land-value increment, and rural-land taxation, transfers, sanctions, and other lawful receipts.  Municipal taxing power is distinct from national or state regulatory powers.  Other territorial entities’ tax immunities extend to their state legal persons, but not concessionaires or contractors.  States and municipalities may not create reserved customs or transit levies, tax goods before local circulation, or discriminate against outside goods; agriculture, livestock, fisheries, and forestry taxation follows national law. (Arts. 179–180, 183; cf. 1961, Arts. 31, 34:  “with taxes other than ordinary retail-commerce taxes”).

Autonomous institutes require law and public interests in entities are subject to state control.  National law determines the creation of functionally decentralized entities undertaking social or business activities, so as to secure reasonable economic and social productivity of invested public resources. (Arts. 142, 300; cf. 1961, Art. 230:  “Autonomous institutes may be created only by law and in conformity with the respective Organic Law.”).

National public-interest contracts require Assembly approval where law prescribes; municipal, state, or national contracts with foreign States, official foreign entities, or non-domiciled companies, and transfers to them, require Assembly approval.  Law may impose nationality, domicile, other conditions, or guarantees.  The Venezuelan-court and no-foreign-claims clause remains incorporated where compatible with the contract’s nature.  The Assembly authorizes qualifying alienation of national private immovables, and the President concludes national-interest contracts under the Constitution and law.  Article 150 contains no corresponding separate authorization sentence on new hydrocarbon concessions. (Arts. 150–151, 187(9), (12), 236(14); cf. 1961, Art. 126:  “the granting of new hydrocarbon concessions”).

Fiscal management follows efficiency, solvency, transparency, responsibility, and balance within a multi-year framework whose expenditure and debt ceilings require legislative sanction.  Ordinary revenue must cover ordinary expenditure; subsurface-resource income is directed towards productive investment, education, and health.  Applicable principles extend to States and municipalities.  Law limits borrowing prudently, and special authorizing legislation accompanies the annual budget, subject to organic-law exceptions.  Only obligations lawfully incurred by legitimate national organs are recognized.  Presidential powers include treasury administration and negotiation of national loans. (Arts. 311–312, 236(11–12); cf. 1961, Arts. 231–233:  “Loans shall not be contracted except for productive works”).

The annual budget requires law; failure to submit it on time or legislative rejection continues the existing budget.  The Assembly may alter appropriations but may not reduce public receipts or authorize expenditure above the project’s estimates.  Unprovided or insufficiently funded necessary expenditure requires available treasury resources, prior Council approval, and Assembly or Delegated Commission authorization.  Public budgets identify objectives, expected results, responsible officers, and practicable performance indicators.  The executive renders budget-execution accounts and balances within six months after year-end. (Arts. 313–315, 187(6–7), 196(3), 236(13); cf. 1961, Art. 228:  “but shall not authorize expenditure exceeding the revenue estimates of the respective Budget Bill”).

The Banco Central de Venezuela [Central Bank of Venezuela] exercises national monetary competence exclusively and obligatorily, with public legal personality and policy autonomy.  Its fundamental object is price stability and preservation of the currency’s internal and external value.  The unit is the bolívar; a treaty-based common Latin American and Caribbean currency may be adopted.  Functions include monetary and exchange policy, currency, credit, interest rates, and international reserves, coordinated with general economic policy. (Art. 318; new; 1961, Art. 136(7):  no corresponding constitutional organization of the Central Bank).

The Central Bank reports policies, goals, results, and macroeconomic variables to the Assembly, undergoes comptroller and banking supervision and external audit, and submits its operating budget for legislative approval.  Unjustified failure of objectives may entail directors’ removal and administrative sanctions.  The Bank is not subordinate to executive directives and may not validate or finance deficit fiscal policies.  An annual published agreement coordinates finance-ministry and Bank policies and accountability.  Statute establishes a macroeconomic stabilization fund protecting public expenditure against ordinary-revenue fluctuations. (Arts. 319–321; new; 1961, Arts. 223–239:  no corresponding Central Bank accountability, macroeconomic-policy agreement, or stabilization-fund provisions).

The Contraloría General de la República [Office of the Comptroller General of the Republic] is an autonomous organ of Citizen Power controlling public receipts, expenditure, assets, debt, and related operations.  It inspects, investigates, makes objections, imposes lawful administrative sanctions, requests prosecution, and evaluates management.  The Contralor [Comptroller] serves seven years, must be Venezuelan by birth without another nationality, over thirty, and demonstrably qualified and experienced.  Appointment follows the Citizen Power procedure recorded under POW-JUD; organization and the national fiscal-control system follow law. (Arts. 273, 279, 287–290; cf. 1961, Arts. 234–239:  “is an auxiliary organ of Congress in its control of the Hacienda Pública [Public Treasury]”).

The Contraloría General de la Fuerza Armada Nacional [Office of the Comptroller General of the National Armed Force] forms part of the national control system and audits armed-forces receipts, expenditure, and assets without diminishing the national Contraloría’s competence.  Its head is chosen through a competitive examination; organization follows law. (Art. 291; new; 1961, Arts. 234–239:  no corresponding constitutional organization of a separate armed-forces comptroller).

POW-EXE—Executive

Venezuela constitutes a democratic and social State of Law and Justice, with the enumerated human, democratic, ethical, and pluralist values.  State purposes comprise human dignity and development, democratic popular will, justice, peace, prosperity, welfare, and constitutional guarantees; education and work are fundamental means.  Sovereignty belongs inalienably to the people, exercised directly under the Constitution and law and indirectly through suffrage.  Government is democratic, participatory, elective, decentralized, alternating, responsible, pluralist, and subject to recall.  The Constitution is supreme and binds all persons and state organs.  Art. 2 ends with the printed word “de”. (Arts. 2–3, 5–7; cf. 1961, Arts. 3–4:  “democratic, representative, responsible, and alternating”).

Public power is distributed among municipal, state, and national orders; national power is divided into legislative, executive, judicial, citizen, and electoral branches, with distinct functions and cooperation.  Constitutional and statutory competence binds public organs.  Usurpation is ineffective and its acts null; abuse, misuse of power, and constitutional or legal violation entail individual responsibility.  The State bears patrimonial responsibility for injuries attributable to public administration. (Arts. 136–140; cf. 1961, Arts. 117–121, 135:  “Each branch of Poder Público [Public Power] has its own functions”).

Public administration serves citizens under honesty, participation, promptness, efficacy, efficiency, transparency, accountability, responsibility, and submission to law.  Citizens may obtain timely truthful information about proceedings affecting them and final decisions, and access administrative archives subject to lawful democratic limits protecting security, criminal investigation, and privacy.  Officials reporting matters within their responsibility may not be censored. (Arts. 141, 143; cf. 1961, Art. 122:  “Public employees serve the State and no faction.”).

A public-service statute regulates entry, advancement, transfer, suspension, retirement, qualifications, and social security.  Political affiliation cannot determine appointment or removal.  Career entry follows public competition and merit, subject to the enumerated exceptions.  Remuneration must be budgeted; law regulates scales, limits, and pensions.  A second paid public post ordinarily entails resignation from the first, with specified exceptions; multiple pensions require express legal permission.  Public contracting by servants is barred except under law, and foreign offices, honours, and rewards require Assembly authorization. (Arts. 144–149; cf. 1961, Arts. 122–125:  “without the corresponding prior Senate authorization”).

International relations follow sovereignty, popular interests, independence, equality, self-determination, non-intervention, peaceful settlement, cooperation, human rights, and emancipatory solidarity.  Latin American and Caribbean integration may involve treaty-based exercise of powers by supranational organizations; integration rules become directly and preferentially applicable domestic law.  Treaties require Assembly approval before presidential ratification, subject to the listed exceptions for existing obligations, recognized principles, ordinary relations, or express statutory powers.  Compatible peaceful-settlement clauses remain required. (Arts. 152–155; cf. 1961, Arts. 108, 128–129:  “The Republic shall favour Latin American economic integration.”).

Executive power is exercised by the President, Executive Vice-President, ministers, and other designated officers.  The President heads the State and national executive and directs government.  Eligibility requires Venezuelan birth, no other nationality, age over thirty, lay status, no final criminal conviction, and other constitutional requirements.  Universal, direct, secret voting elects the candidate with the greatest number of valid votes.  Service as Executive Vice-President, minister, Governor, or mayor at nomination or before election disqualifies. (Arts. 225–229; cf. 1961, Arts. 181–184:  “nor his relatives within the third degree of consanguinity or second of affinity”).

The main text fixes a six-year presidency and permits immediate re-election once for a further term.  The separately reproduced 2009 amendment reading is recorded under CON-AMD. (Art. 230; cf. 1961, Arts. 135, 185:  “within the ten years following the termination of his mandate”).

The elected President takes office on 10 January of the term’s first year by oath before the Assembly or, for a supervening impediment, before the Tribunal Supremo [Supreme Tribunal].  The President is responsible for official acts and obligations and must protect rights, independence, territorial integrity, sovereignty, and defence; exception does not alter executive responsibility.  A personal annual political, economic, social, and administrative message is due within ten days after ordinary Assembly installation. (Arts. 231–232, 237; cf. 1961, Arts. 186, 191–192:  “personally or through one of the Ministers”).

Permanent presidential absence comprises death, resignation, judicial removal, medically certified permanent incapacity approved by the Assembly, abandonment declared by the Assembly, and popular recall.  Before assumption of office, a new universal, direct, secret election must occur within thirty consecutive days and the Assembly President acts meanwhile.  During the first four years, election follows within thirty consecutive days and the Executive Vice-President acts pending assumption; the elected successor completes the term.  During the final two years the Executive Vice-President completes it. (Art. 233; cf. 1961, Art. 187:  “shall proceed within the following thirty days to elect a new President by secret vote in an expressly convoked joint session”).

The Executive Vice-President supplies temporary presidential absence for up to ninety days, extendible by the Assembly for ninety more.  After ninety consecutive days the Assembly decides by a majority of its members whether the absence is permanent.  Presidential travel abroad requires Assembly or Delegated Commission authorization when exceeding five consecutive days. (Arts. 234–235; cf. 1961, Arts. 188–189:  “The President, or whoever acts in his place, may not leave National Territory without authorization of the Senate or Comisión Delegada [Delegated Commission].”).

Presidential powers comprise constitutional and statutory enforcement, direction of government, executive appointments, foreign relations and treaties, military command, exception measures, enabling-law decrees, extraordinary legislative convocation, regulation without altering legislative spirit, purpose, or reason, fiscal administration, contracts, specified appointments, special messages, the development plan, pardons, executive organization, constitutionally permitted Assembly dissolution, referendums, and defence consultation.  The enumerated functions require Council action; acts other than ministerial and vice-presidential appointment or removal and supreme hierarchical military authority require vice-presidential and relevant ministerial countersignature. (Art. 236; cf. 1961, Art. 190:  “Issue extraordinary measures in economic or financial matters”).

The Executive Vice-President is the President’s direct organ and immediate collaborator, must possess presidential qualifications, and may have no blood or affinity relationship with the President.  Functions include governmental collaboration, administrative coordination, proposals for ministers, authorized Council presidency, legislative relations, presidency of the Consejo Federal de Gobierno [Federal Council of Government], residual appointments, temporary presidential substitution, delegated powers, and statutory duties.  The officer bears constitutional and legal responsibility. (Arts. 238–239, 241; new; 1961, Arts. 181–199:  no corresponding permanent Executive Vice-Presidency).

Three Executive Vice-Presidents removed by censure within one constitutional term empower the President to dissolve the Assembly.  Dissolution calls elections for a new legislature within sixty days and is unavailable during the Assembly’s final year. (Arts. 240, 236(21); new; 1961, Arts. 138–199:  no corresponding presidential power to dissolve the legislature following vice-presidential censures).

The President, Executive Vice-President, and ministers form the Council.  The Vice-President may preside by authorization in the President’s absence, with presidential ratification of decisions.  Participating members are jointly responsible unless their adverse vote is recorded.  Ministers of State may advise without a designated department.  Ministers require Venezuelan nationality and age over twenty-five, subject to constitutional exceptions.  Reasoned departmental reports are due within the first sixty days of each year.  Ministers may speak but not vote in the Assembly and commissions; censure follows the distinct thresholds recorded under POW-LEG. (Arts. 242–246; cf. 1961, Arts. 193–199:  “to be Venezuelan by birth, over thirty years of age, and of lay status”).

The Consejo de Estado [Council of State] is the government’s and national administration’s highest consultative organ for policies on nationally important matters referred by the President.  The Executive Vice-President presides, with five presidential designees, one representative each of the Assembly and Tribunal Supremo [Supreme Tribunal], and a Governor selected by the Governors collectively.  Law determines functions and powers. (Arts. 251–252; new; 1961, Arts. 181–203:  no corresponding constitutional Council of State).

POW-JUD—Judiciary

Judicial authority emanates from citizens and is administered in the Republic’s name under law.  The justice system comprises the Tribunal Supremo de Justicia [Supreme Tribunal of Justice], other courts, Ministerio Público [Public Ministry], public defence, criminal-investigation organs, judicial personnel, prisons, alternative justice, participating citizens, and authorized lawyers.  Judicial power is independent; the Tribunal has functional, financial, and administrative autonomy.  The justice system receives at least two per cent of the ordinary national budget, with reductions or modifications requiring prior Assembly authorization, and may not charge for services.  Judicial entry and promotion require public competitive examinations, citizen participation, and professional formation; appointment and oath belong to the Tribunal Supremo [Supreme Tribunal].  Removal, suspension, and personal responsibility follow law. (Arts. 253–255, 156(31–32); cf. 1961, Arts. 204–205, 207–210:  “In exercising their functions judges are autonomous and independent of the other organs of Poder Público [Public Power].”).

Magistrates, judges, prosecutors, and public defenders may vote but may not conduct partisan, professional-association, union, or similar activism while in office, undertake incompatible gainful activities, or hold other public functions except education.  Judges may not associate among themselves.  Procedure is an instrument of justice, to be simplified, uniform, effective, brief, oral, and public without sacrifice to non-essential formalities.  Community justices of the peace are elected by universal, direct, secret vote; statute promotes arbitration, conciliation, mediation, and other alternatives. (Arts. 256–258; cf. 1961, Art. 207:  “to secure the suitability, stability, and independence of judges”).

Contentious-administrative jurisdiction belongs to the Tribunal Supremo [Supreme Tribunal] and statutory courts, with powers to annul unlawful general or individual administrative acts, including misuse of power, award money and compensation for administrative responsibility, hear public-service claims, and restore injured individual legal situations. (Art. 259; cf. 1961, Art. 206:  “provide what is necessary to restore individual legal situations injured by administrative activity”).

Legitimate Indigenous authorities may administer justice within their habitat under ancestral traditions and their own rules for members, subject to the Constitution, law, and public order, with statutory coordination.  Military criminal jurisdiction belongs to judicial power, uses competitively selected judges and accusatory procedure, and is confined to military offences.  Common offences, human-rights violations, and crimes against humanity go to ordinary courts.  Law regulates other special jurisdictions and courts. (Arts. 260–261; new; 1961, Arts. 204–217:  no corresponding express Indigenous jurisdiction or constitutional limitation of military courts to military offences).

The Tribunal Supremo [Supreme Tribunal] functions in Full Court and Constitutional, Political-Administrative, Electoral, Civil Cassation, Criminal Cassation, and Social Cassation Chambers; the Social Chamber includes agrarian, labour, and juvenile cassation.  Magistrates must be Venezuelan by birth without another nationality, honourable, and jurists of recognized competence meeting the specified fifteen-year professional, professorial, or judicial alternatives.  They serve one twelve-year term.  Social-sector nominations, community consultation, Judicial Nominations Committee and Citizen Power screening precede definitive Assembly selection, with reasoned public objections permitted.  Removal requires two-thirds of the Assembly after hearing and Citizen Power classification of grave misconduct. (Arts. 262–265, 270; cf. 1961, Arts. 212–214:  “for periods of nine years, but shall be renewed by thirds every three years”).

The Tribunal Supremo [Supreme Tribunal] exercises constitutional jurisdiction; determines grounds for presidential prosecution and continues after Assembly authorization; determines grounds concerning the enumerated senior officials and follows the specified referral and common-offence procedure; resolves public-entity administrative controversies; annuls executive administrative acts; interprets legal texts; settles judicial-competence disputes; and hears cassation.  Constitutional functions belong to the Sala Constitucional [Constitutional Chamber], senior-official proceedings to Full Court, and the designated administrative matters to the Political-Administrative Chamber. (Art. 266; cf. 1961, Arts. 215–216:  “shall be exercised by the Court in full”).

The Tribunal Supremo [Supreme Tribunal] directs, governs, administers, inspects, and budgets for the judiciary and public defence, creating an executive magistracy directorate and regional offices.  Statutory disciplinary courts apply the judicial ethics code through public, oral, brief proceedings with due process.  Law secures public-defence autonomy, organization, discipline, suitability, and career benefits, and organizes judicial circuits and regional courts for administrative and jurisdictional decentralization. (Arts. 267–269; cf. 1961, Art. 217:  “The respective Organic Law shall create the Consejo de la Judicatura [Council of the Judiciary]”).

Extradition of foreigners responsible for the enumerated offences concerning capital, drugs, international organized crime, other States’ public patrimony, and human rights may not be refused.  Actions punishing offences against human rights or public patrimony or drug trafficking do not prescribe.  Judicial confiscation, preventive property measures, and public, oral, brief proceedings with due process are provided.  The recension prints “deslegitimación de capitales”. (Art. 271; new; 1961, Arts. 45, 102, 136(4), 250:  no corresponding combined extradition, non-prescription, and criminal-asset procedure).

The State guarantees a penitentiary system protecting human rights and rehabilitation, with work, education, sport, recreation, qualified professional direction, and decentralized state or municipal administration, with possible privatization modalities.  Open regimes, agricultural penal colonies, and non-custodial alternatives receive preference.  Post-release assistance and an autonomous technical penitentiary entity are provided. (Art. 272; cf. 1961, Art. 136(24):  “civil, commercial, criminal, penitentiary, and procedural legislation”).

Citizen Power is exercised by the Consejo Moral Republicano [Republican Moral Council], comprising the Defensor del Pueblo [Ombudsman], Fiscal General, and Contralor General [Comptroller General].  Its organs are independent and possess functional, financial, and administrative autonomy; their heads choose an annually renewable Council president.  Functions cover public ethics, administrative morality, public patrimony, legality, and civic education.  The Council issues warnings and lawful sanctions, reports failures to the competent authority, publishes annual and requested reports, and may demand urgent priority cooperation and classified documents under statutory safeguards. (Arts. 273–278; new; 1961, Arts. 218–222, 234–239:  no corresponding Citizen Power or Republican Moral Council).

A social-sector committee publicly evaluates Citizen Power candidates and submits a triplicate list for each office.  Two-thirds of the Assembly chooses within thirty consecutive days; failure of agreement sends the list to popular consultation by Electoral Power.  If the committee has not been convoked, the Assembly appoints within the statutory period.  Removal by the Assembly requires a prior Tribunal Supremo [Supreme Tribunal] pronouncement under law. (Art. 279; cf. 1961, Arts. 219, 238:  “The Chambers in joint session shall elect the Comptroller General of the Republic”).

The Defensoría del Pueblo [Ombudsman’s Office] promotes, defends, and supervises constitutional and treaty rights and legitimate collective or diffuse interests.  Its head serves one seven-year term and must be Venezuelan by birth without another nationality, over thirty, qualified in human rights, and meet statutory ethical requirements.  Powers include investigation, public-service oversight, constitutional and protective actions, prosecution and corrective requests, legislative initiatives, Indigenous-rights protection, inspections, recommendations, and human-rights education.  Functional immunity places cases exclusively before the Tribunal Supremo [Supreme Tribunal].  Organization follows gratuity, accessibility, promptness, informality, and action of its own motion. (Arts. 280–283; new; 1961, Arts. 218–222:  no corresponding constitutional Ombudsman’s Office).

The Ministerio Público [Public Ministry] is directed by the Fiscal General de la República [Prosecutor General of the Republic], with Supreme Tribunal qualifications and a seven-year term.  It guarantees constitutional and treaty rights, prompt lawful justice, prior trial and due process; directs criminal investigation; brings public criminal and official-responsibility actions; and preserves others’ rights and actions.  Statute organizes national, state, and municipal functions and secures suitability, probity, stability, and prosecutorial careers.  Citizen Power appointment follows Art. 279. (Arts. 284–286; cf. 1961, Arts. 218–222:  “within the first thirty days of each constitutional period”).

The Procuraduría General de la República [Office of the Procurator General of the Republic] separately advises, defends, and represents republican patrimonial interests in and out of court and must be consulted on approval of national public-interest contracts.  The Procurator directs it with statutory collaborators, meets Supreme Tribunal qualifications, and is appointed by the President with Assembly authorization.  The Procurator attends Council meetings with a right to speak.  Organic law governs organization, competence, and functioning. (Arts. 247–250; cf. 1961, Arts. 200–203:  “when convoked to them by the President of the Republic”).

All judges must uphold constitutional integrity and apply the Constitution over incompatible legal norms, including of their own motion.  The Sala Constitucional [Constitutional Chamber] alone annuls the enumerated directly constitutional or law-ranking public acts; it reviews treaties before ratification, exception decrees, legislative omissions, conflicts of laws, constitutional controversies, and final protective or constitutional-review judgments.  It may fix periods and guidelines to correct legislative omissions.  Its constitutional interpretations bind the other chambers and courts; the Tribunal Supremo [Supreme Tribunal] is the supreme and final constitutional interpreter.  Art. 334 begins “Todos Todos”. (Arts. 334–336; cf. 1961, Art. 215(3):  “Declare the total or partial nullity of national laws and other legislative-body acts conflicting with this Constitution”).

POW-SUB—Subnational Government

States are autonomous, politically equal legal persons obliged to preserve independence, sovereignty, and territorial integrity and enforce constitutional law.  Exclusive competence includes their constitutions, local organization, property, revenue, unreserved non-metallic minerals, saltworks, pearl beds, vacant lands, police, fiscal instruments, services, state roads, coordinated national highways and commercial ports and airports, and residual matters.  National framework and state implementing laws regulate concurrent powers under coordination, cooperation, shared responsibility, and subsidiarity; States transfer manageable services and resources to municipalities under state law. (Arts. 159, 164–165; cf. 1961, Arts. 16–18:  “States are autonomous and equal as political entities.”).

Governors must be Venezuelan, over twenty-five, and lay.  They are elected for four years by a majority of those voting, with one immediate re-election permitted in the main text.  They report publicly and annually to the state Contralor [Comptroller], Legislative Council, and planning council.  A seven-to-fifteen-member Consejo Legislativo [Legislative Council] proportionally represents the State’s population and municipalities, legislates, and sanctions the budget.  Deputy qualifications, reporting, and territorially limited immunity apply as appropriate; legislators serve four years with at most two consecutive re-elections in the main text.  Later amendment readings appear under CON-AMD. (Arts. 160–162; cf. 1961, Arts. 19–24:  “Governors shall be freely appointed and removed by the President of the Republic”).

Each State has an organically and functionally autonomous Contraloría, headed through public competition guaranteeing suitability, independence, and neutrality, without diminishing national comptroller powers.  Each also has a Governor-presided Consejo de Planificación y Coordinación de Políticas Públicas [Council for Planning and Coordination of Public Policies], including mayors, state ministerial directors, legislative and municipal representatives, and organized communities, including Indigenous communities where present. (Arts. 163, 166; new; 1961, Arts. 16–24, 235:  no corresponding express state comptroller or state planning-council organization).

Municipalities retain legal personality and autonomy over elections, local matters, and revenue, with effective citizen participation and judicial challenge of acts.  Constitutional, national organic, and state law may establish different democratic local regimes, including Indigenous-population options.  Municipalities may form associations or metropolitan districts; popular consultation, state legislation, or national action governs the specified territorial arrangements.  Local parishes and other entities promote neighbourhood initiative, decentralization, participation, and services without becoming mandatory exhaustive territorial divisions. (Arts. 168–173; cf. 1961, Arts. 25–29:  “Municipalities may be grouped in Districts.”).

The mayor governs and administers the municipality as its first civil authority, must be Venezuelan, over twenty-five, and lay, and is elected for four years by a majority of voters, with one immediate re-election in the main text.  Elected councillors exercise legislation.  The municipal Contraloría audits local revenue, expenditure, assets, and operations under a head chosen by the Council through public competition.  National law may prescribe residence, eligibility, disqualification, and incompatibility rules.  The later mayoral amendment is recorded under CON-AMD. (Arts. 174–177; cf. 1961, Arts. 27, 29:  “In every case municipal organization shall be democratic and conform to the nature of local government.”).

Municipal competence comprises local planning, housing, tourism, recreation, roads, transport, spectacles, advertising, environment, sanitation, civil protection, primary health, social care, preschool education, culture, sport, utilities, cemeteries, peace justice, and police, with national and state competences reserved.  Ejidos remain inalienable and imprescriptible subject to lawful ordinance exceptions; unowned urban land and urban vacant lands become ejidos [municipal common lands] without prejudice to legitimate third-party rights, with Indigenous lands excepted.  A mayor-presided local planning council includes councillors, parish presidents, and neighbourhood and social representatives.  Revenue is recorded under ECO-HAC. (Arts. 178, 181–182; cf. 1961, Arts. 30–32:  “They may be alienated only for construction”).

An Assembly majority may assign national matters to States or municipalities to promote decentralization.  Law creates flexible transfers of manageable services to organized communities and neighbourhood groups, participatory investment and service control, social-economy institutions, co-management, and local public-service enterprises.  The Consejo Federal de Gobierno [Federal Council of Government] plans and coordinates transfers, presided over by the Executive Vice-President with ministers, Governors, one mayor per State, and organized society.  Its secretariat comprises the Executive Vice-President, two ministers, three Governors, and three mayors; an interterritorial fund finances balanced regional development and priority services. (Arts. 157–158, 184–185; cf. 1961, Art. 137:  “by the vote of two-thirds of the members of each Chamber”).

CON-AMD—Amending the Constitution

An amendment adds or modifies articles without altering fundamental structure.  Initiative belongs to fifteen per cent of registered citizens, thirty per cent of the Assembly, or the President in Council.  Legislative initiative requires a majority of the Assembly and ordinary legislative procedure.  Electoral Power submits amendments to referendum within thirty days after formal receipt.  Approved amendments are numbered and printed after the Constitution without altering its text, with number and date noted beneath affected articles. (Arts. 340–341; cf. 1961, Art. 245:  “ratified by two-thirds of the Assemblies”).

Reform is partial revision or substitution without changing fundamental structure and principles.  Initiative belongs to an Assembly majority, the President in Council, or at least fifteen per cent of registered electors.  The Assembly conducts first discussion in the presentation session, second by title or chapter, and third article by article, approving within two years by two-thirds of its membership. (Arts. 342–343; cf. 1961, Art. 246:  “general reform”).

An approved reform goes to referendum within thirty days of sanction.  Voting is on the whole, with up to a third separately votable upon the specified legislative, presidential, or elector initiative.  More affirmative than negative votes approve.  A rejected reform initiative cannot return in the same constitutional term.  The President promulgates amendments or reforms within ten days of approval, with substitute promulgation upon omission. (Arts. 344–346; cf. 1961, Arts. 247–249:  “Rejected amendment or reform initiatives may not be presented again in the same constitutional period.”).

The people are the repository of original constituent power and may convoke an Asamblea Nacional Constituyente [National Constituent Assembly] to transform the State, create a new legal order, and draft a Constitution.  Convocation initiative belongs to the President in Council, two-thirds of the Assembly, municipal councils in cabildos by the prescribed two-thirds vote, or fifteen per cent of registered electors.  The President may not object to the new Constitution; constituted powers may not impede constituent decisions.  After promulgation the new Constitution is published in the official or constituent gazette. (Arts. 347–349; new; 1961, Arts. 245–249:  no corresponding permanent Constituent Assembly procedure).

The Constitution retains force despite displacement by force or purported repeal outside its own procedure; every citizen, with or without authority, must assist restoration.  The people, faithful to republican tradition, independence, peace, and liberty, are to disown any regime, legislation, or authority contrary to democratic values, principles, and guarantees or impairing human rights. (Arts. 333, 350; cf. 1961, Art. 250:  “This Constitution shall not lose its force if it ceases to be observed through an act of force”).

Later Amendment Readings (2009)

The recension separately reproduces five later amendment readings in footnotes, each labelled “Enmienda N° 1 del 14-01-2009”.  They retain the four-year gubernatorial, state-legislative, and mayoral terms, the five-year deputy term, and the six-year presidency while replacing the main text’s limits on consecutive re-election with permission to be re-elected.  These are the footnotes’ stated label and later readings, separately identified here without incorporating them into the 1999 main text. (CIDEP 1999, amendment notes 1–5, pp. 28–29, 32, 36, 41).

CIV-SUF—Suffrage

Citizenship gives Venezuelans the political rights and duties prescribed for their age and status, subject to civil interdiction and political disqualification.  Political rights are generally reserved to Venezuelans, with specified early-arriving naturalized residents enjoying birth-national rights.  Citizens participate directly or through elected representatives.  Suffrage is a right exercised freely, universally, directly, and secretly with personalized voting and proportional representation.  Venezuelans who have completed eighteen may vote; qualifying foreigners of eighteen with over ten years’ residence receive parish, municipal, and state voting.  Electors may demand public, transparent, periodic reports against representatives’ programmes. (Arts. 39–40, 62–64, 66; cf. 1961, Arts. 110–113:  “Its exercise shall be obligatory within the limits and conditions established by law.”).

Final convictions for offences committed in public functions or affecting public patrimony disqualify candidates for elected office for the statutory period after completion of sentence, according to the offence’s gravity.  The political-rights provisions contain no general literacy qualification corresponding to that of the antecedent. (Arts. 39–42, 62–67; cf. 1961, Art. 112:  “electors who can read and write, over twenty-one years of age”).

Political associations must organize and select leaders and candidates democratically through internal elections.  State financing is prohibited; private finance, campaigns, expenditure limits, and supervision follow law.  Citizens and associations may nominate candidates; association leadership may not contract with public entities.  Political and social participation includes elections, referendums, consultation, recall, popular initiatives, open cabildos, binding citizen assemblies, self-management, co-management, cooperatives, savings institutions, and community enterprises under law. (Arts. 67, 70; cf. 1961, Art. 114:  “by democratic methods, in the orientation of national policy”).

Nationally important matters may undergo consultation on initiative of the President in Council, an Assembly majority, or ten per cent of registered electors.  Parish, municipal, and state consultation may be initiated by the respective representative body’s two-thirds vote, its executive officer, or ten per cent of the local electoral register. (Art. 71; new; 1961, Arts. 110–116, 246:  no corresponding general consultative-referendum procedure).

All popularly elected offices and magistracies are revocable.  After half the term, twenty per cent of registered constituency electors may request recall.  Recall requires affirmative voters at least equal to those who elected the officer and participation of at least twenty-five per cent of the register, followed by filling the permanent vacancy.  Law regulates collegiate-body recall, and only one recall request may be made during the officer’s term. (Art. 72; new; 1961, Arts. 110–116, 135–153, 181–189:  no corresponding general popular-recall procedure).

Two-thirds of the Assembly may submit a bill to an approving referendum, with twenty-five per cent registered-elector participation required for enactment.  Sovereignty-affecting or supranational-power treaties may be submitted by the President in Council, two-thirds of the Assembly, or fifteen per cent of electors.  Law-abrogation initiative belongs to ten per cent of electors or the President in Council; five per cent may request abrogation of enabling-law decrees.  Forty per cent participation is required.  The listed budget, tax, credit, amnesty, human-rights, and treaty laws are excluded; the same subject may undergo only one abrogative referendum per term. (Arts. 73–74; new; 1961, Arts. 110–116, 126, 128, 177:  no corresponding general legislative, treaty, or abrogative-referendum procedures).

Indigenous peoples receive national and qualifying territorial legislative representation.  The Assembly, President, and justices of the peace are chosen under their respective direct-voting rules.  Active military members expressly receive suffrage but may not seek elected office or conduct political propaganda, militancy, or proselytism.  Legislative and presidential qualifications are recorded under POW-LEG and POW-EXE. (Arts. 125, 186, 228, 258, 330; cf. 1961, Arts. 111–113, 131:  “Electors are all Venezuelans who have completed eighteen years of age”).

Electoral Power is exercised by the Consejo Nacional Electoral [National Electoral Council], with national electoral, civil-and-electoral registry, and political-participation-and-finance organs.  It regulates electoral law, administers its own budget, issues finance and publicity directives, annuls elections, conducts public elections and referendums, organizes specified association elections, maintains the registry, and supervises political organizations and finance.  Organic independence, functional and budgetary autonomy, non-partisanship, impartiality, participation, decentralization, and transparent prompt voting govern.  A social-sector nominations committee precedes Assembly appointment of five politically unaffiliated members by two-thirds, for staggered seven-year terms:  three civil-society nominees at the beginning of the Assembly period and one university and one Citizen Power nominee at its midpoint, with the prescribed six, two, and two alternates respectively.  Removal requires a prior Tribunal Supremo [Supreme Tribunal] pronouncement. (Arts. 292–296; cf. 1961, Art. 113:  “so that no political party or grouping predominates in them”).

Contentious-electoral jurisdiction belongs to the Tribunal Supremo [Supreme Tribunal]’s Electoral Chamber and statutory courts.  Electoral-process law may not be modified during the six months preceding election day or on that day. (Arts. 297–298; new; 1961, Arts. 110–116, 204–217:  no corresponding express electoral jurisdiction or six-month electoral-law restriction).

CIV-CIT—Citizenship

Birth nationality comprises birth in the Republic; foreign birth to two Venezuelan-born parents; foreign birth to one Venezuelan-born parent followed by residence or declaration; and foreign birth to a naturalized Venezuelan parent followed by residence before eighteen and declaration before twenty-five. (Art. 32; cont., 1961, Art. 35).

Certificate naturalization requires ten years’ uninterrupted immediately preceding residence, reduced to five for persons holding original Spanish, Portuguese, Italian, Latin American, or Caribbean nationality.  Foreign spouses may declare after at least five years of marriage.  Foreign minors under the parental authority of a newly naturalized parent may declare before twenty-one after five years’ uninterrupted residence. (Art. 33; cf. 1961, Arts. 36–37:  “The foreign woman married to a Venezuelan”).

Acquiring or choosing another nationality does not forfeit Venezuelan nationality.  Birth nationals may not be deprived of it; naturalization is revocable only by judicial sentence under law.  Nationality may be renounced.  Birth-national recovery requires domicile for at least two years and declaration; naturalized recovery repeats Art. 33 requirements.  The State promotes nationality treaties; law regulates acquisition, choice, renunciation, recovery, revocation, and nullity.  Loss or renunciation entails loss of citizenship, whose exercise or political rights may be suspended only by final judicial sentence in statutory cases. (Arts. 34–38, 42; cf. 1961, Art. 39(1):  “Through choice or voluntary acquisition of another nationality”).

The enumerated presidential, vice-presidential, legislative-presiding, judicial, electoral-presiding, procuratorial, fiscal, comptroller, ombudsman, specified ministerial, frontier gubernatorial and mayoral, and military-law offices require Venezuelan birth without another nationality.  Naturalized holders of the other listed legislative, ministerial, non-frontier gubernatorial, and mayoral offices require domicile with at least fifteen years’ uninterrupted residence and lawful qualifications. (Art. 41; cf. 1961, Arts. 45, 112, 152, 182, 195, 213:  “to be Venezuelan by birth”).

RTS-GAR—Rights

The State guarantees progressive, non-discriminatory, irrenounceable, indivisible, and interdependent human rights.  Free personal development is limited by others’ rights and public and social order.  Equality includes positive measures for vulnerable or marginalized persons, effective legal and administrative protection, no hereditary distinctions, and citizen as the ordinary official treatment.  Unenumerated inherent rights remain enforceable without implementing law.  Ratified human-rights treaties have constitutional rank and domestic precedence where more favourable, with immediate direct application. (Arts. 19–23; cf. 1961, Arts. 43, 50, 61:  “Absence of implementing legislation for these rights does not diminish their exercise.”).

Non-retroactivity permits the lesser-penalty exception; procedural law applies immediately, with favourable treatment of already received criminal evidence and application of the favourable rule in doubt.  Rights-violating public acts are null; officials incur criminal, civil, and administrative responsibility without excuse from superior orders.  Everyone may seek timely effective judicial protection of rights and interests, including collective or diffuse interests, through free, accessible, impartial, transparent, autonomous, independent, responsible, equitable, and expeditious justice without undue delay or useless formalism. (Arts. 24–26; cf. 1961, Arts. 44, 46, 68:  “superior orders manifestly contrary to the Constitution and laws”).

Judicial amparo protects constitutional and inherent personal rights through oral, public, brief, free, informal proceedings, with immediate restoration or its closest equivalent.  All times are available and the matter receives priority.  Any person may seek protection of liberty or security, and the detainee passes immediately into judicial custody.  Exception or restriction of guarantees cannot impair the remedy. (Art. 27; cf. 1961, Art. 49:  “The procedure shall be brief and summary”).

Persons may access data about themselves or their property in public or private registers, discover its use and purpose, and seek judicial updating, rectification, or destruction of erroneous or unlawfully prejudicial data.  Access also extends to information of community or group interest, with journalistic and other lawful professional source confidentiality reserved. (Art. 28; new; 1961, Arts. 59, 63, 68:  no corresponding express personal-data access and correction provision).

The State must investigate and punish official human-rights offences.  Crimes against humanity, grave human-rights violations, and war crimes are imprescriptible; the specified violations go to ordinary courts without pardons, amnesties, or other impunity benefits.  The State must fully compensate attributable human-rights injury, protect ordinary-crime victims, and seek offender reparation.  Persons may petition treaty-created international human-rights organs, and the State must adopt measures to comply with their decisions. (Arts. 29–31; cf. 1961, Arts. 46–47:  “which have not been caused by legitimate authorities in the exercise of their public function”).

Life is inviolable, death punishment is prohibited, and the State protects persons detained, in military or civil service, or otherwise under its authority.  Detention ordinarily requires judicial order, with flagrancy excepted and presentation to judicial authority within forty-eight hours.  Trial in liberty is the rule subject to lawful judicial reasons; bail is untaxed.  Detainees have immediate communication, information, condition-recording, public detention-register, and applicable consular-notification rights.  Penalties are personal, never perpetual or infamous, and confinement may not exceed thirty years.  Authorities must identify themselves; release follows competent order or completed sentence.  Slavery, servitude, and trafficking are prohibited. (Arts. 43–44, 54; cf. 1961, Arts. 48, 58, 60:  “by written order of the official authorized to decree detention”).

Forced disappearance is prohibited even during emergency, exception, or restriction; contrary orders must be disobeyed and reported.  Intellectual and material authors, accomplices, accessories, and attempts incur statutory punishment.  Physical, psychological, and moral integrity exclude torture and cruel, inhuman, or degrading treatment, with rehabilitation for victims, dignified custody, and punishment of official abuse or toleration.  Scientific experimentation and medical or laboratory examinations require free consent subject to the stated life-danger and statutory exceptions. (Arts. 45–46; cf. 1961, Art. 60(3):  “No one may be held incommunicado or subjected to torture”).

The home and private premises are inviolable, subject to judicial entry to prevent crime or execute lawful decisions while respecting dignity; statutory sanitary visits require notice.  Private communications in every form are secret and inviolable, with interference only by competent court order under law and protection of private matters unrelated to the proceeding. (Arts. 47–48; cf. 1961, Arts. 62–63:  “Sanitary visits to be carried out under law may take place only with prior notice”).

Due process governs judicial and administrative action.  Defence, counsel, notice, access to evidence, adequate preparation, exclusion of unlawfully obtained evidence, appeal subject to lawful exceptions, presumed innocence, a competent independent impartial prior tribunal, reasonable time, and interpretation assistance are guaranteed.  Natural judges must be identified; exceptional tribunals are barred.  Compelled confession or incrimination of oneself or the specified family and marital partners is prohibited.  Prior law, no repeated trial, and state or personal reparation for judicial error, unjustified delay, or omission apply. (Art. 49; cf. 1961, Arts. 60, 68–69:  “Persons accused of offences against public affairs may be tried in their absence”).

Movement, domicile, departure, return, and goods transfer remain lawful freedoms; Venezuelans need no entry authorization and may not be sentenced to exile.  Alternative-route access in road concessions follows law.  Petition requires timely adequate response, with statutory sanctions for violation.  Lawful association, unarmed assembly without prior permission, and peaceful manifestation are protected; firearms and toxic substances may not control peaceful demonstrations.  The Republic recognizes asylum and refuge and prohibits extradition of Venezuelans. (Arts. 50–53, 68–69; cf. 1961, Arts. 64, 67, 70–71, 115–116:  “except by commutation of another penalty and at the convicted person’s own request”).

State security organs must protect persons, property, rights, and duties, with lawful citizen participation and necessary, suitable, timely, proportionate force.  Every person has rights to a personal name, parental names and identity, investigation of parentage, free birth registration, and identity documents without qualifying filiation.  Honour, private and intimate life, image, confidentiality, and reputation are protected; law limits information technology to safeguard personal and family privacy and rights. (Arts. 55–56, 60; cf. 1961, Arts. 59, 61, 75:  “Every person has the right to protection against injury to honour, reputation, or private life.”).

Expression through any medium is free of censorship, with responsibility for what is expressed.  Anonymity, war propaganda, discriminatory messages, and promotion of religious intolerance are prohibited; officials may not be censored in reporting their responsibilities.  Communication is free and plural.  Persons have rights to timely, truthful, impartial information, reply, and rectification, and children to information appropriate for their development. (Arts. 57–58; cf. 1961, Art. 66:  “Nor shall war propaganda be permitted”).

The State protects families, household heads, equality, solidarity, mutual respect, original or substitute family life, and adoption in the child’s interest, with international adoption subsidiary to national adoption.  Maternity and paternity receive protection regardless of civil status, with reproductive choice, information, family planning, and reciprocal parental and filial support.  Marriage between a man and woman rests on free consent and equal rights and duties; qualifying stable factual unions between a man and woman produce the same effects. (Arts. 75–77; cf. 1961, Arts. 73–75:  “Maternity shall be protected whatever the mother’s civil status.”).

Children and adolescents are full legal subjects with absolute-priority protection, specialized law and institutions, and progressive active citizenship.  Youth receive development and first-employment opportunities.  Older persons retain dignity, autonomy, social security, suitable work, and pensions not below the urban minimum wage.  Persons with disabilities receive equal opportunity, integration, training, and suitable employment; deaf or mute persons may use Venezuelan sign language.  Adequate serviced housing is a right progressively secured by citizens and the State, with priority to families and those lacking resources. (Arts. 78–82; cf. 1961, Arts. 73, 75:  “so that childhood and youth are protected against abandonment, exploitation, or abuse”).

Health is a fundamental social right and state obligation, with promotion, access, participation, and lawful sanitary duties.  A free, universal, integral, equitable, participatory national public health system integrates with social security; its public assets and services cannot be privatized.  The State finances and regulates health, supports training and national supply production, and guarantees non-profit universal social security for the enumerated contingencies.  Inability to contribute cannot exclude protection; dedicated resources may not be diverted and compulsory contributions remain under social and state direction. (Arts. 83–86; cf. 1961, Arts. 76, 94:  “A social-security system shall be developed progressively”).

Work is a right, duty, and protected social fact.  The State promotes productive dignified employment and protection of self-employed workers; employers guarantee occupational safety, hygiene, and environment.  Sex equality includes recognition of household work as economically productive and social-security entitlement for homemakers under law.  Labour rights and benefits are progressive and non-waivable, reality prevails over appearances, favourable rules apply integrally in doubt, unconstitutional employer acts are null, discrimination is barred, and harmful adolescent labour and exploitation are prohibited. (Arts. 87–89; cf. 1961, Arts. 54, 84–85, 93:  “Women and minor workers shall receive special protection.”).

The ordinary maximum day is eight hours daily and forty-four weekly; lawful night work is limited to seven daily and thirty-five weekly.  Overtime cannot be compelled.  Progressive reduction, beneficial leisure, paid weekly rest, and paid holidays are prescribed.  Wages must support dignity and family needs, with equal pay, profit participation, protection from attachment except maintenance, and timely legal-currency payment.  The public and private minimum living wage is adjusted annually with the basic basket among its references. (Arts. 90–91; cf. 1961, Art. 86:  “forty-eight per week”).

Social benefits reward seniority and protect against unemployment; wages and benefits are immediately enforceable labour credits, with interest on arrears enjoying corresponding privileges.  Law protects stability and limits unjustified dismissal, with unconstitutional dismissals null.  Beneficiaries of intermediary or contractor services bear statutory responsibility without diminishing intermediaries’ or contractors’ joint responsibility; simulation and fraud attract the specified employer responsibility. (Arts. 92–94; cf. 1961, Arts. 88–89:  “without prejudice to their joint responsibility”).

Workers may freely form and join unions without prior authorization or administrative intervention, suspension, or dissolution, with protection against discrimination and interference.  Organizers and leaders receive employment security; internal leadership is renewable by universal, direct, secret voting, personal enrichment is punishable, and leaders declare assets.  Public and private workers may negotiate and conclude collective agreements covering existing and later employees and strike within statutory conditions. (Arts. 95–97; cf. 1961, Arts. 90–92:  “Workers have the right to strike within the conditions fixed by law.”).

Cultural creation is free, with legal intellectual-property protection.  Cultural values and tangible and intangible patrimony receive protection, conservation, restoration, and public support; cultural patrimonial assets are inalienable, imprescriptible, and unattachable.  Public cultural administration has statutory autonomy.  Popular and intercultural expression receives special attention, incentives, and cultural-worker social security.  Media must circulate national cultural works, and television must supply subtitles and sign-language translation for hearing difficulties. (Arts. 98–101; cf. 1961, Arts. 83, 100:  “Rights in scientific, literary, and artistic works, inventions, denominations, marks, and slogans shall receive protection”).

Education is a democratic, free, obligatory human right, social duty, public service, and non-declinable state function, directed towards personality, scientific and humanistic knowledge, work, identity, citizenship, and social participation.  Compulsory education extends from nursery through diversified secondary education; state education is free through undergraduate university level.  Equal access, special needs, priority investment, qualified teachers, merit, professional stability, regulated qualifications and professional membership, and inspected private institutions are prescribed.  Environmental education, Castilian, Venezuelan history and geography, and Bolivarian principles are compulsory as specified.  Media and public information networks support citizenship and technology access. (Arts. 102–108; cf. 1961, Arts. 55, 78–82:  “Law may establish exceptions concerning higher and specialized education in the case of persons possessing financial means”).

University autonomy covers government, patrimony, research, teaching, and extension, with inviolable university premises and statutory autonomy for experimental national universities.  Science, technology, innovation, and information services are of public interest, requiring state resources, private contributions, and ethical safeguards.  Sport and recreation are rights supported through education and health policy; physical education and sport are compulsory through the specified secondary cycle, with protection of athletes and statutory incentives. (Arts. 109–111; new; 1961, Arts. 78–83:  no corresponding express university-autonomy, science-system, or sport-right provisions).

Lawful economic activity and private initiative receive protection within constitutional, human-development, health, security, environmental, and social limits, with state planning and regulation.  Monopolies, abuse of dominance, and concentrated demand are opposed; lawful resource or public-service concessions are temporary and require adequate public-interest consideration.  Economic offences receive severe statutory punishment.  Consumers have quality, truthful-information, choice, equitable-treatment, and reparation rights.  Cooperatives, mutuals, savings associations, and other collective-benefit forms receive recognition and support. (Arts. 112–114, 117–118; cf. 1961, Arts. 72, 96–98:  “Monopolies shall not be permitted.”).

Property is guaranteed with rights of use, enjoyment, and disposal, subject to lawful public-utility or general-interest burdens.  Expropriation requires public utility or social interest, final judgment, and timely just compensation.  Confiscation is confined to constitutional cases; final judicial sentence may reach assets of persons responsible for public-patrimony offences, illicit enrichment under public power, or activities connected with narcotics and psychotropic trafficking. (Arts. 115–116; cf. 1961, Arts. 99–102:  “through final judgment and payment of just compensation”).

Indigenous peoples and communities retain their organization, culture, customs, languages, religions, habitat, and ancestral collective land rights.  The executive demarcates with their participation; lands are inalienable, imprescriptible, unattachable, and non-transferable.  Resource exploitation requires prior information and consultation and may not harm cultural, social, or economic integrity.  Identity, spirituality, sacred places, intercultural bilingual education, appropriate health, and traditional medicine receive protection.  Indigenous peoples form part of a single sovereign indivisible Venezuelan people and must safeguard national integrity; the term people does not carry its international-law meaning here. (Arts. 119–122, 126; cf. 1961, Art. 77:  “their progressive incorporation into the life of the Nation”).

Indigenous economic practices, productive activity, national participation, priorities, training, technical and financial assistance, and labour rights are protected.  Collective intellectual property in knowledge, technology, and innovation is guaranteed; genetic-resource activity must benefit the collective, and patents over these resources and ancestral knowledge are prohibited.  Indigenous political and legislative representation is guaranteed under law, with electoral implementation recorded under CIV-SUF and CON-FIN. (Arts. 123–125; cf. 1961, Art. 77:  “The State shall endeavour to improve the living conditions of the peasant population.”).

Every generation must protect the environment, and everyone has an individual and collective right to safe, healthy, ecologically balanced life and surroundings.  The State protects biodiversity, genetic resources, ecological processes, and protected areas; living genomes cannot be patented.  Participatory sustainable territorial planning, prior environmental and sociocultural impact studies, exclusion of toxic waste, and prohibitions on nuclear, chemical, and biological weapons apply.  Resource-affecting contracts and permits incorporate ecological balance, agreed technology access and transfer, and restoration obligations even when unstated. (Arts. 127–129; cf. 1961, Art. 106:  “their exploitation shall be directed primarily to the collective benefit of Venezuelans”).

Duties comprise national honour and defence, protection of symbols, cultural values, sovereignty, nationality, territory, self-determination, and national interests; obedience to constitutional law and public acts; social responsibility and human-rights solidarity; statutory public contributions; necessary civil or military and electoral service without forced recruitment; and humanitarian and professional community service according to capacity and law. (Arts. 130–135; cf. 1961, Arts. 51–57:  “Military service is compulsory and is rendered without distinction of class or social condition”).

The President in Council may declare exception for grave social, economic, political, natural, or ecological circumstances beyond ordinary powers.  Guarantees may be temporarily restricted except life, freedom from incommunicado detention or torture, due process, information, and other intangible human rights.  Alarm lasts up to thirty days, economic emergency sixty, and internal or external commotion ninety, each extendible once for an equal period with Assembly approval.  Organic law governs measures. (Arts. 337–338; cf. 1961, Arts. 240–241:  “may restrict or suspend constitutional guarantees”).

Exception decrees regulate the affected rights and go within eight days to the Assembly or Delegated Commission for consideration and approval and to the Sala Constitucional [Constitutional Chamber] for constitutional judgment.  They must satisfy the International Covenant on Civil and Political Rights and American Convention on Human Rights.  Executive or legislative revocation follows cessation of causes; public organs continue functioning. (Art. 339; cf. 1961, Arts. 242–244:  “within the ten days following publication”).

REG-MIL—The Military

National security is an essential state competence grounded in integral development, with defence responsibility extending to Venezuelans and public and private persons in national space.  State and civil society share responsibility across economic, social, political, cultural, geographical, environmental, and military fields.  Necessary civil or military service follows law without forced recruitment.  Frontier security receives priority, with statutory zones, special regimes, settlement, and use protecting parks, Indigenous habitat, and specially administered areas. (Arts. 134, 156(7–8), 322, 326–327; cf. 1961, Art. 53:  “Military service is compulsory and is rendered without distinction of class or social condition”).

The President presides over the Consejo de Defensa de la Nación [Council of Defence of the Nation], the highest defence planning and consultative organ, with the specified executive, legislative, judicial, citizen, and ministerial membership.  It determines the national strategic concept under organic law.  Only the State may possess and use war armaments, which become republican property without indemnity or proceedings; the armed forces regulate other arms, ammunition, and explosives under law.  The executive reserves security-operation classification and disclosure within statutory terms. (Arts. 323–325, 236(23); cf. 1961, Art. 133:  “Only the State may possess and use war armaments.”).

The Fuerza Armada Nacional [National Armed Force] is essentially professional, without political militancy, serving exclusively the Nation through military defence, internal-order cooperation, and active national development, under discipline, obedience, and subordination.  It comprises Army, Navy, Aviation, and National Guard, with its own integral social-security regime.  The first three plan, execute, and control defence operations; the Guard cooperates and primarily conducts internal-order operations.  Statute may assign administrative-police and criminal-investigation activities. (Arts. 328–329; cf. 1961, Art. 132:  “The Fuerzas Armadas Nacionales [National Armed Forces] form an apolitical, obedient, and non-deliberative institution”).

Active military members may vote under law but may not seek elective office or engage in political propaganda, militancy, or proselytism.  Promotions follow merit, seniority, vacancies, and statute as an exclusive armed-forces competence; the President exercises supreme command, fixes contingents, and promotes officers from colonel or naval captain.  The Assembly authorizes Venezuelan missions abroad and foreign missions in Venezuela. (Arts. 330–331, 236(5–6), 187(11); cf. 1961, Art. 150(5):  “Authorize promotions of Armed Forces officers from Colonel or Naval Captain, inclusive”).

National civilian security comprises uniformed national police, scientific and criminal investigation, civilian fire and emergency administration, and civil protection and disaster administration.  It protects persons, homes, rights, and public order, supports lawful authority, and shares competence with States and municipalities.  Organs must respect dignity and human rights without discrimination; force follows necessity and proportionality under law. (Arts. 55, 332; cf. 1961, Art. 136(5):  “Identification and national-police services”).

The executive and security provisions contain no corresponding express rule prohibiting simultaneous civil and military authority outside the presidency. (Arts. 225–226, 236, 322–332; cf. 1961, Art. 131:  “Military and civil authority may not be exercised simultaneously by the same official, except by the President of the Republic”).

REG-REL—Religion

Religious belief, teaching, practice, and private or public worship are guaranteed within morality, good customs, and public order.  Churches and confessions have independence and autonomy subject to constitutional and statutory limits; parents may secure religious education consistent with their convictions.  Religious belief cannot excuse legal obedience or deny others’ rights.  Conscience is free within the specified personal and criminal limits, without exemption from lawful duties.  These provisions contain no corresponding express Ecclesiastical Patronage clause. (Arts. 59, 61; cf. 1961, Arts. 65, 130:  “The Republic being in possession of the right of Patronato Eclesiástico [Ecclesiastical Patronage]”).

Lay status is required for Governors, mayors, the President, and through presidential qualifications the Executive Vice-President.  The ministerial, Supreme Tribunal, Ombudsman, Fiscal, and Contralor [Comptroller] qualification articles contain no express corresponding lay-status requirement. (Arts. 160, 174, 227, 238, 244, 263, 280, 284, 288; cf. 1961, Arts. 21, 182, 195, 237:  “over thirty years of age and of lay status”).

ECO-INF—Infrastructure

Mining and hydrocarbon deposits belong to the Republic as inalienable, imprescriptible public-domain assets; maritime coasts are public domain.  National competence covers resources, quality and measurement, statistics, engineering and urbanism, works, health, education, housing, food security, agriculture, transport, ports and airports, roads and railways, communications, domestic utilities, frontiers, and designated legislation.  Mining concessions cannot be indefinite; statute allocates special economic shares to States.  State and municipal works, services, roads, and coordinated national facilities follow their respective competences. (Arts. 12, 156(16–20), (23–30), (32), 164(5), (8–10), 178; cf. 1961, Art. 136(10):  “but may not alienate saltworks or grant mining concessions for an indefinite period”).

The socioeconomic order rests on social justice, democracy, efficiency, free competition, environmental protection, productivity, and solidarity, with state and private development and democratic participatory strategic planning.  Foreign investment receives the same conditions as national investment and may not receive more favourable regimes.  Organic law reserves petroleum and other strategic public-interest activities; national processing and technology are promoted.  The State retains all shares in Petróleos de Venezuela, S.A. [Venezuelan Petroleum, S.A.], or its managing successor, with the stated exception for subsidiaries, strategic associations, enterprises, and other business-development entities. (Arts. 299–303; cf. 1961, Arts. 95, 98, 107:  “Law shall establish the rules concerning participation of foreign capital in national economic development.”).

All waters are national public-domain assets.  The State promotes sustainable agriculture, food security through domestic production, rural development, productive infrastructure, inputs, credit, training, and technical assistance, protecting artisanal fishing communities and grounds.  Latifundia are contrary to social interest; law taxes idle land and provides productive transformation, peasant land ownership, agricultural associations, sustainable land management, and exceptional parafiscal support. (Arts. 304–307; cf. 1961, Art. 105:  “The latifundist regime is contrary to the social interest.”).

Small and medium industry, cooperatives, savings institutions, family and community enterprises, handicrafts, and traditional popular industries receive training, credit, protection, and promotion.  Tourism is a nationally important priority for diversification and sustainable development.  Public information networks, science and technology, participatory territorial planning, and environmental and sociocultural assessment complement the rights and duties recorded under RTS-GAR. (Arts. 308–310, 108, 110, 128–129; cf. 1961, Arts. 72, 106, 136(24):  “tourism legislation”).

CON-FIN—Final Provisions

The Constitution of 23 January 1961 is repealed; the remainder of the legal order continues insofar as compatible with the new Constitution.  The final provision brings this Constitution into force on official-gazette publication after popular referendum approval. (Repealing Provision; Final Provision; cf. 1961, Arts. 251–252:  “The transitional provisions are enacted in a separate text.”).

The Constituent Assembly must approve the special capital law while preserving Miranda’s territorial integrity; the existing Federal District and municipal organic regimes continue meanwhile.  Pending nationality legislation, the specified lawfully entered foreigners with lawful livelihood, declared domicile intention, and two years’ uninterrupted residence are considered domiciled.  Nationality declarations are made authentically by the adult concerned or by a legal representative under the printed twenty-one-year condition. (Transitory I–II; cf. 1961, Transitory I–IV:  “the Republic’s current municipal regime and organization remains in force”).

Within six months after installation, the Assembly must approve criminal legislation on forced disappearance, applying the Inter-American Convention meanwhile where possible, an organic exception law, and a special frontier regime for José Antonio Páez and Rómulo Gallegos municipalities in Apure after the designated consultations. (Transitory III; new; 1961, Transitory I–XXIII:  no corresponding six-month programme for these three implementing laws).

Within its first year the Assembly must legislate on torture, refugees and asylum, a new seniority-benefit regime proportional to service and calculated on the last wage with ten-year prescription, progressive working-time reduction, and an autonomous specialized labour jurisdiction under free, prompt, oral, immediate, equitable, fact-sensitive proceedings.  The existing seniority regime continues until reform. (Transitory IV(1–4); new; 1961, Transitory I–XXIII:  no corresponding first-year programme for these protective and labour laws).

First-year legislation must cover justice, public administration, Citizen and Electoral Powers, tax, budget, credit, public defence, state finance, municipal organization, the Central Bank, and national police.  Public defence temporarily remains with the judicial-system restructuring commission.  The Bank law must prescribe functions, governance, audit, and executive and legislative appointment roles.  Within one year of constitutional commencement the tax code must be reformed on the enumerated interpretive, non-retroactivity, anti-evasion, penalty, liability, interest, limitation, audit, and procedural matters.  Within two years the Assembly legislates on all constitutional subjects, prioritizing Indigenous peoples, education, and frontiers. (Transitory IV(5–9), V–VI; new; 1961, Transitory I–XXIII:  no corresponding comprehensive implementing-law timetable).

Pending organic law, Indigenous candidacies require Indigenous language and at least one specified traditional-authority, advocacy, service, or organizational qualification.  The text specifies western, southern, and eastern regions, constituent States, majority declaration by the electoral authority, ballot access for all state electors, and the 1992 census for territorial representation.  It prints “Cada uno de los Estados que componen las regiones elegirá un representante”.  Existing and new electoral processes are conducted by the Consejo Nacional Electoral [National Electoral Council] pending new laws.  Its first members are appointed simultaneously, with two renewed at mid-term. (Transitory VII–VIII; new; 1961, Transitory I–XXIII:  no corresponding Indigenous electoral or initial Electoral Council procedure).

Existing Ministerio Público [Public Ministry] and Contraloría organic laws continue pending Citizen Power legislation; the Constituent Assembly appoints a provisional Ombudsman to organize that office.  The State’s fifty-per-cent Situado investment duty begins on 1 January 2001.  National vacant-land administration continues pending legislation; Indigenous habitat demarcation is due within two years.  The existing fiscal-instrument regime continues until state laws assume Art. 164(7) competence. (Transitory IX–XIII; cf. 1961, Transitory XVI–XVII:  “Until the organic law makes the appropriate provision”).

Municipal ordinances and fiscal instruments remain until implementing legislation.  Existing professional-qualification law continues pending Art. 105 legislation.  The Constituent Assembly chronicler must preserve its image, sound, written, digital, photographic, newspaper, and other records under the Archivo General de la Nación [General Archive of the Nation].  The recording provision prints “secciones y actividades”. (Transitory XIV–XVI; cf. 1961, Transitory XXIII:  “the existing legal order remains in force”).

Public and private issuing bodies must immediately use República Bolivariana de Venezuela [Bolivarian Republic of Venezuela]; routine stationery is progressively replaced within five years, and currency transition follows Central Bank law reform.  An implementing monopoly-control law must establish a supervisory body whose head is chosen by an Assembly majority after a favourable special-commission report, direct application of Art. 113 principles, and rules for public-service concession returns and financing. (Transitory XVII–XVIII; new; 1961, Transitory I–XXIII:  no corresponding republican-name transition or monopoly-supervision programme).

The closing records popular approval by constituent referendum on 15 December 1999 and proclamation by the Asamblea Nacional Constituyente [National Constituent Assembly] in Caracas on 20 December 1999, year 189 of Independence and 140 of Federation.  Luis Miquilena signs as President, Isaías Rodríguez as First Vice-President, and Aristóbulo Istúriz as Second Vice-President, with the listed national, territorial, and Indigenous constituents and secretaries Elvis Amoroso and Alejandro Andrade.  The final Cúmplase [Let it be complied with] names Luis Miquilena as Constituent Assembly President.  The closing prints “LUIS MIQUELENA”, while the compliance formula prints “LUIS MIQUILENA”. (Closing and compliance formulas, pp. 66–67; cf. 1961, Closing and execution formulas, pp. 32–33:  “on the twenty-third day of January nineteen hundred and sixty-one”).

Recension

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

Constitution of 1999:  https://cidep.online/files/constituciones/1999.pdf


“Unmasking Disappointment:  Series XXII”

October 24, 2026

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

Scope and Use

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

Ricardo F. Morín

October 19, 2026

Oakland Park, Florida


23) The Constitution of 1953

The 1953 Constitución de la República de Venezuela [Constitution of the Republic of Venezuela] was sanctioned by the Asamblea Constituyente [Constituent Assembly] in Caracas on 11 April 1953.  The constitutional closing bears the signatures of Ricardo González C. as President, Óscar Rodríguez Gragirena and Jesús Guerra Olivieri as Vice-Presidents, and Francisco Carreño Delgado as secretary, with the listed representatives.  Marcos Pérez Jiménez signed the execution order in Caracas on 15 April 1953. (CIDEP 1953, closing and execution formulas, pp. 20–21).

DOC-PRE—Preamble

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

“The Venezuelan Nation is the association of Venezuelans in a pact of political organization under the name Republic of Venezuela, governed by the principles of Federal, democratic, elective, representative, responsible, and alternating Government, and independent and free of all foreign domination or protection.

“The Venezuelan Nation proclaims as the primordial reason for its existence the maintenance of its moral and historical patrimony, the safeguarding of its dignity, the conservation and defence of its territory, and the use of its wealth for the well-being of its inhabitants.

“The Venezuelan Nation aspires to attain an increasingly prestigious place in the universal community through the improvement of its physical environment and of the conditions of its inhabitants, in an atmosphere of harmony among all who dwell within its territory and with sound purposes of international cooperation.”

(CIDEP 1953, Art. 1, Preliminary Declaration, p. 3; cf. 1947, Preliminary Declaration:  “The Venezuelan Nation is the association of all Venezuelans in a pact of political organization under the name Estados Unidos de Venezuela [United States of Venezuela].”).

FND-TER—Territory

National territory remains that of the Capitanía General de Venezuela [Captaincy General of Venezuela] before the political transformation of 1810, with treaty modifications.  National authority and jurisdiction also extend to the seabed and subsoil of the continental shelf and to islands forming or appearing there.  Statute determines the territorial sea, contiguous maritime zone, and airspace for state surveillance.  Alienation, cession, and lease to foreign States or their successors, representatives, or agents are prohibited.  Reciprocal acquisition of diplomatic premises is permitted in the capital’s metropolitan area, with sovereignty over the soil reserved.  The recension prints “El de extensión del mar territorial”. (Art. 2; cf. 1947, Art. 1:  “This territory may never, in whole or in part, be ceded, transferred, leased, or in any manner alienated to a foreign power, even for a limited time.”).

National territory comprises States, the Distrito Federal [Federal District], Territorios Federales [Federal Territories], and Dependencias Federales [Federal Dependencies].  The twenty States retain the names enumerated in 1947.  States divide into Districts and these into Municipalities; organic laws determine the divisions of the Federal District and Territories.  Caracas is the capital and national seat; Amazonas and Delta-Amacuro remain federal territories. (Arts. 3–4, 6–7; cont., 1947, Arts. 2–3, 6–7, for these territorial divisions, names, and seats).

Special laws may modify state, Federal District, and territorial boundaries for reasons of high national interest.  Contiguous States may merge by legislative agreement.  Recovery of autonomy requires a declaration by a majority of the representatives of the Districts belonging to one of the merged States, made in ordinary legislative sessions one year in advance. (Art. 5; cf. 1947, Arts. 4, 7:  “Contiguous States may merge through agreements approved by their respective Asambleas Legislativas [Legislative Assemblies], but shall always retain the power to recover their autonomy.”).

Territorial statehood requires at least the population base for one deputy and capacity to maintain public services. (Art. 8; cf. 1947, Art. 8:  “at least fifty thousand inhabitants”).

Maritime islands other than Margarita, Coche, and Cubagua, which form Nueva Esparta, are federal dependencies.  Islands forming or appearing on the continental shelf are incorporated into them.  The national executive governs dependencies; statute sets the conditions for territorial status. (Arts. 9–10; cf. 1947, Art. 9:  “The maritime islands of Venezuela are Dependencias Federales [Federal Dependencies]”).

POW-LEG—Congress

Constitutional terms last five years.  The Congreso Nacional [National Congress] comprises the Cámara de Diputados [Chamber of Deputies] and Cámara del Senado [Chamber of the Senate], meeting in the capital in ordinary and extraordinary sessions.  Acts as co-legislators are laws; acts in joint Congress or within either Chamber’s exclusive competence are agreements.  Legislative authority is not delegable. (Arts. 42, 62–64, 66; cont., 1947, Arts. 140–141, 157–158, 164, 181, for these rules).

Ordinary sessions begin on 19 April or the nearest subsequent date, without convocation, and last one hundred days without extension.  Extraordinary sessions address the specified matters, connected legislative changes, and evident emergencies.  Sessions are public unless the respective Chamber resolves otherwise. (Art. 65; cf. 1947, Art. 157:  “ninety days, but may be extended for up to ninety further days”).

Installation requires at least two-thirds.  Those attending without that number form a preparatory commission; after fifteen days without a quorum, installation may proceed with at least half plus one.  Later sittings require an absolute majority of incorporated members.  Both Chambers install and close simultaneously; a change of meeting place requires the other’s consent, with differences resolved by joint Congress. (Arts. 67–68; cf. 1947, Art. 159:  “After the opening sitting, the Chambers may sit with an absolute majority of their respective members attending.”).

Deputies and their alternates are elected by universal, direct, secret vote under statute.  A deputy must be Venezuelan by birth and over twenty-one. (Arts. 69, 73; cf. 1947, Art. 152:  “naturalized Venezuelans must additionally be domiciled in the country and have held naturalization for at least eight years”).

Each state legislature, and the Municipal Council in the Federal District, elect two senators and their alternates.  Senators must be Venezuelan by birth and over thirty. (Arts. 70, 74; cf. 1947, Arts. 154–155:  “shall be elected by universal, direct, secret vote”).

When permanent vacancies reduce a constituency’s deputy-alternate list by half or more, an assembly of the state’s Municipal Councils completes it, with the prescribed council representation.  The respective Council acts in the Federal District and Territories.  State legislatures and the Federal District Council replenish senatorial alternates whenever permanent vacancies arise. (Arts. 71–72; cf. 1947, Art. 150:  “when the respective list of alternates has been exhausted”).

Congressional ineligibility covers the enumerated executive, judicial, fiscal, and territorial officers; directors, administrators, and representatives of autonomous institutes and enterprises with decisive state participation; other paid officials, subject to the listed exceptions; and public contractors or business agents in statutory cases. (Art. 75; cf. 1947, Art. 142(2):  “Relatives of the President of the Republic within the second degree of consanguinity or affinity”).

Immunity covers the thirty days before 19 April, service during ordinary sessions and the following thirty days, and the period from extraordinary convocation until thirty days after those sessions.  It bars arrest, confinement, detention, interference with functions, compulsory judicial appearance, and compulsory oath.  The protected period is excluded from procedural time limits. (Art. 76; cf. 1947, Art. 146:  “Throughout their mandate”).

Deputies and senators incur no legal responsibility at any time for opinions expressed in meetings of their Chambers or Congress. (Art. 77; cf. 1947, Art. 145:  “Deputies and Senators shall not at any time, for the opinions they express in the exercise of their functions.”).

Ministerial censure requires at least two-thirds of deputies present.  It entails removal when the Corte Federal [Federal Court] finds grounds for the minister’s prosecution. (Art. 78; cf. 1947, Art. 153(2):  “who, in the same act, shall decide whether censure entails removal of the Minister”).

The Senate grants Pantheon honours to illustrious Venezuelans twenty-five years after death, authorizes military promotions from colonel or naval captain, and exercises other statutory powers.  Foreign offices, honours, and rewards require its prior authorization for persons in state service. (Arts. 45, 79; cf. 1947, Art. 156(1):  “illustrious Venezuelans or foreigners who have rendered eminent services to the Republic”).

Each Chamber regulates its proceedings, qualifies its members, considers resignations, and appoints investigative commissions empowered to demand official information and documents.  Ministers summoned to report must receive at least three days’ notice of the subjects. (Art. 80; cf. 1947, Art. 161(7):  “Require Ministers to appear and interpellate them on matters within their competence”).

The Chambers legislate on national matters, authorize presidential war or peace action, consider international agreements and qualifying executive contracts, and sanction the budget.  Joint Congress counts constitutional-reform votes, grants territorial statehood, elects designated officers, considers presidential resignation and messages, examines ministerial and other accounts, and makes its rules.  Article 83 prints “Presidente y Vicepresidente del Consejo Nacional”. (Arts. 81–84; cf. 1947, Art. 164:  “President and Vice-President of the Congreso Nacional [National Congress]”).

Members of either Chamber and the national executive may initiate bills.  Admitted bills receive three discussions in each Chamber.  An approved bill passes to the other Chamber; acceptance of its amendments completes sanction, while disagreement passes to joint Congress. (Arts. 85–87; cf. 1947, Art. 166:  “at least three of their respective members”).

The legislative formula names the Congreso de la República de Venezuela [Congress of the Republic of Venezuela].  Sanctioned texts are duplicated without alteration, dated, and signed by the congressional President, Vice-President, and secretaries; the congressional President transmits a copy for promulgation.  Promulgation requires the presidential Ejecútese [Let it be executed] and official-gazette publication.  Laws repeal laws and may be partially amended. (Arts. 88–89, 92, 94; cf. 1947, Art. 170:  “The Congress of the Estados Unidos de Venezuela [United States of Venezuela]”).

The President has ten days to promulgate or request modification or withdrawal of sanction.  Amendments and connected articles receive two discussions in each Chamber; withdrawal receives one in joint Congress.  Preserving the original text requires two-thirds of those present in each Chamber.  Rejection of the request entails promulgation within five days, except where alleged unconstitutionality is referred to the Corte Federal [Federal Court].  The Court decides within ten sittings; rejection of the constitutional objection requires promulgation within five days after judgment. (Art. 90; cf. 1947, Art. 173:  “Congress shall decide his request in a single discussion and by a majority of votes”).

If the ten-day promulgation period expires after sessions close, the President may request legislative modification or withdrawal of sanction before extraordinary Congress.  The executive determines the time for promulgating laws approving international agreements according to international practice and national convenience. (Arts. 91, 93; cf. 1947, Art. 174:  “may request the extension referred to in Article 157”).

Legislation is non-retroactive except when imposing a lesser penalty.  Procedural laws apply upon commencement to pending proceedings, while criminal evidence already received is assessed under the earlier law insofar as favourable to the accused. (Art. 30; cont., 1947, Art. 180).

The legislative chapter contains no permanent congressional recess commission corresponding to that constituted in 1947. (Arts. 62–94; cf. 1947, Arts. 182–186:  “During the recess of the Cámaras Legislativas [Legislative Chambers], a Comisión Permanente [Permanent Commission] of the Congreso Nacional [National Congress] shall function”).

ECO-HAC—Treasury

National fiscal competence includes currency, metallic backing, banks and credit institutions, public credit, pensions, national revenues, budgets, and resource proceeds.  The Hacienda Pública [Public Treasury] comprises national assets, receipts, liabilities, and the assets and receipts administered by the national executive, which directs and administers it. (Arts. 60(11–17), 119–120; cont., 1947, Arts. 138(7–12), 231, for these fiscal matters).

Taxation requires law and expenditure requires a budget appropriation or prior additional credit.  Taxes payable in personal service, charges on agricultural and livestock products before consumption, and navigation taxes without facilitating special works are prohibited.  Tax commencement or variation requires expiry of a specified period, subject to extraordinary executive powers.  Fiscal privileges require statutory permission or contracts approved by Congress. (Arts. 121–125; cf. 1947, Art. 232:  “Exemptions shall be granted only where law permits.”).

The President, personally or through the responsible minister, presents the budget to either Chamber within fifteen days of ordinary installation.  The proposed budget takes effect on 1 July even if it has not been sanctioned by that date. (Arts. 81(5), 126; cf. 1947, Art. 208:  “within the first five days after installation of the Cámaras Legislativas [Legislative Chambers] shall present to the Cámara de Diputados [Chamber of Deputies]”).

The Situado Constitucional [constitutional revenue allocation] is calculated on estimated ordinary receipts in the same budget.  Its lower bound is printed as “12,59”, with an upper bound of twenty-five per cent.  The Convention of Governors specifies the amount annually; thirty per cent is distributed equally among States, the Federal District, and Territories, and seventy per cent by population.  A budget adjustment proportionately adjusts the allocation. (Art. 127; cf. 1947, Art. 238:  “at least twenty-five per cent”).

Public-interest contracts cannot be made with or transferred to foreign governments or non-domiciled natural or juridical persons.  Contracts with autonomous foreign official or semi-official entities require congressional authorization.  The Venezuelan-court and no-foreign-claims clause is incorporated in the specified public-interest contracts. (Arts. 48–49; cf. 1947, Arts. 107–108:  “where appropriate to their nature”).

The President decrees additional credits in Council, administers the treasury through ministers, coordinates federal-entity revenues and budgets, negotiates loans decreed by Congress, and concludes lawful contracts.  National works, supply, and service contracts may provide for payments over several fiscal years. (Arts. 108(5), (7), (13–15), 128; cf. 1947, Art. 198(13):  “with prior authorization of the Congreso Nacional [National Congress] or its Comisión Permanente [Permanent Commission]”).

The legislature audits treasury receipts, expenditure, executive fiscal operations, autonomous institutes, and corresponding accounts through the Contraloría de la Nación [Office of the Comptroller of the Nation].  Executive audit remains available.  Statute may assign account centralization to other bodies, provide a special regime for state-security operations, and extend the functions to state and municipal administrations. (Art. 95; cf. 1947, Art. 241:  “an autonomous body named the Contraloría General de la Nación [Office of the Comptroller General of the Nation]”).

Congress elects the Contralor [Comptroller], Subcontralor [Deputy Comptroller], and three alternates for the latter within thirty days of installation at the beginning of the constitutional term.  They must be Venezuelan by birth, over thirty, and outside the specified kinship degrees with the President and Procurator.  Other staff are freely appointed by the Contralor [Comptroller].  Annual and requested reports go to Congress; statute determines information supplied to the executive. (Arts. 96–98; cf. 1947, Art. 245:  “the same qualifications as for President of the Republic”).

POW-EXE—Executive

National competence includes defence, vigilance over national interests, public peace, legal enforcement, international action, national symbols, the armed forces, federal-entity organization, and matters not assigned to other powers.  The national government may establish the works and services necessary for its administration. (Arts. 60(1–5), (29), 61; cf. 1947, Art. 138(26):  “Any other matter which this Constitution attributes to the Poderes Nacionales [National Powers]”).

Sovereignty resides in the people and is exercised through suffrage and public power.  Municipal, state, and national powers exercise constitutional and legal competence; excess constitutes usurpation of powers.  National legislative, executive, and judicial branches have distinct functions and cooperate with each other and the other public powers. (Arts. 38, 40–41, 59; cont., 1947, Arts. 79, 84, 86–88, 137, for sovereignty, distribution, competence, and cooperation).

Public office requires the legal oath.  Foreign distinctions require Senate consent; simultaneous paid public offices are prohibited subject to the listed exceptions.  Persons in state service may not contract with the State, directly or through intermediaries, except where statute permits. (Arts. 44–47; cf. 1947, Arts. 91, 144:  “Acceptance of a second appointment of this kind entails resignation from the first.”).

The Republic exercises the Patronato Eclesiástico [Ecclesiastical Patronage] under law and may regulate Church–State relations by agreements.  International commitments must contain the stipulated peaceful-settlement clause. (Arts. 50–51; cf. 1947, Art. 106:  “whenever this is considered necessary in view of its nature”).

Consejos Superiores [Higher Councils] for specified matters of high national interest comprise the President as presiding officer, Cabinet members, other competent authorities, and persons designated by the President. (Art. 55; cf. 1947, Arts. 75, 103:  “National Economic Council”).

Residual national government and administration belong to the executive.  The President exercises national executive power from the capital, represents the State, and is supreme hierarchical military authority.  Eligibility requires Venezuelan birth, age over thirty, and lay status. (Arts. 99–103; cf. 1947, Arts. 187–191:  “the qualifications specified in Article 82”).

Universal, direct, secret voting elects the President by the highest number of votes, at least three months before the constitutional term begins on 19 April, on the date fixed by Congress in the previous year’s ordinary sessions.  Article 104 prints “respective periodo”.  The presidential provisions contain no express counterpart to the immediate re-election prohibition in the antecedent. (Arts. 103–107; cf. 1947, Art. 193:  “The President of the Republic may not be re-elected for the immediately following constitutional term.”).

The President-elect takes the legal oath before Congress on 19 April, or before the Corte Federal [Federal Court] if Congress is not assembled.  If unable to assume office on that date, the outgoing President remains as Encargado del Poder Ejecutivo Nacional [Person in Charge of the National Executive Power].  After thirty days without the oath, Congress elects a President for the remaining term within a further ten days by absolute majority. (Art. 105; cf. 1947, Art. 194:  “the outgoing President shall relinquish his powers before the President of the Corte Suprema de Justicia [Supreme Court of Justice]”).

A permanent vacancy after assumption of office is provisionally filled by a minister elected by an absolute majority of the Cabinet, meeting with at least half plus one.  Congress elects a President for the remainder by absolute majority, under the specified ten-day periods for election, convocation, installation, and oath. (Art. 106; cf. 1947, Art. 195:  “if the vacancy occurs during the first half of the constitutional term”).

A minister designated by the President fills a temporary absence after taking the oath before the President or the Corte Federal [Federal Court], as designated. (Art. 107; cont., 1947, Art. 196, for designation of a minister to fill temporary absence).

Presidential powers are divided into those exercised in Council, through ministers, and personally.  They include legislative regulation and extraordinary convocation, public-service organization, treaties, prosecution requests, appointments, territorial administration, governors’ conventions, contracts, war and peace, delegated state functions, and other constitutional or statutory powers.  The enumeration passes from ordinal 15 to ordinal 17 and contains no printed ordinal 16. (Art. 108; cf. 1947, Art. 198:  “through the corresponding Minister”).

The President reports annually to Congress within ten days of ordinary sessions, with special rules for the final year and delayed installation.  Responsibility for administration is joint with ministers and personal for treason and common offences. (Arts. 109–110; cont., 1947, Arts. 199–200, for annual reporting and responsibility).

Ministers are the President’s legal organs and must be Venezuelan by birth, over thirty, and lay.  President and ministers form the Consejo de Ministros [Council of Ministers]; ministers alone form the Cabinet.  Statute determines ministerial duties and organization.  Council members are responsible unless a reasoned adverse vote is recorded; written presidential orders do not excuse personal responsibility for excess of functions. (Arts. 111–115; cont., 1947, Arts. 201–204, 206, for these ministerial rules).

Ministers present annual reports and accounts at the beginning of ordinary sessions, with special final-year and delayed-installation rules.  They may speak in the Chambers and participate in standing committees’ study of bills.  With presidential authorization, they may delegate signature of specified documents to departmental officials, who bear responsibility for the resulting acts. (Arts. 116–118; cf. 1947, Arts. 207, 209:  “within the first ten days of its sessions”).

POW-JUD—Judiciary

National competence includes justice and the Ministerio Público [Public Ministry].  Judicial power resides in the Corte Federal [Federal Court], Corte de Casación [Cassation Court], and other courts.  Statute determines each higher court’s membership; Congress elects members and equal numbers of alternates within fifteen days of ordinary installation at the beginning of the term.  Members hold over until successors assume office and must be Venezuelan-born lawyers over thirty of lay status.  Replacement alternates take the last places on their lists. (Arts. 60(28), 129–132; cf. 1947, Arts. 218–219:  “The Corte Suprema de Justicia [Supreme Court of Justice] shall comprise ten Magistrates”).

The Corte Federal [Federal Court] annuls unconstitutional laws, regulations, municipal instruments, and public acts; resolves conflicts of laws; hears accusations against the listed senior officers, diplomatic causes, intergovernmental and jurisdictional controversies, national contracts and concessions subject to statutory reservations, damages and monetary claims, prize cases, and recognition of foreign judgments.  Other constitutional and statutory federal jurisdiction is reserved. (Art. 133; cf. 1947, Art. 220:  “The Corte Suprema de Justicia [Supreme Court of Justice] shall divide into autonomous Chambers”).

The Corte de Casación [Cassation Court] hears cassation and other statutory matters.  Statute regulates both higher courts, the other courts, judicial offices, and executive inspection of the administration of justice.  The chapter contains no express counterpart to the antecedent’s declaration of judicial independence. (Arts. 134–135; cf. 1947, Art. 211:  “The Poder Judicial [Judicial Power] of the Republic is independent of the other Poderes Públicos [Public Powers]”).

The Ministerio Público [Public Ministry] is directed by an officer designated in Article 136 as Procurador General de la Nación [Procurator General of the Nation], with the following articles using Procurador de la Nación [Procurator of the Nation].  Congress elects the officer and five ordered alternates within fifteen days of initial ordinary installation for the constitutional term.  Venezuelan birth, legal qualification, age over thirty, and lay status are required.  Statute determines ministerial functions and the organization and powers of the Procuraduría. (Arts. 136–139; cf. 1947, Arts. 223, 228:  “The Ministerio Público [Public Ministry] shall be entrusted to the Prosecutor General of the Nation”).

POW-SUB—Subnational Government

States recognize reciprocal autonomy and political equality, preserve national independence, sovereignty, integrity, and dignity, and comply with national constitutional law and public acts.  Each has an Asamblea Legislativa [Legislative Assembly] and a Governor acting as national agent.  National officers and armed personnel may be stationed in state territory.  State competence covers constitutions, names, territorial divisions, the Situado, and legislative taxation.  External borrowing and the enumerated import, export, transit, pre-circulation, and discriminatory taxes are prohibited. (Arts. 11–17; cf. 1947, Art. 120:  “retain in full their competence in matters not reserved by this Constitution to other powers”).

The President appoints and removes state Governors; Article 14 defines their additional capacity as agents of the national power.  The state chapter does not reproduce the antecedent’s plebiscite procedure for choosing between presidential appointment and popular election. (Arts. 14, 108(10); cf. 1947, Transitory VII:  “whether State Governors shall be freely appointed and removed by the President of the Republic in Consejo de Ministros [Council of Ministers], or whether they are to be by universal, direct, secret vote”).

Concejos Municipales [Municipal Councils] exercise municipal power in state Districts, the Federal District, and Territories, with fiscal, economic, and administrative autonomy.  Municipalities possess legal personality, their Councils represent them, intervention is barred, and challenges to their ordinances, agreements, and resolutions belong to the competent judiciary.  The Federal District organic law may establish a special municipal regime.  Municipalities may not borrow abroad.  Article 19 prints “y en Ordenanzas”. (Arts. 18–20; cf. 1947, Arts. 109–111:  “full autonomy concerning the economic and administrative regime”).

Municipal competence includes the listed supplies, water, weights and measures, lighting, civil architecture, social assistance, cemeteries, education, slaughterhouses, ornamentation, urban transport, and other local services under national law.  Municipalities coordinate urbanism with national technical bodies, administer ejidos [municipal common lands] and their own property, and organize the enumerated industrial, commercial, vehicle, property, spectacle, service, and penalty revenues.  Ejidos are inalienable and imprescriptible except for construction and agrarian reform. (Art. 21; cf. 1947, Art. 119:  “except for construction”).

CON-AMD—Amending the Constitution

Either congressional Chamber or state legislatures may initiate constitutional reform.  Congressional initiative requires at least a quarter of a Chamber’s entire membership.  State initiative requires two-thirds of the legislatures, each acting by an absolute majority of its entire membership.  Reform follows legislative procedure and requires ratification by at least two-thirds of state legislatures under the same absolute-majority rule.  Amendments are confined to points receiving that concurrence; Congress counts the final votes, and the reformed Constitution enters into force on gazette publication. (Arts. 140–142; cf. 1947, Art. 250:  “in their ordinary sessions of the following year”).

CIV-SUF—Suffrage

Suffrage is a public function reserved to Venezuelans but may be extended to foreigners; statute determines conditions and modalities.  Deputies and the President are elected by universal, direct, secret vote.  State legislatures and the Federal District Municipal Council elect senators.  The general suffrage article contains no express voting age or literacy qualification and no express guarantee of proportional minority representation. (Arts. 38–39, 69–70, 104; cf. 1947, Arts. 81, 83:  “All Venezuelans, men and women, over eighteen years of age are electors”).

Active military personnel may neither vote nor belong to political groups or participate in their activities.  Deputies must be Venezuelan by birth and over twenty-one; senators must be Venezuelan by birth and over thirty.  Congressional office-based ineligibility is recorded under POW-LEG. (Arts. 57, 73–75; cf. 1947, Art. 152:  “naturalized Venezuelans”).

CIV-CIT—Citizenship

Birth nationality covers persons born in the Republic, persons born aboard Venezuelan ships or aircraft outside another State’s jurisdiction, and children of a Venezuelan father or mother.  The article contains none of the antecedent’s qualifications concerning parental domicile, official foreign service, or declarations for the excepted births. (Art. 22; cf. 1947, Art. 11(1):  “except children of foreigners neither domiciled nor resident in the Republic”).

Naturalization includes qualifying adult foreign-born children of a naturalized Venezuelan parent who establish domicile and express the requisite will, domiciled natives of Spain or Latin American States making the declaration, and a foreign wife whose wish to become Venezuelan is accepted.  Statute regulates declarations, acquisition of certificates, and revocation. (Arts. 23, 26; cf. 1947, Art. 12(1):  “if under her national law she loses her former nationality through the marriage”).

A Venezuelan woman marrying a foreigner retains Venezuelan nationality.  Dissolution does not affect spouses’ or children’s nationality.  Public treaties may regulate nationality where the application of different countries’ laws attributes more than one nationality. (Arts. 24–25, 27; cf. 1947, Art. 14:  “unless she expresses a contrary will and provided that the declaration suffices to acquire her husband’s nationality”).

RTS-GAR—Rights

Lawful liberty and natural judges under pre-existing law are guaranteed.  Public indemnity is confined to damage, injury, or expropriation attributable to competent authorities exercising lawful functions.  Unenumerated rights of inhabitants remain reserved.  Venezuelans must defend the country, refrain from service against it or its allies in international armed conflict, perform military service, and obey public law.  Foreigners owe the specified defence and legal duties, may engage politically only through suffrage where available, and may be detained, confined, or expelled for violations. (Arts. 28–29, 31–34; cont., 1947, Arts. 20–25, 30(5), for these summarized liberties, duties, and limits on indemnity).

Life, liberty, and personal security are guaranteed.  The death penalty is prohibited.  Detention must conform to law; imprisonment for non-criminal civil default, compelled oath or admission of guilt against oneself or specified relatives, detention after release is legally due, conviction without notice and hearing, repeated trial for the same acts, infamous or perpetual penalties, and physically painful procedures are prohibited.  The maximum corporal penalty is thirty years. (Art. 35(1–2); cf. 1947, Art. 30(9):  “a corporal penalty exceeding twenty years”).

The rights chapter contains no express habeas corpus remedy, no counterpart to the thirty-day judicial-investigation limit, and no separate provisions on invalidity of rights-violating public acts or the special six-year prescription period. (Arts. 28–37; cf. 1947, Arts. 28, 30(2), 32:  “has the remedy of Habeas Corpus”).

The home is inviolable subject to prevention of consummation of crime, judicial decisions, and lawful fiscal or public-security inspections.  Correspondence may be seized by competent authority after legal formalities, with unrelated domestic and private matter protected.  Movement, domicile, departure, return, and transfer of goods remain subject to law. (Art. 35(3–5); cf. 1947, Arts. 35–36:  “by judicial authority”).

Expression, lawful assembly, association, union organization, work and its protection, industry and commerce, and teaching are guaranteed subject to statutory conditions.  Equality includes identification without distinctions of filiation, birth, or parents’ civil status, and the official forms citizen and you, subject to diplomatic usage.  The chapter contains no separate guarantees of petition, political asylum, family protection, health, education as a right, or the detailed labour standards enumerated in 1947. (Art. 35(7–8), (10–13); cf. 1947, Arts. 33, 43, 47, 51, 53, 63:  “All inhabitants of the Republic have the right to protection of their health.”).

Property is guaranteed subject to its social function and statutory contributions, restrictions, and obligations.  Expropriation requires final judgment and payment of the price; statute may restrict acquisition, transfer, use, and enjoyment.  Lands destined for mining, hydrocarbon, and other combustible-mineral concessions revert to national ownership without indemnity when the concession ends for any cause. (Art. 35(9); cf. 1947, Art. 67:  “for public utility or social interest, through final judgment and payment of the price”).

For national or international emergency, the President in Council may restrict or suspend guarantees throughout or within part of the territory.  Life and the protections in Article 35(2)(g) are excepted.  The decree is revoked when its causes cease; public power continues to function.  The provision contains no corresponding ten-day requirement for legislative consideration. (Arts. 36–37; cf. 1947, Art. 76:  “within the ten days following its promulgation”).

REG-MIL—The Military

Military service is a Venezuelan duty.  The Fuerzas Armadas Nacionales [National Armed Forces] are professional, impersonal, apolitical, and exclusively at the Nation’s service, with defence, internal stability, and support for constitutional law as their fundamental purposes.  Active members may neither vote nor participate in political groups.  Ranks and associated honours and benefits may be forfeited only in statutory cases and form.  The President is supreme hierarchical authority. (Arts. 33(2), 56–58, 60(4), 102; cf. 1947, Art. 93:  “obedient and non-deliberative”).

The Senate authorizes promotions from colonel or naval captain.  Congress authorizes presidential declarations of war or peace negotiations; the President directs war.  The military chapter contains no express counterpart to the antecedent’s rules on civil transmission of peacetime requisitions, ownership of armaments, or election-day quartering. (Arts. 55–58, 79(2), 81(2), 108(21–22); cf. 1947, Arts. 93, 98, 100:  “may leave their barracks only to guarantee public order and the normal and free conduct of voting”).

REG-REL—Religion

Religious freedom is subject to executive inspection of worship under law; religious beliefs or disciplines cannot excuse legal disobedience.  The Republic exercises the Patronato Eclesiástico [Ecclesiastical Patronage] according to law and may regulate Church–State relations through agreements or treaties. (Arts. 35(6), 50; cf. 1947, Arts. 38, 40, 85:  “nor to prevent another from exercising his rights”).

Lay status is required for the President, ministers, members of the Corte Federal [Federal Court] and Corte de Casación [Cassation Court], and the Procurator. (Arts. 103, 111, 131, 137; cont., 1947, Arts. 191, 202, 218, 224, 228, for these lay-status requirements).

ECO-INF—Infrastructure

The State may reserve industries, resource exploitation, or public-interest services and take economic measures to rationalize and promote production and regulate circulation and consumption.  Monopolies are prohibited; concessions must be temporary.  Exports are free subject to national-interest restrictions.  National competence encompasses the enumerated legislation, agrarian reform, tourism, lotteries, statistics, works, engineering and urbanism standards, education, culture, health coordination, natural resources, labour and social security, transport, communications, justice, and other unassigned matters.  The national government may construct works and establish services required for its administration. (Arts. 52–54, 60(6–10), (18–29), 61; cf. 1947, Art. 138(26):  “Any other matter which this Constitution attributes to the Poderes Nacionales [National Powers]”).

Municipal services and urbanism remain subject to national law and technical coordination.  National resource concessions are temporary; the executive may sell or lease vacant lands, but island vacant lands may not be alienated or granted in a manner transferring title.  Resource proceeds enter the national treasury.  Health services may be nationalized by law in the collective interest. (Arts. 21, 60(17), (20–24); cont., 1947, Arts. 112, 118–119, 138(12), (14–19), for these summarized services, resources, and public works).

CON-FIN—Final Provisions

Official acts and documents cite calendar dates and the years of Independence from 19 April 1810 and Federation from 20 February 1859. (Art. 43; new; 1947, Arts. 1–253: no corresponding general provision on official dating).

The former name Estados Unidos de Venezuela [United States of Venezuela] remains valid wherever its replacement by República de Venezuela [Republic of Venezuela] has not yet occurred.  Within five days of promulgation, the Constituent Assembly elects the President, both Chambers, both higher courts, fiscal officers, state legislatures, and municipal bodies for the term beginning on 19 April 1953.  The specified deputy population bases, alternates, council sizes, and installation dates apply. (Transitory I–II; cf. 1947, Transitory II:  “The President of the Republic, members of the Congreso Nacional [National Congress], and members of the Asambleas Legislativas [Legislative Assemblies] shall be elected within the following ninety days”).

The initial Corte Federal [Federal Court] has five members and the Corte de Casación [Cassation Court] ten, with equal alternates.  Existing organic law continues where applicable.  The Federal Court assumes the former full-court and federal-chamber functions; the Cassation Court divides into civil, commercial and labour, and criminal chambers of five members each.  The Federal Court resolves doubts. (Transitory II; cf. 1947, Transitory XII:  “the Corte Suprema de Justicia [Supreme Court of Justice] of the Republic which is to act until the next Congress, in its ordinary sessions, proceeds to the definitive election”).

Pending the legislation required by the individual-guarantees chapter, corresponding provisional-government provisions remain in force.  The President is authorized to take measures considered appropriate to preserve national security, social peace, and public order. (Transitory III; cf. 1947, Transitory XIX:  “the existing legal order remains in force”).

Existing municipal police, credit institutes, municipal and state pensions, and the specified lotteries continue until corresponding national services are organized.  States continue collecting stamped-paper tax pending fiscal-stamp reform.  The 1953–54 budget is due in the second half of May 1953, and its Situado is fixed at three hundred million bolívares. (Transitory IV–VII; cf. 1947, Transitory XVI:  “Stamped-paper tax shall continue to be collected in the States”).

Existing law remains until competent modification or repeal or express or implied displacement by this Constitution.  The final provision repeals the Constitution of 5 July 1947. (Transitory VIII; Final Provision; cf. 1947, Art. 253:  “The Constitution enacted on 16 July 1936 is repealed”).

The constitutional closing is dated 11 April 1953 at the Palacio Federal Legislativo [Federal Legislative Palace] in Caracas, year 143 of Independence and 95 of Federation.  Ricardo González C. signs as President, Óscar Rodríguez Gragirena and Jesús Guerra Olivieri as Vice-Presidents, and Francisco Carreño Delgado as secretary, with the listed representatives.  The execution order, signed by Marcos Pérez Jiménez, is dated 15 April 1953 in Caracas. (Closing and execution formulas, pp. 20–21; cf. 1947, Closing and execution formulas, pp. 39–40:  “on the fifth day of July nineteen hundred and forty-seven”).

Recension

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

Constitution of 1953:  https://cidep.online/files/constituciones/1953.pdf


24) The Constitution of 1961

The 1961 Constitución de la República de Venezuela [Constitution of the Republic of Venezuela] was sanctioned by the Congreso de la República de Venezuela [Congress of the Republic of Venezuela] in Caracas on 23 January 1961, following the favourable state legislative vote recorded in its preamble.  Raúl Leoni and Rafael Caldera signed as congressional President and Vice-President.  President Rómulo Betancourt signed the execution order at the Salón Elíptico del Palacio Federal [Elliptical Hall of the Federal Palace] on the same date, with ministerial countersignatures.  The CIDEP recension also reproduces Amendment No. 1 of 1973 and Amendment No. 2 of 1983, identified separately below. (CIDEP 1961, preamble, p. 4; closing and execution formulas, pp. 32–33; amendments, pp. 38–40).

DOC-PRE—Preamble

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

“The Congress of the Republic of Venezuela, having requested the vote of the Legislative Assemblies of the States of Anzoátegui, Apure, Barinas, Bolívar, Carabobo, Cojedes, Falcón, Guárico, Lara, Mérida, Miranda, Monagas, Nueva Esparta, Portuguesa, Sucre, Táchira, Trujillo, Yaracuy, and Zulia, and having ascertained the favourable result of the count, in representation of the Venezuelan people, for whom it invokes the protection of Almighty God;

“with the purpose of maintaining the independence and territorial integrity of the Nation, strengthening its unity, and securing liberty, peace, and the stability of its institutions; protecting and ennobling work, safeguarding human dignity, and promoting general welfare and social security; attaining the equitable participation of all in the enjoyment of wealth according to the principles of social justice, and promoting the development of the economy in the service of man; maintaining social and juridical equality, without discrimination arising from race, sex, belief, or social condition;

“cooperating with other nations and, particularly, with the sister Republics of the Continent in the purposes of the international community, on the basis of reciprocal respect for sovereignty, the self-determination of peoples, the universal guarantee of the individual and social rights of the human person, and the repudiation of war, conquest, and economic predominance as instruments of international policy;

“sustaining democratic order as the sole and irrenounceable means of securing the rights and dignity of citizens, and peacefully favouring its extension to all the peoples of the earth; and conserving and increasing the moral and historical patrimony of the Nation, forged by the people in their struggles for liberty and justice and by the thought and action of the great servants of the country, whose highest expression is Simón Bolívar, the Liberator, decrees the following Constitution.”

(CIDEP 1961, preamble, p. 4; cf. 1953, Art. 1:  “The Venezuelan Nation proclaims as the primordial reason for its existence the maintenance of its moral and historical patrimony”).

FND-TER—Territory

The República de Venezuela [Republic of Venezuela] is permanently and irrevocably free of foreign domination or protection and is a federal State under the Constitution.  Its government is democratic, representative, responsible, and alternating.  The national flag, the anthem “Gloria al bravo pueblo”, and the coat of arms are national symbols regulated by law.  Castilian is the official language. (Arts. 1–3, 5–6; cf. 1953, Art. 1:  “Federal, democratic, elective, representative, responsible, and alternating Government”).

National territory remains that of the Capitanía General de Venezuela [Captaincy General of Venezuela] before the political transformation initiated in 1810, with modifications resulting from validly concluded treaties.  Law determines the extent and conditions of sovereignty, authority, surveillance, ownership, and resource exploitation over the territorial sea, contiguous maritime zone, continental shelf, and airspace. (Art. 7; cf. 1953, Art. 2:  “the seabed and subsoil of the areas constituting its continental shelf”).

National territory cannot be ceded, transferred, leased, or alienated to a foreign power, even temporarily or partly.  Foreign States may acquire diplomatic or consular premises within the designated area under reciprocity and statutory limits.  International organizations may acquire immovables only under statutory conditions; sovereignty over the soil remains reserved. (Art. 8; cf. 1953, Art. 2:  “as premises for their diplomatic representations in the metropolitan area of the capital of the Republic”).

National territory comprises States, the Federal District, Territories, and Dependencies.  State mergers, boundary changes, compensation, and territorial cessions require agreements approved by the respective legislatures and ratified by the Senate.  Agreements between the national executive and States modifying federal-entity boundaries require the corresponding legislative and senatorial ratifications. (Arts. 9–10; cf. 1953, Art. 5:  “may be modified by special laws when reasons of high national interest so require”).

Caracas is the capital and permanent seat of the supreme national organs, without excluding their temporary exercise elsewhere.  A special law may coordinate metropolitan jurisdictions while respecting municipal autonomy.  Organic laws organize the Federal District and Territories with municipal autonomy preserved.  Special law may grant statehood to all or part of a Territory.  Dependencies comprise territory outside the other federal entities and islands forming or appearing in the territorial sea or above the continental shelf. (Arts. 11–14; cf. 1953, Arts. 8–10:  “at least the population base required for the election of one Deputy”).

Law may establish a special legal regime for territories incorporated into the Republic through their inhabitants’ free determination and congressional acceptance. (Art. 15; new; 1953, Arts. 2–10: no corresponding express provision on voluntary territorial incorporation).

POW-LEG—Congress

National constitutional terms last five years except where the Constitution provides otherwise.  Congress comprises the Senate and Chamber of Deputies, with joint sessions in the specified cases.  Their presiding officers become President and Vice-President of Congress.  Congress legislates on national matters, controls the national administration, and grants amnesty by special law; its Delegated Commission and other commissions exercise their assigned functions. (Arts. 135, 138–139; cf. 1953, Arts. 42, 62–63, 83:  “President and Vice-President of the Consejo Nacional [National Council]”).

Congressional ineligibility covers the listed executive and autonomous-institute officers until three months after final separation; federal-entity Governors and government secretaries under the stated jurisdictional distinctions; and other paid public employees within the electoral jurisdiction, subject to exceptions.  Law may disqualify specified electoral officers. (Art. 140; cf. 1953, Art. 75:  “the members of the Corte Federal [Federal Court] and of the Corte de Casación [Cassation Court]”).

Senators and deputies may accept the specified ministerial, presidential-secretariat, gubernatorial, diplomatic, or autonomous-institute presidencies while retaining their congressional investiture, but must leave their Chamber during service.  Multiple elective mandates, where permitted, cannot be exercised simultaneously. (Art. 141; cf. 1953, Art. 75(3):  “Any other public official holding a remunerated office”).

Senators and deputies incur no external responsibility for votes and opinions expressed in their functions; they answer to their respective body under the Constitution and its rules. (Art. 142; cf. 1953, Art. 77:  “for opinions they express in meetings of their Chambers or of Congress”).

Immunity runs from proclamation until twenty days after the mandate or resignation and bars the specified restraints, criminal trial, and personal or domiciliary search.  Serious flagrancy permits custody at the member’s residence with immediate notice to the Chamber or Delegated Commission; custody ends unless continuation is authorized within ninety-six hours.  Violating officials incur criminal responsibility. (Art. 143; cf. 1953, Art. 76:  “during the thirty days preceding 19 April of each year”).

The investigating court sends preliminary proceedings to the Supreme Court.  A finding of grounds for prosecution still requires the respective Chamber or Delegated Commission to lift immunity by a reasoned absolute-majority decision at a meeting called at least twenty-four hours in advance.  The Chamber may revoke a recess decision.  Immunity is suspended during qualifying public service or leave exceeding twenty days after convocation of the alternate; alternates receive protection during service and for twenty days afterwards. (Arts. 144–147; cf. 1953, Art. 76:  “While immunity lasts they may not be arrested”).

Universal, direct voting elects two senators for each State and the Federal District, with additional minority-representation senators under law.  Qualifying former Presidents also sit in the Senate.  Senators must be Venezuelan by birth and over thirty. (Arts. 148–149; cf. 1953, Arts. 70, 74:  “by the corresponding Asamblea Legislativa [Legislative Assembly] in the States and by the Concejo Municipal [Municipal Council] in the Distrito Federal [Federal District]”).

The Senate initiates treaty bills; authorizes specified national immovable sales, foreign distinctions, military missions and promotions, presidential foreign travel, and designated appointments; authorizes presidential prosecution after the Supreme Court’s finding of grounds; and grants Pantheon honours to illustrious Venezuelans twenty-five years after death. (Art. 150; cf. 1953, Art. 79:  “Authorize the promotion of Officers of the Fuerzas Armadas Nacionales [National Armed Forces]”).

Universal, direct voting with proportional minority representation elects deputies under a statutory population base no greater than one per cent of the country’s total population.  Each State elects at least two and each Territory one.  Law determines alternates.  Deputies must be Venezuelan by birth and over twenty-one. (Arts. 151–152; cf. 1953, Art. 69:  “by universal, direct, secret vote, according to law”).

The Deputies initiate budget and tax bills.  Ministerial censure is discussed only after two days; two-thirds of deputies present may decide that it entails removal and may additionally order prosecution. (Art. 153; cf. 1953, Art. 78(1):  “The vote of censure shall entail removal when the Corte Federal [Federal Court] finds the Minister’s prosecution warranted”).

Ordinary sessions run from 2 March to 6 July and from 1 October to 30 November; in the final constitutional year they run from 2 March to 15 August.  Joint Chambers may extend these periods by an absolute majority of their members.  Extraordinary sessions address the convocation, connected matters, and matters declared urgent by either Chamber.  Rules govern installation and commissions, with a quorum never below an absolute majority.  Chambers install and close together and meet in one locality. (Arts. 154–157; cf. 1953, Arts. 65, 67:  “one hundred days without extension”).

Each legislative body regulates proceedings and sanctions, qualifies members, considers resignations, organizes its police and budget, removes impediments, and executes its exclusive decisions.  Temporary separation of a member requires two-thirds of those present.  Exclusive acts are outside other powers’ veto, examination, or control, subject to constitutional excess-of-power review. (Arts. 158–159; cf. 1953, Art. 80:  “Make its Internal and Debate Rules”).

Legislative bodies and commissions may investigate under their rules.  Public officials, autonomous institutes, and private persons must appear and furnish information, with constitutional rights reserved and at least forty-eight hours’ notice of the subject.  Investigations do not displace judicial powers; judges must take evidence commissioned by legislative bodies. (Arts. 160–161; cf. 1953, Art. 80(3–4):  “after giving them at least three days’ advance notice”).

Co-legislative acts are laws and systematic compilations may be Codes.  Organic laws comprise those constitutionally designated and those given that status by an absolute majority of each Chamber at the outset of consideration.  Laws within their regulated subject matter must conform to them. (Arts. 162–163; cf. 1953, Art. 66:  “shall be called “laws””).

Bills may begin in either Chamber subject to reserved initiative.  Initiative belongs to the Delegated Commission, standing committees, the executive, at least three legislators, the Supreme Court for judicial organization and procedure, and at least twenty thousand identified electors. (Arts. 164–165; cf. 1953, Art. 85:  “by their members or by the Poder Ejecutivo Nacional [National Executive Power]”).

Bills receive at least two discussions in each Chamber on different days in plenary sitting.  Inter-chamber disagreements pass to joint session for majority resolution, including connected provisions and alternative wording.  Two-thirds may declare urgency permitting one discussion in the receiving Chamber.  Rejected bills may return in the same year’s sessions only if presented by an absolute majority of a Chamber; pending projects may continue in later sessions by the respective Chamber’s decision. (Arts. 166–169; cf. 1953, Art. 86:  “three discussions”).

Ministers may speak on bills; the designated Supreme Court magistrate may speak on judicial organization and procedure.  The legislative formula names the Congreso de la República de Venezuela [Congress of the Republic of Venezuela].  Enacted texts are duplicated, signed by the congressional officers, dated, and transmitted by the President of Congress for promulgation. (Arts. 170–172; cont., 1953, Arts. 88–89, 117, for ministerial speech, the legislative formula, and authenticated copies).

Within ten days the President promulgates or, with Council agreement, requests reasoned reconsideration of all or part of a law.  Joint Chambers may revise connected provisions.  A two-thirds decision is followed by promulgation within five days; a simple-majority decision permits one further presidential return, after which even a simple majority is definitive.  Alleged unconstitutionality may be referred to the Supreme Court, which has ten days; rejection of the objection or expiry of that period requires promulgation within five days. (Art. 173; cf. 1953, Art. 90:  “To maintain the original text of the legislative act, a two-thirds majority shall be required in each Chamber”).

Promulgation consists of official-gazette publication with the Cúmplase [Let it be complied with].  If the President omits timely promulgation, the congressional President and Vice-President promulgate in the national or congressional gazette, without prejudice to responsibility.  The executive determines the time for promulgating treaty-approval laws.  Laws repeal laws; a partial reform is published as one consolidated text. (Arts. 174–177; cf. 1953, Arts. 92–94:  “through the President of the Republic’s Ejecútese [Let it be executed]”).

During recess, the Comisión Delegada [Delegated Commission] comprises the congressional President, Vice-President, and twenty-one other members with alternates, reflecting congressional political composition where possible.  It supervises constitutional observance and guarantees, investigates, appoints special commissions, convokes extraordinary Congress, authorizes urgent public-service changes by two-thirds, additional credits, and presidential foreign travel, and reports its actions to Congress. (Arts. 178–180; new; 1953, Arts. 62–94: no corresponding permanent congressional recess commission).

Non-retroactivity, the lesser-penalty exception, immediate application of procedural law, and favourable assessment under the former law of criminal evidence already received continue. (Art. 44; cont., 1953, Art. 30).

ECO-HAC—Treasury

Everyone must contribute to public expenditure.  National fiscal competence includes currency, customs, national taxes, and resource administration.  The tax system seeks a just distribution of burdens according to economic capacity and progression, protection of the national economy, and higher living standards.  Taxes and exemptions require law.  Personal-service taxes are prohibited.  Tax laws must fix a prior period; otherwise application waits sixty days after promulgation, subject to constitutional extraordinary powers. (Arts. 56, 136(7–10), 223–226; cf. 1953, Arts. 121–125:  “after expiry of the period which must be fixed in each case”).

Expenditure requires a budget appropriation.  Necessary unprovided or insufficiently funded expenditure may receive additional credits only with treasury resources, prior Council approval, and authorization of joint Chambers or the Delegated Commission.  The executive presents the budget at the time set by organic law.  Chambers may alter appropriations but cannot authorize expenditure above the project’s estimated receipts. (Arts. 153(1), 227–228; cf. 1953, Arts. 81(5), 126:  “even if it has not been sanctioned by that date”).

The Situado distributes thirty per cent equally among States, the Federal District, and Territories and seventy per cent by population.  Its initial minimum is twelve and a half per cent of estimated ordinary budget receipts, rising from the 1962 budget by at least half a percentage point annually to a definitive minimum of fifteen per cent.  Organic law determines municipal participation.  Law may coordinate investment with national plans and limit federal-entity and municipal remuneration; revenue reductions require proportional adjustment. (Art. 229; cf. 1953, Art. 127:  “between 12.59 and 25 per cent”).

Autonomous institutes require law under the relevant organic law; institutes and state interests in other entities are subject to congressional control.  Borrowing is confined to productive works unless evident national necessity or convenience warrants otherwise and requires a special authorizing law subject to organic-law exceptions.  The State recognizes only obligations lawfully incurred by legitimate organs.  Applicable national treasury rules extend to States and Municipalities. (Arts. 230–233; cf. 1953, Art. 108(14):  “Negotiate the loans decreed by the Congreso Nacional [National Congress]”).

Qualifying national contracts require congressional approval.  New hydrocarbon and designated natural-resource concessions require prior authorization by joint Chambers after full executive disclosure.  Contracts with foreign States, official foreign entities, or non-domiciled companies, and transfers to them, require congressional approval; law may impose further conditions or guarantees. (Art. 126; cf. 1953, Art. 48:  “No national, state, or municipal public-interest contract may be concluded with foreign governments or transferred to them.”).

Where compatible with a public-interest contract’s nature, the Venezuelan-court and no-foreign-claims clause is incorporated even if unstated. (Art. 127; cf. 1953, Art. 49:  “the following clause shall be considered incorporated”).

The Contraloría General de la República [Office of the Comptroller General of the Republic] controls, supervises, and audits national receipts, expenditure, property, and related operations under law.  Its functions may extend by law to autonomous institutes and state or municipal administrations without prejudice to their autonomy.  It assists Congress and has functional autonomy. (Arts. 234–236; cf. 1953, Art. 95:  “through a body named the Contraloría de la Nación [Office of the Comptroller of the Nation]”).

The Contralor General [Comptroller General] must be Venezuelan by birth, over thirty, and lay.  Joint Chambers elect the officer within thirty days of the constitutional term; permanent vacancy entails a new election for its remainder, while law governs interim replacement.  Annual and requested reports go to Congress, with further reports available to the executive. (Arts. 237–239; cf. 1953, Arts. 96–97:  “a Deputy Comptroller shall be elected to serve as his assistant”).

The Senate authorizes qualifying national private-immovable sales.  Presidential fiscal powers include treasury administration, national borrowing, authorized additional credits, lawful national contracts, and extraordinary economic or financial measures authorized by special law when public interest requires. (Arts. 150(2), 190(8), (12–15); cf. 1953, Art. 124:  “the extraordinary powers granted to the Poder Ejecutivo Nacional [National Executive Power]”).

POW-EXE—Executive

The people exercise sovereignty through suffrage and organs of public power.  Constitution and law delimit authority; usurpation and decisions compelled by subversive force are null.  Branches have distinct functions and cooperate; abuse or illegality entails personal responsibility.  National terms ordinarily last five years; national law fixes state and municipal terms between two and five years. (Arts. 4, 117–121, 135; cf. 1953, Arts. 40–42, 59:  “The constitutional terms of Public Power shall last five years.”).

Law establishes the national administrative career and social-security incorporation; public employees serve the State and no political faction.  A second paid post ordinarily entails resignation from the first, with the stated exceptions.  Public servants may not contract with public entities except where law permits.  Foreign offices, honours, and rewards require Senate authorization. (Arts. 122–125; cf. 1953, Arts. 45–47:  “No one may hold more than one remunerated public appointment at the same time”).

International treaties and agreements require approval by special law unless they fall within the listed exceptions.  The Delegated Commission may authorize urgent provisional execution subject to subsequent congressional decision.  All international legal agreements must be reported to Congress.  The peaceful-settlement clause applies where compatible with the agreement and its conclusion procedure. (Arts. 128–129; cf. 1953, Arts. 51, 81(3):  “International treaties, conventions, or agreements whose urgency so requires may be provisionally executed”).

Executive power is exercised by the President and the other constitutionally or legally designated officers.  The President heads the State and national executive.  Eligibility requires Venezuelan birth, age over thirty, and lay status.  Universal, direct voting elects by relative majority. (Arts. 181–183; cf. 1953, Art. 104:  “at least three months before 19 April”).

Election to the presidency is barred to the serving President, one who served more than one hundred days during the preceding year, and the specified third-degree blood or second-degree affinity relatives.  The listed ministerial, gubernatorial, and presidential-secretariat offices also disqualify during the nomination-to-election period.  A President who served a full term or more than half may not return within ten years after its end. (Arts. 184–185; new; 1953, Arts. 103–107: no corresponding express presidential re-election exclusion or ten-year interval).

The President-elect takes the oath before joint Chambers within the stated ten-day period associated with their ordinary installation at the beginning of the term, or before the Supreme Court if necessary.  If the President-elect does not assume office within that period, the outgoing President yields to the provisional successor designated in Article 187.  The recension prints “designará sus poderes”. (Art. 186; cf. 1953, Art. 105:  “the outgoing President shall continue in the exercise of power”).

Permanent vacancy before assumption of office entails a new universal, direct election on the date fixed by joint Chambers.  Vacancy after assumption entails a secret congressional election within thirty days for the remainder of the term.  Meanwhile the congressional President, its Vice-President, or the Supreme Court President acts, in that order. (Art. 187; cf. 1953, Art. 106:  “the Minister who obtains an absolute majority of the votes of the Ministers in Cabinet”).

A designated minister fills temporary absence, followed where necessary by the ordinary permanent-vacancy successor.  After ninety consecutive days, joint Chambers decide whether the vacancy is permanent.  Presidential departure from national territory requires Senate or Delegated Commission authorization, including during the six months after leaving office. (Arts. 188–189; cf. 1953, Art. 107:  “Temporary absences of the President of the Republic shall be filled by the Minister”).

Presidential functions comprise constitutional and legal enforcement, ministerial appointments, military authority and contingent levels, foreign relations and treaties, emergency and defence measures, authorized economic powers, extraordinary congressional convocation, legislative regulation, authorized urgent public-service changes, fiscal administration, contracts, designated appointments, governors’ conventions, messages, pardons, and other assigned powers.  The listed functions require Council action; all presidential acts except ministerial appointments and supreme military authority require ministerial countersignature. (Art. 190; cf. 1953, Art. 108(18):  “Reserve to himself the exercise of any Ministry”).

The annual political and administrative message is due within ten days of ordinary installation and sets out the national economic and social development plan’s lines.  In the final year it is due within five days.  Presidential responsibility follows constitutional and statutory law. (Arts. 191–192; cf. 1953, Arts. 109–110:  “The President of the Republic is responsible for acts of his administration jointly with the Ministers”).

Ministers directly serve the President and together form the Council.  A minister may preside in the President’s absence, but decisions then require presidential confirmation.  Organic law organizes ministries and the Council; ministers of State may be appointed without a designated department.  Ministers must be Venezuelan by birth, over thirty, and lay.  Personal and joint responsibility applies despite express presidential orders, with recorded adverse votes excepted. (Arts. 193–196; cf. 1953, Arts. 111–115:  “The Ministers of the National Executive Departments form the Cabinet.”).

Ministers submit reasoned annual reports, plans, and accounts within ten days of ordinary sessions, or five days in the final year.  Congressional acceptance of reports or accounts does not discharge responsibility, and unprescribed acts remain investigable.  Ministers may speak in Chambers and commissions and must answer summons and interpellations. (Arts. 197–199; cf. 1953, Arts. 116–117:  “within the first days of ordinary sessions”).

POW-JUD—Judiciary

National competence includes justice, court organization, and the Ministerio Público [Public Ministry].  Judicial power resides in the Supreme Court and organic-law courts.  Judges are autonomous and independent; law regulates judicial careers, suitability, stability, court organization, removal and suspension procedures, inspection, and supporting services.  Other authorities must collaborate without impairing independence. (Arts. 136(23), 204–205, 207–210; cf. 1953, Art. 135:  “inspection to be exercised by the Poder Ejecutivo Nacional [National Executive Power]”).

Contentious-administrative jurisdiction belongs to the Supreme Court and statutory courts.  It may annul unlawful general or individual administrative acts, including misuse of power, award monetary compensation for administrative liability, and restore injured individual legal situations. (Art. 206; cf. 1953, Art. 133(9–10):  “Hear in contentious proceedings all questions arising between the Nation and private persons”).

The Corte Suprema de Justicia [Supreme Court of Justice] is the highest court, with no appeal from its decisions.  Statute determines its chambers and competence, each chamber having at least five magistrates.  Magistrates must be Venezuelan-born lawyers over thirty, with further professional-experience requirements permitted by organic law.  Joint Chambers elect them for nine years, renewing a third every three years; alternates and temporary replacements follow the specified rules. (Arts. 211–214; cf. 1953, Arts. 129–132:  “for the respective constitutional term”).

The Supreme Court determines grounds for prosecuting the President, continuing to judgment after Senate authorization, and the other specified senior officers, with the stated ordinary-crime and political-offence routes.  It annuls unconstitutional legislative and executive acts, reviews executive administrative acts, resolves conflicts of laws, intergovernmental controversies, and jurisdictional disputes, and hears cassation.  The designated constitutional powers belong to the full Court, subject to the organic-law federal-chamber option. (Arts. 215–216; cf. 1953, Arts. 133–134:  “The powers of the Corte Federal [Federal Court] are”).

Organic law must create the Consejo de la Judicatura [Council of the Judiciary] to secure judicial independence, efficacy, discipline, dignity, and career benefits, with appropriate representation of the other branches. (Art. 217; cf. 1953, Art. 135:  “The organization and functioning of the Corte Federal [Federal Court] and of the Corte de Casación [Cassation Court]”).

The Ministerio Público [Public Ministry] supervises exact observance of Constitution and law under the Fiscal General de la República [Prosecutor General of the Republic] and statutory auxiliaries.  The Fiscal must meet Supreme Court qualifications and is elected by joint Chambers within thirty days of each constitutional term; permanent vacancy entails a new election for its remainder, with other replacements governed by law. (Arts. 218–219; cf. 1953, Art. 136:  “Procurador General de la Nación [Procurator General of the Nation]”).

The Ministerio Público [Public Ministry] protects constitutional rights, lawful and timely justice, proper criminal proceedings, human rights in detention, and official accountability; it brings the specified public criminal and liability actions, without displacing others’ rights and remedies.  Authorities must collaborate.  The Fiscal reports annually within thirty days of ordinary congressional sessions. (Arts. 220–222; cf. 1953, Art. 139:  “The functions of the Ministerio Público [Public Ministry]”).

The Procuraduría General de la República [Office of the Procurator General of the Republic] separately represents and defends national patrimonial interests in and out of court, provides opinions and legal advice, and performs statutory duties with collaboration from other public legal services.  Its head must meet Supreme Court qualifications and is appointed by the President with Senate authorization, or Delegated Commission authorization for a permanent vacancy in recess.  The Procurator may speak in Council when invited. (Arts. 200–203; cf. 1953, Arts. 136–139:  “The functions of the Ministerio Público [Public Ministry], the organization of the Procuraduría de la Nación [Office of the Procurator of the Nation], and the Procurator’s powers shall be determined by law.”).

POW-SUB—Subnational Government

States are autonomous and politically equal, preserve national independence and integrity, execute constitutional law and public acts, and may retain or change their names.  Competence covers public powers, local organization, property and revenue, authorized public credit, urban and rural police, decentralized matters, and residual state matters.  The specified customs, transit, pre-circulation, discriminatory, and livestock taxes are prohibited. (Arts. 16–18; cf. 1953, Arts. 11–12, 16–17:  “It is within the competence of the States”).

Direct election with proportional minority representation forms the state Asamblea Legislativa [Legislative Assembly]; members meet deputy qualifications.  The Assembly legislates, controls state administration, considers gubernatorial management, and sanctions the budget within the Governor’s revenue estimate.  Members enjoy territorially limited immunity from ten days before sessions until ten days after their conclusion or departure from service. (Arts. 19–20; cf. 1953, Art. 13:  “The Legislative Power of the States shall be exercised by a collegiate body named Asamblea Legislativa [Legislative Assembly].”).

The Governor heads state government and administration and acts as national executive agent.  Venezuelan birth, age over thirty, and lay status are required.  The Governor enforces law and national orders, appoints staff under career rules, and presents reports and budgets.  A law admitted by two-thirds of joint Chambers may establish selection and removal and is exempt from presidential veto; meanwhile presidential appointment and removal continue.  Legislative disapproval entails removal only when expressly approved by two-thirds of the Assembly. (Arts. 21–24; cf. 1953, Art. 108(10):  “Appoint and remove the Governors of the States”).

Municipalities are the primary autonomous political units and have legal personality.  Constitutional, national organic, and state law regulate their organization, with different lawful regimes permitted and democratic local government required.  They may form Districts or associations for common purposes.  Autonomy comprises election of authorities, management of local matters, and creation, collection, and investment of revenue; acts are challenged only judicially. (Arts. 25–29; cf. 1953, Art. 18:  “Municipal Power shall be exercised in each District of the States”).

Municipal competence embraces local interests, property, revenue, urbanism, supplies, circulation, culture, health, social assistance, popular credit, tourism, and police.  Law may assign exclusive matters and minimum services.  Revenue includes property, services, licences, local taxes, fines, subsidies, donations, and lawful additional contributions.  Ejidos remain inalienable and imprescriptible subject to construction and agrarian exceptions protecting urban development.  Credit is permitted under law; specified taxes remain prohibited. (Arts. 30–34; cf. 1953, Arts. 20–21:  “Municipalities may not contract loans abroad.”).

National law fixes state and municipal terms between two and five years.  Two-thirds of each congressional Chamber may attribute specified national matters to States or Municipalities for administrative decentralization.  National competence includes international action, national interests and symbols, naturalization, admission, extradition and expulsion of foreigners, identification and national police, federal-entity organization, the enumerated fiscal, legal, military, social, resource, and administrative subjects, and matters national by their nature. (Arts. 135–137; cf. 1953, Art. 60(29):  “Every matter which this Constitution does not attribute to other powers”).

CON-AMD—Amending the Constitution

A constitutional amendment may originate with a quarter of one Chamber or a quarter of state legislatures, each acting by absolute majority after at least two discussions.  It begins in ordinary sessions and may continue in the next extraordinary sessions.  Congress follows legislative procedure and submits the amendment for state ratification.  In the following year’s ordinary sessions, joint Chambers count the votes and sanction points ratified by two-thirds of legislatures.  Amendments are numbered and printed after the Constitution, with cross-references rather than alteration of its text. (Art. 245; cf. 1953, Arts. 140–142:  “two-thirds of them have considered the reform advisable”).

General reform requires initiative by a third of Congress or an absolute majority of state legislatures acting through the prescribed two-discussion absolute-majority agreements.  Joint Chambers admit it by two-thirds of those present after at least three days’ notice.  The project follows legislative procedure and then a referendum; a majority of voters throughout the Republic permits congressional sanction of the new Constitution. (Art. 246; new; 1953, Arts. 140–142: no corresponding referendum procedure for general constitutional reform).

Rejected amendment or reform initiatives cannot return during the same constitutional term.  The President may not object and must promulgate within ten days, with congressional substitute promulgation on omission.  Urgency provisions in ordinary lawmaking do not apply. (Arts. 247–249; new; 1953, Arts. 140–142: no corresponding express rules on renewed initiatives, presidential objections, or legislative urgency).

The Constitution retains force despite non-observance by force or purported repeal outside its own procedure.  Citizens have a duty to help restore it.  Those responsible and the specified subsequent officeholders are subject to constitutional judgment.  Congress may order seizure of their assets and those of persons enriched under the usurpation, by absolute majority, to compensate the Republic. (Art. 250; new; 1953, Arts. 140–142; Final Provision: no corresponding constitutional-inviolability article).

Amendment No. 1 (1973)

The appended 1973 amendment bars election as President, senator, deputy, or Supreme Court magistrate after a final ordinary-court sentence exceeding three years’ imprisonment for offences committed in or in connection with public office.  Any elector may appeal the competent body’s decision to the full Supreme Court, which must decide within ten days; the printed procedural clause reads “Esta apelación se oirá en un sólo efecto”.  The amendment directs republication and notes to Articles 149, 152, 182, and 213. (Amendment No. 1, 1973, pp. 38–39).

Amendment No. 2 (1983)

The appended 1983 amendment authorizes distinct electoral systems for municipal councils and state legislatures; requires an organic pension law; sets 23 January for first-year ordinary installation; creates a twenty-three-member Legislative Commission and a defined bill-approval procedure; permits sittings with at least a third of members while requiring an absolute majority for voting; requires first-year approval of national development-plan lines; and provides transitional term adjustments and republication directions.  These are later amendment provisions. (Amendment No. 2, 1983, pp. 39–40).

CIV-SUF—Suffrage

Voting is a right and public function and is compulsory within statutory limits.  Venezuelans who have completed eighteen years may vote unless civilly interdicted or politically disqualified.  Municipal voting may extend to foreigners under statutory residence and other conditions.  Public-office eligibility requires literacy and age over twenty-one, subject to constitutional and statutory qualifications.  Electoral law guarantees free, secret voting, proportional minority representation, independent electoral bodies without party predominance, and participating parties’ electoral supervision. (Arts. 110–113; cf. 1953, Art. 39:  “Law shall determine the conditions and other modalities governing the exercise of suffrage”).

State legislative elections are direct with proportional minority representation; municipal autonomy includes election of authorities.  Senators, deputies, and the President are elected universally and directly under their respective provisions.  Birth nationality and the specified ages apply to national legislative and presidential eligibility.  The absence of an express active-service voting prohibition is recorded under REG-MIL. (Arts. 19, 29, 148–149, 151–152, 182–183; cf. 1953, Art. 70:  “Senators shall be elected by the corresponding Asamblea Legislativa [Legislative Assembly]”).

CIV-CIT—Citizenship

Birth nationality covers birth in the Republic; foreign birth to two Venezuelan-born parents; foreign birth to one Venezuelan-born parent followed by residence or declaration; and foreign birth to a naturalized Venezuelan parent followed by residence before eighteen and declaration before twenty-five. (Art. 35; cf. 1953, Art. 22:  “Persons born aboard Venezuelan ships or aircraft outside another State’s jurisdiction”).

Naturalization is acquired by certificate, with special facilities for persons holding Spanish or Latin American nationality by birth.  A foreign wife becomes Venezuelan by declaration, as do the specified resident foreign minors under the parental authority of a naturalized person or adopted by Venezuelans, upon declaration before twenty-five. (Arts. 36–37; cf. 1953, Art. 23:  “Natives of Spain or Latin American States who are domiciled in the country and express their will to become Venezuelan”).

A Venezuelan wife retains nationality unless she declares otherwise and acquires her husband’s under his national law.  Nationality is lost through voluntary acquisition or choice of another or judicial revocation of naturalization.  Birth nationality is recovered by domicile and declaration or residence for at least two years.  Authentic declarations may be made personally after eighteen or through a legal representative before that age.  Law regulates acquisition, choice, loss, recovery, conflicts, and naturalization nullity. (Arts. 38–42; cf. 1953, Arts. 24, 26–27:  “A Venezuelan woman marrying a foreigner shall retain Venezuelan nationality.”).

RTS-GAR—Rights

Free development of personality is protected within others’ rights and public and social order.  Foreigners share rights and duties subject to exceptions, with political rights generally reserved; qualifying early-arriving naturalized residents receive birth-national rights.  Rights-violating public acts are null and entail the stated official liability without excuse from manifestly unlawful superior orders.  Public indemnity is confined to legitimate official action.  Unenumerated inherent rights remain protected despite absence of implementing law.  Duties cover national defence, lawful obedience, service, work, education, public contributions, and social solidarity. (Arts. 43, 45–47, 50–57; cf. 1953, Arts. 28, 31–34:  “Everyone has the right to do what does not harm another”).

Officers restricting liberty must identify themselves when requested.  Courts must protect every inhabitant’s constitutional rights through brief, summary amparo proceedings, with power immediately to restore the infringed legal situation. (Arts. 48–49; new; 1953, Arts. 28–37: no corresponding express identification duty or general constitutional amparo remedy).

Life, personal liberty, security, honour, reputation, and privacy are protected.  Detention ordinarily requires a written order, with flagrancy excepted, access to the preliminary record and defence, and urgent police measures subject to prompt judicial control.  Non-criminal civil imprisonment, incommunicado detention, torture, physical or moral abuse, compelled self-incrimination against oneself or the specified family members, perpetual or infamous penalties, repeated trials, and forced recruitment are prohibited.  The maximum custodial penalty is thirty years; law governs military service and rehabilitative dangerousness measures. (Arts. 58–60; cf. 1953, Art. 35(2):  “Be imprisoned or detained otherwise than according to law”).

The protected personal relationship expressly includes a person with whom the accused lives maritally.  Notice and hearing precede conviction, with statutory trial in absence permitted for offences against public affairs.  Release follows a competent release order or completed sentence, and bail for provisional liberty carries no tax. (Art. 60(4–6); cf. 1953, Art. 35(2)(c–e):  “against his spouse or against his relatives”).

Equality prohibits discrimination by race, sex, belief, or social condition, hereditary distinctions, and identification marking filiation.  The home is protected subject to prevention of crime, lawful judicial decisions, and sanitary visits with notice.  Judicial seizure of correspondence requires legal formalities and protection of unrelated private matter; accounts remain inspectable.  Movement is free subject to law; Venezuelans need no entry authorization and cannot be exiled except by commutation requested by the convicted person.  Natural judges and pre-existing penalties are guaranteed. (Arts. 61–64, 69; cf. 1953, Art. 35(3–5), (8):  “the competent authority”).

Expression through any medium is protected without prior censorship, subject to statutory criminal penalties.  Anonymity, war propaganda, offences to public morals, and propaganda provoking legal disobedience are prohibited, with analysis and criticism of legal precepts preserved.  The recension prints “Tampoco se permitir la propaganda de guerra”. (Art. 66; cf. 1953, Art. 35(7):  “Freedom of expression of thought, with the limitations established by law”).

Petition carries a right to timely response; access to justice and defence throughout proceedings are protected, including assistance for those without sufficient means.  Lawful association, assembly without prior permission, peaceful unarmed manifestation, and democratic political-party association are guaranteed.  Political asylum is recognized under statute and international law. (Arts. 67–68, 70–71, 114–116; cf. 1953, Art. 35(10):  “The rights of assembly, association, and union organization, according to law”).

The State protects associations serving human and social purposes, cooperatives, the family, marriage, unattachable family patrimony, and access to suitable housing.  Maternity receives protection regardless of civil status.  Children receive protection from conception through development, parental identification and support, safeguards against abandonment, exploitation, and abuse, and special legislation and institutions.  Health protection, rural living conditions, and the special statutory protection and progressive incorporation of Indigenous communities are provided. (Arts. 72–77; cf. 1953, Art. 35(11):  “Freedom and protection of work, according to law”).

Education is obligatory in the degree and conditions set by law and is a right supported by adequate state institutions and services.  Official education is free at every level, subject to possible higher and specialized education exceptions for persons with means.  Private teaching and institutions are free under state inspection and demonstrated competence.  Education serves personality, democratic citizenship, culture, and solidarity; teachers receive professional protection.  Law regulates qualifications and compulsory professional membership; the State protects cultural and historic wealth. (Arts. 55, 78–83; cf. 1953, Art. 35(13):  “Freedom of teaching, with the limitations law establishes”).

Work is a duty and right and receives special protection; favourable statutory provisions are non-waivable.  Ordinary maximum hours are eight daily and forty-eight weekly by day, seven daily and forty-two weekly by night, subject to exceptions and progressive reduction.  Paid rest and holidays, fair and minimum wages, equal pay, profit participation, protected remuneration and social benefits, employment stability, seniority and unemployment benefits, and intermediary or contractor liability are prescribed. (Arts. 54, 84–89; cf. 1953, Art. 35(11):  “Freedom and protection of work, according to law”).

Law favours collective negotiation and peaceful settlement, protects collective agreements and the permitted union clause, regulates unions with protection of organizers and directors, and recognizes strike subject to statutory public-service rules.  Women and minors receive special protection.  Progressive social security covers the enumerated employment, health, disability, old-age, death, unemployment, and family risks, with interim assistance for those lacking means. (Arts. 90–94; cf. 1953, Art. 35(10–11):  “the right of union organization, according to law”).

The economic order rests on social justice, collective welfare, development, diversification, income growth, and economic sovereignty.  Lawful gainful activity and private initiative are protected, subject to constitutional and statutory limits and measures against abusive economic practices.  Monopolies are barred, temporary exclusive public-interest concessions are permitted, and industries or services may be reserved to the State.  National planning, regulation, foreign-capital rules, Latin American economic integration, and representative economic consultation are provided. (Arts. 95–98, 107–109; cf. 1953, Arts. 35(12), 52–55:  “rationalize and promote production and regulate the circulation and consumption of wealth”).

Property serves a social function under law.  Intellectual creations receive statutory protection.  Expropriation requires public utility or social interest, final judgment, and just indemnity; specified cases permit guaranteed deferred payment or compulsory bonds.  Confiscation is confined to Article 250, with international-law measures concerning foreigners reserved.  Concession lands revert without indemnity.  Latifundia are declared contrary to social interest; law provides their elimination, peasant land endowment, and productive means.  Natural resources are conserved for collective benefit. (Arts. 99–103, 105–106; cf. 1953, Art. 35(9):  “through final judgment and payment of its price”).

The President may declare emergency for internal or external conflict or well-founded danger of it.  Emergency, disturbances threatening peace, or grave economic or social circumstances permit restriction or suspension of guarantees, except life and Article 60(3), (7).  Council decrees state grounds, guarantees, and territory and go to joint Chambers or the Delegated Commission within ten days.  Restriction does not impair national organs.  Revocation and termination follow the specified executive and legislative procedures. (Arts. 240–243; cf. 1953, Arts. 36–37:  “In case of national or international emergency”).

Where imminent disturbances do not justify general restriction or suspension, the President in Council may order indispensable detention or confinement of suspects.  Measures go to Congress or the Delegated Commission within ten days and cease immediately if unjustified; if approved, they may last no more than ninety days. (Art. 244; cf. 1953, Art. 36:  “restrict or suspend, wholly or partly, citizens’ guarantees”).

REG-MIL—The Military

Military service is compulsory without class distinction; forced recruitment is prohibited.  Civil and military authority cannot coincide except in the President as Commander-in-Chief.  The armed forces are apolitical, obedient, non-deliberative, devoted to national defence, democratic institutions, and constitutional law, and may serve neither a person nor a political faction.  Only the State may possess and use war armaments, which become national property without indemnity or proceedings.  Other weapons and state or municipal police are regulated by law. (Arts. 53, 60(9), 131–134; cf. 1953, Art. 56:  “a professional, impersonal, and apolitical institution”).

The Senate authorizes Venezuelan military missions abroad and foreign missions in Venezuela, and promotions from colonel or naval captain.  Presidential powers include supreme hierarchical command, force contingents, and the necessary defence, territorial-integrity, and sovereignty measures in international emergency. (Arts. 150(4–5), 190(3–4), (7); cf. 1953, Art. 79(2):  “from the ranks of Colonel or Naval Captain, both inclusive”).

The armed-forces provisions contain no express counterpart to the antecedent’s prohibition of active members’ voting, political-group membership, and political activities. (Arts. 110–113, 131–134, 148, 151, 183; cf. 1953, Art. 57:  “may not exercise suffrage, belong to political groups, or participate in their activities”).

REG-REL—Religion

Religious belief and private or public worship are protected within public order and good morals.  Worship remains subject to executive inspection under law.  Belief cannot excuse legal disobedience or prevent another’s exercise of rights.  The Patronato Eclesiástico [Ecclesiastical Patronage] remains statutory, with agreements or treaties permitted for Church–State relations. (Arts. 65, 130; cf. 1953, Arts. 35(6), 50:  “No one may invoke religious beliefs or disciplines to evade compliance with the laws”).

Lay status is required for Governors, the President, ministers, and the Contralor General [Comptroller General].  Supreme Court, Fiscal, and Procurator qualifications contain no express lay-status requirement. (Arts. 21, 182, 195, 237; cf. 1953, Arts. 131, 137:  “of lay status”).

ECO-INF—Infrastructure

National matters include resources, weights and measures, statistics, engineering and urbanism standards, public works, education, health coordination, agriculture and fisheries, housing, transport and ports, national roads and railways, communications, and the specified national legislation.  National-resource companies’ transport infrastructure must serve the public under law.  Natural resources are conserved; temporary mining concessions and the prohibition on alienating saltworks and island vacant lands apply, with special economic allocations to qualifying States. (Arts. 104–106, 136(10), (12–22), (24), 137; cf. 1953, Art. 60(17):  “Only concessions may be granted, and only for a limited time”).

Municipalities retain local services, urbanism, and their revenues.  National technical coordination and the specified urban tramway and traction-cable exceptions apply.  Health services may be nationalized by law in the collective interest.  Municipal land dispositions preserve the construction and agrarian-reform exceptions, with urban-development land protected. (Arts. 30–32, 136(14–21); cf. 1953, Art. 21(3):  “except for construction and for purposes of agrarian reform”).

CON-FIN—Final Provisions

The separately enacted transitional provisions possess constitutional force and may be amended only through Title X. Article 252 repeals the constitutional order in force before promulgation. (Arts. 251–252; cf. 1953, Final Provision:  “The Constitution of 5 July 1947 is repealed.”).

The existing municipal regime continues pending implementing legislation.  Specified nationality declarations receive a one-year accommodation; existing Spanish and Latin American naturalization facilities and revocation rules continue pending law, with a six-month Supreme Court appeal against administrative revocation. (Transitory I–IV; cf. 1953, Transitory VIII:  “The existing legal order remains in force”).

Pending the special amparo law, any person may seek habeas corpus before the competent criminal court of first instance.  The custodian must report within twenty-four hours; the judge decides within ninety-six hours and may impose the specified security or thirty-day departure restriction.  Mandatory superior review does not stay immediate execution.  The recension prints a sixty-two-hour period for the superior court. (Transitory V; new; 1953, Arts. 28–37; Transitory III: no corresponding transitional habeas corpus procedure).

Pending procedural legislation, qualifying judicial-police authorities must bring a preventive detainee before the court within eight days.  The court decides within ninety-six hours, extendible in grave and complex cases to eight days.  Specified exile measures adopted from 23 January 1958 through 31 July 1960 may continue only within the current constitutional term; public-order detainees must be released or brought before courts within two months. (Transitory VI–VII; cf. 1953, Transitory III:  “the measures he considers appropriate to preserve the security of the Nation in every form”).

The former-presidential Senate rule applies to the designated present and former officeholders.  Legislators may return from unexcepted public posts during the next ordinary sessions.  Existing criminal sanctions temporarily enforce legislative information demands.  Pending treaty and tax bills may continue despite originating in the other Chamber.  Joint Chambers elect the initial Delegated Commission and act where statute requires congressional authorization, approval, or sanction, unless legislative procedure is appropriate. (Transitory VIII–XIII; cf. 1953, Transitory II:  “the Constituent Assembly shall proceed to organize Public Power”).

Existing judges continue for their statutory terms, subject to the Judicial Council’s one-year power of removal after summary investigation for grave misconduct or manifest incapacity.  Existing Federal and Cassation Court members form the Supreme Court for the rest of the current term, installing within thirty days.  Three autonomous chambers, the applicable organic laws, jurisdiction, alternates, and doubt-resolution procedures are specified.  Initial later appointments are staggered for nine, six, and three years. (Transitory XIV–XV; cf. 1953, Transitory II:  “The Corte Federal [Federal Court] shall assume all powers which belonged to the Corte Plena [Full Court] and to the Sala Federal [Federal Chamber].”).

The serving Procurator continues as Fiscal General through the present term and also performs Procurator functions until the presidential appointment.  The Contralor [Comptroller] continues as Contralor General [Comptroller General]; the Subcontralor [Deputy Comptroller] and specified replacements continue pending organic law.  The budget is temporarily due within fifteen days of ordinary sessions. (Transitory XVI–XVIII; cf. 1953, Transitory II:  “The Procurador de la Nación [Procurator of the Nation] and his five alternates”).

The next national term begins on 2 March 1964; the Chambers install then, and Supreme Court elections occur within thirty days.  Current state legislative and municipal terms end on 1 January 1964 unless renewed earlier by law.  The presidential assumption reference is printed as “artículo 168”; Article 186 contains the assumption-of-office procedure. (Transitory XIX; cf. 1953, Transitory II:  “the constitutional term beginning on 19 April 1953”).

Property covered by the specified 1958 decree and investigations of enrichment linked to conduct before 23 January 1958 passes to the national patrimony under the stated rules.  The Procurator, Investigating Commission, and Supreme Court have designated functions, with appeal periods, procedures, repayment rules, third-party claims, and criminal actions preserved.  The non-retroactivity rule is expressly inapplicable to the measures; Transitory XXII prints its personal reference as “disposición decimaoctava”. (Transitory XX–XXII; new; 1953, Transitory I–VIII: no corresponding transitional patrimonial-recovery procedure).

Existing law remains until competent modification or repeal or express or implied constitutional displacement. (Transitory XXIII; cont., 1953, Transitory VIII).

The Constitution is dated 23 January 1961 at the Palacio Federal Legislativo [Federal Legislative Palace] in Caracas, year 151 of Independence and 102 of Federation.  Raúl Leoni signs as congressional President and Rafael Caldera as Vice-President, with the listed legislators and secretaries.  The Salón Elíptico del Palacio Federal [Elliptical Hall of the Federal Palace] execution order bears the same date, Rómulo Betancourt’s signature, and ministerial countersignatures.  The separately enacted transitional text bears the same date. (Closing and execution formulas, pp. 32–33; cf. 1953, Closing and execution formulas, pp. 20–21:  “Caracas, 15 April 1953”).

Recension

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

Constitution of 1961:  https://cidep.online/files/constituciones/1961.pdf


“Unmasking Disappointment: Series XX”

October 12, 2026

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

*

Scope and Use

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

19) The Constitution of 1931

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

Fundación Empresas Polar: Pedro Itriago Chacín.

DOC-PRE—Preamble

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

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

(CIDEP 1931, p. 3, preamble).

FND-TER—Territory

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

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

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

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

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

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

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

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

POW-LEG—Congress

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ECO-HAC—Treasury

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

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

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

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

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

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

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

POW-EXE—Executive

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

POW-JUD—Judiciary

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

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

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

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

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

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

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

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

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

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

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

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

POW-SUB—Subnational Government

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

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

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

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

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

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

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

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

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

CON-AMD—Amending the Constitution

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

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

CIV-SUF—Suffrage

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

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

CIV-CIT—Citizenship

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

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

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

RTS-GAR—Rights

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

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

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

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

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

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

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

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

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

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

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

REG-MIL—The Military

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

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

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

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

REG-REL—Religion

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

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

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

ECO-INF—Infrastructure

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

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

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

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

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

CON-FIN—Final Provisions

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

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

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

Sanctioning Agreement

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

Recension

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

20) The Constitution of 1936

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

Fundación Empresas Polar:  Eleazar López Contreras.

DOC-PRE—Preamble

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

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

(CIDEP 1936, p. 4, preamble).

FND-TER—Territory

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

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

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

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

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

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

POW-LEG—Congress

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ECO-HAC—Treasury

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

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

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

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

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

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

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

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

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

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

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

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

POW-EXE—Executive

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

POW-JUD—Judiciary

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

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

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

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

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

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

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

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

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

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

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

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

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

POW-SUB—Subnational Government

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

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

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

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

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

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

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

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

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

CON-AMD—Amending the Constitution

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

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

CIV-SUF—Suffrage

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

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

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

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

CIV-CIT—Citizenship

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

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

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

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

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

RTS-GAR—Rights

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

REG-MIL—The Military

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

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

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

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

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

REG-REL—Religion

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

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

ECO-INF—Infrastructure

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

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

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

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

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

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

CON-FIN—Final Provisions

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

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

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

Sanctioning Agreement

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

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

Recension

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


“Unmasking Disappointment: Series XIX”

October 5, 2026

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

*

Scope and Use

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

17) The Constitution of 1928

The 1928 Constitución de los Estados Unidos de Venezuela [Constitution of the United States of Venezuela], dated 22 May 1928 at the Palacio Federal Legislativo [Federal Legislative Palace], Caracas, was ordered executed at the Palacio Federal [Federal Palace], Caracas, on 23 May 1928 by President Juan Vicente Gómez. (CIDEP 1928, p. 23, closing and execution formulas).

DOC-PRE—Preamble

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

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

(CIDEP 1928, p. 3, preamble).

FND-TER—Territory

The Nación Venezolana [Venezuelan Nation] consists of all Venezuelans united in a political pact under the name Estados Unidos de Venezuela [United States of Venezuela]; it is permanently and irrevocably free and independent of foreign domination or protection.  The territory is that belonging to the Capitanía General de Venezuela [Captaincy General of Venezuela] before the political transformation of 1810, with modifications resulting from treaties.  No part may be ceded, transferred, leased or otherwise alienated to a foreign power, even temporarily. (Arts. 1–2; cont., 1925, Arts. 1–2).

The national territory is divided into Estados [States], the Distrito Federal [Federal District], Territorios Federales [Federal Territories] and Dependencias Federales [Federal Dependencies].  The twenty Estados [States] are Anzoátegui, Apure, Aragua, Bolívar, Carabobo, Cojedes, Falcón, Guárico, Lara, Mérida, Miranda, Monagas, Nueva Esparta, Portuguesa, Sucre, Táchira, Trujillo, Yaracuy, Zamora and Zulia. (Arts. 3–4; cont., 1925, Arts. 3–4).

State boundaries follow the provincial boundaries established by the Law of 28 April 1856, subject to the creation of the Distrito Federal [Federal District], Territorios Federales [Federal Territories] and Dependencias Federales [Federal Dependencies], the Constitution of 5 August 1909 and the 1917 agreement between Aragua and Carabobo.  Neighbouring Estados [States] may alter their common boundary through agreements approved by their respective legislatures, including reciprocal territorial compensation or cession. (Art. 5; cont., 1925, Art. 5).

The Distrito Federal [Federal District] comprises the departments Libertador and Vargas.  The text places Caracas and the outlying parishes El Recreo, El Valle, La Vega, Antímano, Macarao and Macuto in Libertador.  A special law organizes the district and determines its municipal powers so that federal political action is not obstructed. (Art. 6; cont., 1925, Art. 6).

Caracas is the capital and seat of federal government, subject to Art. 100, powers 24(b) and 25. (Art. 7; cont., 1925, Art. 7).

Amazonas and Delta Amacuro are Territorios Federales [Federal Territories], organized by special laws.  Their boundaries, and those of the Distrito Federal [Federal District] with neighbouring Estados [States], may be modified by agreements concluded by the Poder Ejecutivo Federal [Federal Executive Power] and the respective state governments and approved by the Congreso [Congress] and the respective Asambleas Legislativas [Legislative Assemblies]. (Art. 8; cont., 1925, Art. 8).

A Territorio Federal [Federal Territory] may become a Estado [State] upon attaining the population required for one deputy and proving to the Congreso [Congress] that it can maintain every branch of public service and meet the necessary expenditure. (Art. 9; cont., 1925, Art. 9).

The Dependencias Federales [Federal Dependencies] comprise the Venezuelan islands in the Caribbean Sea except Margarita and Coche, which constitute Nueva Esparta.  Their government and administration belong directly to the executive until the law elevates them to the category of Territorios Federales [Federal Territories]. (Art. 10; cf. 1925, Art. 10:  “except the island of Margarita, which constitutes the Estado [State] of Nueva Esparta”).

The Corte Federal y de Casación [Federal and Cassation Court] decides boundary disputes between Estados [States], and those arising between them and the Distrito Federal [Federal District] or Territorios Federales [Federal Territories], through the procedure prescribed by law. (Art. 11; cf. 1925, Art. 11:  “Existing disputes between the Estados [States] concerning their boundaries, and those subsequently arising from the same cause”).

POW-LEG—Congress

The Poder Legislativo [Legislative Power] is exercised by the Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela], consisting of the Cámara de Diputados [Chamber of Deputies] and Cámara del Senado [Senate].  Both Diputados [Deputies] and Senadores [Senators] serve three-year terms. (Art. 55; cf. 1925, Art. 55:  “composed of two Chambers, one of Diputados [Deputies] and the other of Senadores [Senators]”).

Each Estado [State] elects Diputados [Deputies] directly under its Ley de Elecciones [Electoral Law], one per 35,000 inhabitants and one additional deputy for an excess of 15,000.  A Estado [State] with fewer than 35,000 inhabitants elects one deputy.  An equal number of Suplentes [Alternates] is elected to fill vacancies in the order of election. (Art. 56; cont., 1925, Art. 56).

The Diputados [Deputies] serve three years and are renewed in their entirety. (Art. 56, final paragraph; cont., 1925, Art. 56, final paragraph).

A deputy must be Venezuelan by birth and have completed twenty-one years of age.  The Distrito Federal [Federal District] and Territorios Federales [Federal Territories] attaining the prescribed population elect Diputados [Deputies] directly under the formalities fixed by law.  The population basis excludes indígenas no reducidos [unreduced Indigenous people]. (Arts. 57–58; cont., 1925, Arts. 57–58).

The Cámara de Diputados [Chamber of Deputies] may give a voto de censura [vote of censure] to Ministros del Despacho [Cabinet Ministers] whose acts it considers to warrant it.  The Presidente de la República [President of the Republic] is not obliged to remove them until the Corte Federal y de Casación [Federal and Cassation Court] declares that legal grounds exist for putting them on trial.  Other powers may be assigned by law. (Art. 59; cont., 1925, Art. 59).

Each state Asamblea Legislativa [Legislative Assembly] elects, from outside its own membership, two principal Senadores [Senators] and two Suplentes [Alternates], the latter filling vacancies in election order.  A senator must be Venezuelan by birth and over thirty years of age. (Arts. 60–61; cont., 1925, Arts. 60–61).

Art. 60 ends with the order for filling vacancies.  The senatorial term is stated in Art. 55. (Arts. 55, 60; cf. 1925, Art. 60:  “The Senadores [Senators] shall serve for three years and shall be renewed in their entirety.”).

The Cámara del Senado [Senate] may authorize the transfer of the remains of illustrious Venezuelans to the Panteón Nacional [National Pantheon] after twenty-five years from their death; consent to national officials accepting gifts, offices, honours or rewards from foreign governments; and consent to military promotions from Coronel [Colonel] and naval promotions from Capitán de Navío [Naval Captain], inclusive. (Art. 62(1–3); cont., 1925, Art. 62(1–3)).

The Cámara del Senado [Senate] also has the powers assigned to it by law. (Art. 62(4); cont., 1925, Art. 62(4)).

The Cámaras Legislativas [Legislative Chambers] meet annually in the capital on 19 April or the nearest possible day, without prior convocation.  Ordinary sessions last ninety days and cannot be extended; every day and hour within that period is available for ordinary sessions.  Extraordinary sessions convened by the executive address the matters specified in the convocation and connected legislation requiring amendment. (Art. 63; cont., 1925, Art. 63).

Opening sessions require two-thirds of the membership; those present without that number form a Comisión Preparatoria [Preparatory Commission] and take measures to secure attendance.  Subsequent sessions require an absolute majority.  Sessions are public unless the respective Chamber resolves that they shall be secret. (Arts. 64–65; cont., 1925, Arts. 64–65).

Each Chamber adopts its Reglamento Interior y de Debates [Rules of Internal Procedure and Debate], disciplines infringements, controls order in its building, corrects or punishes disorderly spectators, removes impediments to its lawful functions, executes its exclusive resolutions, determines the qualifications of its members and receives their resignations.  Both Chambers sit in the same town and open and close sessions on the same day and hour; suspension or relocation requires the other Chamber’s consent, with disagreements decided in joint session. (Arts. 66–67; cont., 1925, Arts. 66–67).

During sessions, any public office is incompatible with membership of either Chamber.  Remuneration is fixed by law and may be increased only for the following term. (Arts. 68–69; cont., 1925, Arts. 68–69).

Legislative inmunidad [immunity] runs from thirty days before 19 April until thirty days after the close of sessions.  Members cannot be imprisoned, arrested, confined, detained or obstructed in their functions, even upon committing an offence during that period.  Where the alleged offence carries a pena corporal [penalty restricting personal liberty], the sumario [preliminary criminal investigation] is stayed during immunity, while investigative steps continue.  Members need not answer claims, take oaths or answer judicial interrogatories during the same period, which is excluded from procedural time limits.  The Chambers cannot waive this immunity. (Art. 70; cont., 1925, Art. 70).

Art. 70(1) states the exclusion of Art. 32(15)(c) with the qualification “with respect to the duration of the sumario [preliminary criminal investigation]”. (Art. 70(1); cf. 1925, Art. 70(1):  “without the provision contained in letter c), guarantee 15, Article 32 of this Constitution applying in this case”).

Members are not responsible for opinions expressed in their Chambers.  They cannot make contracts with the Ejecutivo Federal [Federal Executive] on their own or another’s behalf, or pursue others’ claims before it. (Arts. 71–72; cont., 1925, Arts. 71–72).

When the list of senatorial Suplentes [Alternates] is exhausted or reduced by death or another permanent vacancy, the respective Asamblea Legislativa [Legislative Assembly] fills it for the remainder of the legislative term.  State constitutions and the Ley Orgánica del Distrito Federal [Organic Law of the Federal District] determine how vacancies in the Cámara de Diputados [Chamber of Deputies] are filled. (Art. 73; cf. 1925, Art. 73:  “for the remainder of the replaced member’s or members’ term”).

The Chambers act separately but sit jointly when the Constitution or laws require it, or when one invites the other and the latter agrees and fixes the meeting time.  Their separate acts as co-legislators are Leyes [Laws]; acts adopted jointly, or separately on matters exclusive to one Chamber, are Acuerdos [Resolutions].  The presiding officer of the Cámara del Senado [Senate] presides over the Congreso [Congress], and that of the Cámara de Diputados [Chamber of Deputies] serves as its vice-president. (Arts. 74–76; cont., 1925, Arts. 74–76).

In joint session the Congreso [Congress] conducts the elections assigned to it, receives the resignation of the Presidente de la República [President of the Republic], examines the annual Mensaje [Message], approves or disapproves ministerial Memorias y Cuentas [Reports and Accounts], admits qualifying Territorios Federales [Federal Territories] as Estados [States], and examines Créditos Adicionales [Additional Appropriations] for compliance with the constitutional procedure. (Art. 77; cont., 1925, Art. 77).

As co-legislators the Chambers decree national taxes and loans, regulate national debt, create and suppress national offices, legislate on federal administration and currency, and authorize the disposal of nationally owned immovable property.  Compulsory circulation of banknotes or any paper representation of value is prohibited, and the patrón de oro [gold standard] must be maintained.  Weights and measures follow the metric decimal system. (Art. 78(1–4, 7–8); cont., 1925, Art. 78(1–4, 7–8)).

Treaties and diplomatic conventions require legislative approval before ratification or exchange.  The approving law receives the Ejecútese [Let it be executed] only when the other party’s acceptance is established; official publication follows ratification and exchange.  Contracts for railways, aerial haulage cables, telegraphic or wireless communications, immigration and other authorized matters of national interest require legislative approval.  concesiones mineras [mining concessions] and titles to tierras baldías [ungranted public lands] granted under their respective laws are exempt from that approval. (Art. 78(5–6); cont., 1925, Art. 78(5–6)).

The Chambers enact the Ley de Presupuesto General de Rentas y Gastos Públicos [General Revenue and Public Expenditure Budget Law], fixing federal salaries and expenditure for the fiscal year.  Outside that law, they cannot order another specified expenditure through a special law or resolution.  They examine and approve the Censo Nacional [National Census], prescribe the special administration of Territorios Federales [Federal Territories], and increase the population basis for electing Diputados [Deputies] when the approved census requires it. (Art. 78(9–12); cont., 1925, Art. 78(9–12)).

General laws govern civil pensions, retirement benefits and montepíos militares [military survivors’ pension funds] payable by the Tesoro Nacional [National Treasury].  The budget supplies aggregate appropriations, distributed by the executive through the competent minister under the law.  The Chambers decree war, require peace negotiations, legislate on recruitment and replacement of land and sea forces, grant amnistías [amnesties], and legislate on the security of ports and coasts. (Art. 78(13–17); cont., 1925, Art. 78(13–17)).

Legislative powers include the Censo electoral [Electoral Register], Instrucción Pública [Public Instruction], Hacienda Nacional [National Public Finance Administration], air, maritime and river navigation, docks, Correos [Postal Services], Telégrafos [Telegraphs], wireless communications, railways, national roads and motor traffic, tierras baldías [ungranted public lands], salinas [saltworks], pearl fishing and mines, together with the subjects listed in Art. 15(4) and other matters of federal competence. (Art. 78(18–19); cont., 1925, Art. 78(18–19)).

A bill may originate in either Chamber upon presentation by at least three of its members, or through the minister responsible for a proposal from the executive.  After admission it receives three discussions separated by at least one day.  The other Chamber follows the same procedure and returns any amendments.  If disagreement persists after written reasons from the originating Chamber, joint session decides disputed and connected articles by majority vote and may adopt a different wording. (Arts. 79–82; cont., 1925, Arts. 79–82).

Rejected bills cannot be presented again until the following year or later.  Bills left pending at the close of sessions require a new presentation and all discussions in a subsequent year.  An amending law must reproduce its entire text and repeal the previous law in full; repeal follows the same formalities as enactment. (Arts. 83–84, 86–87; cont., 1925, Arts. 83–84, 86–87).

The legislative formula is the name of the Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela] followed by “Decrees:”.  Enacted texts are prepared in duplicate without alterations, signed by the presiding officers and secretaries of the Congreso [Congress], and dated with final approval.  One copy goes to the Presidente de la República [President of the Republic] for countersignature with the competent ministers and official publication.  Printing errors require corrected republication or a ministerially certified errata notice. (Arts. 85, 88–89; cont., 1925, Arts. 85, 88–89).

A law takes effect on its stated date or, if none is stated, upon official publication.  Legislative power cannot be delegated.  Legislation is not retroactive except where it imposes a lesser penalty.  Procedural laws apply immediately to pending cases; in criminal cases, evidence already taken is assessed under the law in force when it was offered insofar as that benefits the accused. (Arts. 90–92; cont., 1925, Arts. 90–92).

ECO-TES—Treasury

The federal authorities have competence over Aduanas [Customs Houses], import duties and duties on foreign goods passing through to foreign destinations.  The Impuesto Territorial [Territorial Tax] remains payable at Aduanas [Customs Houses] until abolished by law and enters the Tesoro Nacional [National Treasury].  Exports are free of tax.  Federal revenues include estampillas o timbres fiscales [fiscal stamps or revenue stamps], cigarettes, tobacco, registration, inheritance, matches, spirits, liquors and other taxes established as national taxes by law. (Art. 15(14, 17); cont., 1925, Art. 15(14, 17)).

The Situado Constitucional [Constitutional Revenue Allocation] equals twelve per cent of total revenue, calculated for each fiscal year from receipts in the immediately preceding calendar year and included annually in the national expenditure budget.  It is distributed among the Estados [States], Distrito Federal [Federal District] and Territorios Federales [Federal Territories] in proportion to population. (Art. 17(4)(1); cf. 1925, Art. 17(4)(1):  “The sum thus fixed shall be distributed among all the Estados [States] in proportion to their population”).

Art. 17(4)(1) states the twelve-per-cent allocation without the initial three-year provision for a fixed annual sum. (Art. 17(4)(1); cf. 1925, Art. 17(4)(1):  “in the sum of ten million bolívares per year […] After this Constitution has been in force for three years”).

State revenues also include the tax on papel sellado [stamped paper], consumption taxes and contributions established by their Asambleas Legislativas [Legislative Assemblies].  papel sellado [stamped paper] cannot be demanded for assessment or payment of national taxes, or used to collect prohibited contributions.  Estados [States] cannot create Aduanas [Customs Houses], levy import or export duties, tax foreign goods in transit abroad, invade national or municipal tax subjects, tax interstate transit, tax goods before they are offered for consumption, prohibit consumption of goods from elsewhere, discriminate against such goods, require federal tax officials to collect state taxes, or impose payment in personal labour or its monetary equivalent. (Art. 17(4)(2–3); cont., 1925, Art. 17(4)(2–3)).

Municipal revenue powers carry the restrictions in Art. 17(4)(3).  patentes [business licence taxes] on agriculture, livestock raising and the catching of edible fish are prohibited at municipal, state and national levels.  Estados [States] and Municipalidades [Municipalities] cannot contract loans abroad. (Arts. 18(3), 24; cont., 1925, Arts. 18(3), 24).

No tax may be collected without legal authorization.  Expenditure from the Tesoro Nacional [National Treasury] requires an appropriation in the Ley de Presupuesto General de Rentas y Gastos Públicos [General Revenue and Public Expenditure Budget Law] or a previously decreed Crédito Adicional [Additional Appropriation].  Officials who contravene this rule are civilly liable to the Tesoro Nacional [National Treasury] for the amounts paid. (Art. 48; cf. 1925, Art. 48:  “in the Presupuesto General de Gastos Públicos [General Public Expenditure Budget]”).

The Presidente de la República [President of the Republic], in the Consejo de Ministros [Council of Ministers], may decree Créditos Adicionales [Additional Appropriations] when a budget chapter is insufficient or an expense was not foreseen, provided available funds cover them without impairing ordinary expenditure, which takes precedence.  The Congreso [Congress] examines compliance with these conditions.  Ministers account for funds handled; the minister responsible for national revenues prepares the budget bill in consultation with the others. (Arts. 100(30), 77(6), 109; cont., 1925, Arts. 100(30), 77(6), 109).

Each Estado [State] retains ownership of its salinas [saltworks], tierras baldías [ungranted public lands], their products, ostrales de perlas [pearl-oyster beds] and mines, while administration belongs to the Ejecutivo Federal [Federal Executive].  The resulting revenue, including sales of tierras baldías [ungranted public lands], enters the Tesoro Nacional [National Treasury].  salinas [saltworks] are inalienable.  tierras baldías [ungranted public lands] on maritime, river and lake islands cannot be alienated, and their use cannot directly or indirectly transfer ownership. (Art. 15(18); cont., 1925, Art. 15(18)).

concesiones mineras [mining concessions] are temporary.  Laws governing the sale, lease or gratuitous grant of tierras baldías [ungranted public lands] must establish a derecho de preferencia [right of preference] for occupants. (Art. 15(18); cf. 1925, Art. 15(18):  “that concesiones mineras [mining concessions] shall not be perpetual”).

The occupant-preference clause occurs in Art. 15(18) of the 1928 recension; it does not occur in Art. 15(18) of the 1925 recension.

POW-EXE—Executive

Federal administration not assigned by the Constitution to another authority belongs to the Poder Ejecutivo Federal [Federal Executive Power], exercised by the Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela].  The laws determine the federal employees and agents through whom administration operates; assistance may be required from state governments in constitutionally permitted cases. (Arts. 93–94; cf. 1925, Art. 93:  “in conjunction with the Ministros del Despacho [Cabinet Ministers]”).

The Presidente de la República [President of the Republic] must be Venezuelan by birth, over thirty, of estado seglar [lay status] and in possession of all civil and political rights. (Art. 95; cont., 1925, Art. 95).

Arts. 95–99 provide for the Presidente de la República [President of the Republic] and ministerial substitution; they contain no office of Vicepresidente de la República [Vice-President of the Republic]. (Arts. 95–99; cf. 1925, Art. 95:  “There shall also be a Vicepresidente de la República [Vice-President of the Republic], who must meet the same conditions required for the President.”).

Within the first fifteen days of its installation in the year beginning the constitutional term, the Congreso [Congress] elects the Presidente de la República [President of the Republic].  The election sitting is fixed at least five days in advance and the notice is officially published.  The oath is taken before the Congreso [Congress], or before the Corte Federal y de Casación [Federal and Cassation Court] if circumstances prevent the former. (Arts. 96, 99; cf. 1925, Art. 96:  “to elect the Presidente y Vicepresidente de los Estados Unidos de Venezuela [President and Vice-President of the United States of Venezuela]”).

A temporary presidential absence is filled by the Ministro del Despacho [Cabinet Minister] designated by the Presidente de la República [President of the Republic].  Upon a permanent vacancy, the Congreso [Congress] elects a replacement for the remainder of the term.  Until that person takes office, the minister already acting continues; if none is acting, the Gabinete [Cabinet] chooses a minister by majority vote.  If the Congreso [Congress] is not in ordinary session, the acting minister convenes extraordinary sessions. (Art. 97; cf. 1925, Art. 98:  “Temporary and permanent absences of the Presidente de la República [President of the Republic] shall be filled by the Vicepresidente de la República [Vice-President of the Republic]”).

Absence from the capital within national territory is not a temporary absence from office.  From any place in the country, the Presidente de la República [President of the Republic] may instruct ministers concerning resolutions to be issued in the capital and receive foreign diplomatic ministers. (Art. 98; cf. 1925, Art. 98:  “is not obliged to leave the exercise of office merely through absence from the capital”).

Federal constitutional terms last seven years and are counted from 19 April 1922.  Presidential service runs from the oath until 19 April in the year when the term ends.  On that date the executive is delivered to a member or alternate of the Corte Federal y de Casación [Federal and Cassation Court] designated by that Court under Art. 120(17), pending the accession of the elected successor. (Arts. 54, 103, 120(17); cf. 1925, Art. 103:  “the Presidente de la Corte Federal y de Casación [President of the Federal and Cassation Court] shall take charge of the executive power”).

The Presidente de la República [President of the Republic] appoints and removes Ministros del Despacho [Cabinet Ministers], receives foreign diplomatic ministers, signs official letters to heads of state, administers the Distrito Federal [Federal District] and Territorios Federales [Federal Territories], and may designate a Ministro del Despacho [Cabinet Minister] to exercise the presidency temporarily and resume office during the constitutional term. (Art. 100(1–6); cf. 1925, Art. 100(6):  “To call the Vicepresidente de la República [Vice-President of the Republic] to exercise the presidency when he considers it appropriate”).

The Presidente de la República [President of the Republic] orders the Constitution and laws executed and published; issues implementing Decretos [Decrees] and Reglamentos [Regulations] in the Consejo de Ministros [Council of Ministers] without altering the laws’ spirit, purpose or reason; negotiates legislatively authorized loans through the appropriate minister with Gabinete [Cabinet] approval; regulates public or private health, postal, telegraph and telephone services in the Consejo de Ministros [Council of Ministers]; and orders the census and submits it for legislative approval. (Art. 100(7–11); cont., 1925, Art. 100(7–11)).

Through the appropriate ministers, the Presidente de la República [President of the Republic] issues patentes de navegación [navigation licences] and nationality certificates, appoints national officials whose selection belongs to no other official and removes them, and administers national revenues.  In the Consejo de Ministros [Council of Ministers], the Presidente de la República [President of the Republic] creates and funds necessary public services during legislative recess.  With Gabinete [Cabinet] approval, the Presidente de la República [President of the Republic] orders the Ministerio Público Federal [Federal Public Ministry] to prosecute officials where grounds exist and convenes the Congreso [Congress] extraordinarily.  War is declared after the Congreso [Congress] has decreed it. (Art. 100(12–19); cont., 1925, Art. 100(12–19)).

The Presidente de la República [President of the Republic] conducts diplomatic negotiations personally or through the competent minister, and concludes treaties through chosen plenipotentiaries with Consejo de Ministros [Council of Ministers] approval and subsequent legislative approval.  Treaties cannot impair Arts. 37–39 and must provide for arbitramento [arbitration] of differences over interpretation or execution.  Authorized contracts of national interest are made through the competent ministers with Consejo de Ministros [Council of Ministers] approval and submitted to the Congreso [Congress].  Entry of foreigners may be prohibited and expulsion ordered in cases permitted by international law or national legislation. (Art. 100(20–22); cont., 1925, Art. 100(20–22)).

The Presidente de la República [President of the Republic] directs war, commands the Ejército [Army] and Armada [Navy] personally or appoints their commander, organizes the Ejército [Army] and Milicia Nacional [National Militia] under the law, and fixes the strength of land and sea forces. (Art. 100(23); cont., 1925, Art. 100(23)).

The Presidente de la República [President of the Republic] decrees suspension of garantías constitucionales [constitutional guarantees] in the cases specified in Art. 36.  During civil or international war, additional powers permit requesting state assistance, temporarily relocating federal powers, ordering prosecution for traición a la Patria [treason against the Nation], reorganizing Estados [States] controlled by rebels or participating in rebellion, and issuing patentes de corso [letters of marque] and authorizing represalias [reprisals]. (Art. 100(24); cont., 1925, Art. 100(24)).

During an official visit with some or all Ministros del Despacho [Cabinet Ministers] to Estados [States] or Territorios Federales [Federal Territories], the seat of the Poder Ejecutivo Federal [Federal Executive Power] is the place where the Presidente de la República [President of the Republic] is located; the visit decree regulates routine administration in Caracas.  The Presidente de la República [President of the Republic] may use the fuerza pública [public force] to end armed conflict between Estados [States] after good offices fail, exercise functions delegated by state constitutions, grant indultos [pardons], and order the issue of titles granting or leasing tierras baldías [ungranted public lands] and concesiones mineras [mining concessions]. (Art. 100(25–29); cf. 1925, Art. 100(25):  “together with all or some of the Ministros del Despacho [Cabinet Ministers] and the Secretario general [Secretary-General]”).

The annual Mensaje [Message] is presented personally or through a minister within the first ten days of ordinary sessions and accounts for acts of administration and the condition of the Republic. (Art. 101, first paragraph; cf. 1925, Art. 101:  “and shall indicate the improvements which, in his judgment, it would be appropriate to adopt in the legislation in force”).

In the final year of the presidential term, the Mensaje [Message] is presented on 19 April or left signed with the acting president for transmission when the Congreso [Congress] meets. (Art. 101, final paragraph; new).

The Presidente de la República [President of the Republic] is responsible only for traición a la Patria [treason against the Nation] and ordinary offences. (Art. 102; cf. 1925, Art. 102:  “The Presidente de la República [President of the Republic] or whoever acts in his stead is responsible only for traición a la Patria [treason against the Nation] and ordinary offences.”).

The Ministros del Despacho [Cabinet Ministers] are the legally required organs through which presidential powers are exercised.  The law fixes their functions and organizes their departments.  Presidential decrees require countersignature by the competent ministers, who issue the resolutions and orders within the presidential powers.  Without that requirement presidential dispositions have no effect, except ministerial appointments and designation of an acting minister under Art. 100(6).  A freely appointed and removable Gobernador del Distrito Federal [Governor of the Federal District] is the presidential organ for administration of the Distrito Federal [Federal District]. (Arts. 104–105; cf. 1925, Art. 104:  “The President’s acts shall have no effect without that requirement.”).

A Ministro del Despacho [Cabinet Minister] must be Venezuelan by birth, over thirty and in possession of civil and political rights.  Decisions are taken in the Gabinete [Cabinet] when the Constitution or laws require it or the Presidente de la República [President of the Republic] convenes it because of the matter’s importance.  Otherwise, the competent minister or ministers countersign or execute the presidential decision. (Arts. 106–107; cf. 1925, Art. 106:  “To be a Ministro del Despacho [Cabinet Minister] and Secretario general [Secretary-General]”).

Arts. 104–107 contain the ministerial provisions without the office of Secretario general [Secretary-General] provided in the antecedent charter. (Arts. 104–107; cf. 1925, Art. 105:  “The Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela] shall also have a Secretario general [Secretary-General]”).

Ministers’ acts must conform to the Constitution and laws.  Their personal responsibility is not excused by presidential orders, even written orders; responsibility for acts resolved in the Gabinete [Cabinet] is joint.  Ministers submit reasoned and documented Memorias y Cuentas [Reports and Accounts] within the first ten days of annual sessions.  Ministers may speak in the Chambers and must attend when summoned to provide information. (Arts. 108, 109 (first paragraph), 110; cont., 1925, Arts. 108, 109 (first paragraph), 110).

In the final presidential year, ministers present their Memorias y Cuentas [Reports and Accounts] on 19 April or, if the Cámaras Legislativas [Legislative Chambers] have not yet assembled, leave them with the acting president for transmission when the Congreso [Congress] meets. (Art. 109, final paragraph; new).

POW-JUD—Judiciary

The Poder Judicial [Judicial Power] resides in the Corte Federal y de Casación [Federal and Cassation Court] and the other courts established by law.  Jueces Federales [Federal Judges] are appointed for a fixed period and cannot be removed during it except in cases prescribed by law. (Arts. 116–117; cont., 1925, Arts. 116–117).

The Corte Federal y de Casación [Federal and Cassation Court] consists of seven Vocales [Members of the Court], Venezuelans by birth, over thirty and lawyers of the Republic, serving seven years.  At the end of their term they remain until their replacements take office.  The Court acts in Salas [Divisions of the Court], whose membership is fixed by law. (Art. 118; cf. 1925, Art. 118:  “who shall hold office for seven years”).

The Congreso [Congress] elects each of the seven Vocales [Members of the Court] separately by absolute majority during the first thirty days of sessions in the year beginning the constitutional term.  At the same sitting it elects seven numbered Suplentes [Alternates], who fill temporary and permanent vacancies in that order.  The Court fills incidental absences under the law.  The Congreso [Congress] completes a depleted list of Suplentes [Alternates], placing the new appointees at its end; successive excuses from service without resignation are treated as incidental absences. (Art. 119; cf. 1925, Art. 119:  “Incidental absences shall be filled as the law provides.”).

The Court hears accusations against the Presidente de la República [President of the Republic] or acting president, Ministros del Despacho [Cabinet Ministers], the Procurador General de la Nación [Procurator General of the Nation], the Gobernador del Distrito Federal [Governor of the Federal District] and its own members, and against state presidents and other high state officials designated by state law.  It hears civil and criminal cases involving diplomatic officials where international law permits, and criminal cases concerning Venezuelan diplomatic agents’ misconduct abroad. (Art. 120(1–4); cont., 1925, Art. 120(1–4)).

Its jurisdiction includes the recurso de casación [appeal in cassation], other appeals assigned by law, causas de presas [prize cases], disputes among the specified political officials and federal or state entities, and conflicts of judicial competence where no other authority exists to decide them. (Art. 120(5–8); cont., 1925, Art. 120(5–8)).

The Court declares the nulidad [nullity] of national or state laws conflicting with the Constitution, limiting nullity to the conflicting provisions unless their connection with the rest requires invalidation of the whole law.  It determines which national or state law, or which conflicting provisions of one law, must prevail.  It annuls legislative or executive acts violating state rights or autonomy and state or municipal acts violating the specified restrictions on revenue powers. (Art. 120(9–11); cont., 1925, Art. 120(9–11)).

The Court annuls executive Decretos [Decrees] and Reglamentos [Regulations] that alter the spirit, reason or purpose of laws, and acts within Arts. 42–43 issued by national authorities, authorities of the Distrito Federal [Federal District] or high state officials.  A ministerial resolution concerning execution, interpretation or lapse of a federal contract requires the procedure in Art. 120(13). (Art. 120(12); cont., 1925, Art. 120(12)).

In juicio contencioso [contentious proceedings], the Court decides disputes between the Nation and contractors or concessionaires concerning nullity, lapse, termination, scope, interpretation or performance of federal contracts, concesiones mineras [mining concessions] and grants of tierras baldías [ungranted public lands], including refusals of titles claimed as due.  Matters reserved by the law applicable at the time to executive decision without judicial recourse remain excepted.  Subject to treaties and statutory conditions, the Court gives foreign judgments enforceable effect and hears statutory claims for damages and other monetary claims against the Nation. (Art. 120(13–15); cont., 1925, Art. 120(13–15)).

The Court decides the boundary disputes specified in Art. 11. (Art. 120(16); cf. 1925, Art. 120(16):  “To decide boundary disputes arising between the Estados [States] of the Union under Article 11.”).

On 19 April at the beginning of each federal term, the Court designates a principal member or alternate to take charge of the executive under Art. 103.  A principal member leaves the Court upon taking executive office.  The person designated continues until the elected Presidente de la República [President of the Republic] takes office, even if the Court is renewed in the meantime. (Art. 120(17); new).

Other matters of federal competence may be assigned to the Court by the Constitution and laws. (Art. 120(18); cont., 1925, Art. 120(17)).

For accusations under Art. 120(1–2), the Court summarily decides whether there are grounds for formación de causa [commencement of criminal proceedings], considering the evidence submitted and evidence it orders obtained.  An affirmative decision suspends the official during the case; a negative decision ends proceedings.  Ordinary offences pass to the competent ordinary court, while political offences remain before the Court through final judgment.  The Court sends the Congreso [Congress] an annual report of its work and proposed legislative reforms. (Arts. 121–122; cont., 1925, Arts. 121–122).

Federal judicial competence includes the Court’s assigned cases, ordinary justice in the Distrito Federal [Federal District], Territorios Federales [Federal Territories] and Dependencias Federales [Federal Dependencies], and Tribunales Federales [Federal Courts] acting even within Estados [States] in cases involving the Nation, military proceedings, tierras baldías [ungranted public lands], mines, salinas [saltworks], federal taxation and other cases determined by law.  The law may entrust federal judicial functions to Tribunales de los Estados [State Courts]. (Art. 15(7); cf. 1925, Art. 15(7), final clause:  “in the cases just mentioned”).

The Ministerio Público Federal [Federal Public Ministry] represents the Ejecutivo Federal [Federal Executive] before federal and state courts when required by the Constitution and laws.  It is headed by the Procurador General de la Nación [Procurator General of the Nation], freely appointed and removable by the Presidente de la República [President of the Republic], with subordinate appointments governed by law.  It supervises lawful application in criminal cases and cases involving the Fisco Nacional [National Fisc], public order or public morals; supplies legal opinions to the executive or the Court; exercises the Ministerio Fiscal [Prosecutorial Office] in Art. 120(1–3) cases; and represents the Nation in litigation.  The Procurador General de la Nación [Procurator General of the Nation] follows lawful executive instructions transmitted through the competent ministry. (Arts. 111–115; cont., 1925, Arts. 111–115).

At the request of the Ejecutivo Federal [Federal Executive], the Procurador General de la Nación [Procurator General of the Nation] brings accusations before the competent authority against federal officials whose conduct gives grounds for prosecution. (Art. 114(3); cont., 1925, Art. 114(3)).

POW-SUB—Subnational Government

The Estados [States] recognize one another’s autonomy and political equality and retain soberanía [sovereignty] not delegated by the Constitution.  Their first duty and that of the Federation is preservation of national independence and integrity.  They cannot break national unity, ally with foreign powers, request their protection or cede territory to them.  National and state government is republican, federal, democratic, elective, representative, responsible and alternating. (Arts. 12–13; cont., 1925, Arts. 12–13).

The Estados [States] are divided into Distritos [Districts] with autonomía municipal [municipal autonomy], independent of state political power in their administrative affairs within constitutional restrictions.  During foreign or internal war, a state executive may assume district administration under the state constitution. (Art. 14; cont., 1925, Art. 14).

The Estados [States] adopt constitutions and laws organizing their public powers, elect those powers under their constitutions and laws, and may delegate specified functions to the Presidente de la República [President of the Republic].  They may retain or change their names.  They administer civil and criminal justice through their own courts except in matters reserved to federal judges; their judgments are reviewed only by the Corte Federal y de Casación [Federal and Cassation Court] through the remedies and with the effects prescribed by law. (Art. 17(1–3, 5); cont., 1925, Art. 17(1–3, 5)).

The Municipalidades [Municipalities] organize police, food supplies, cemeteries, municipal ornamentation, civil architecture, street lighting, aqueducts, urban tramways and other municipal services.  They administer ejidos [municipal common lands] and other municipal lands, which cannot thereafter be alienated except for construction. (Art. 18(1–2); cont., 1925, Art. 18(1–2)).

Hygiene services follow federal health laws and regulations and remain “under the inspection of the federal sanitary service”. (Art. 18(1); cf. 1925, Art. 18(1):  “under the supreme inspection of the federal sanitary service”).

The Estados [States] must comply with and execute the federal Constitution, laws and lawful federal orders.  The Estados [States] and Municipalidades [Municipalities] give full faith and execution to public and judicial acts from federal authorities, other Estados [States] and the Distrito Federal [Federal District]. (Arts. 16, 19; cf. 1925, Art. 19:  “emanating from federal authorities or the other Estados [States]”).

Federal judges, public prosecutors, administrative and revenue officials, and forces assigned to borders, public peace, garrisons, arsenals, coasts and ports may operate within the Estados [States].  Their jurisdiction is limited to their functions; they have no special personal jurisdiction or privilege distinguishing them from other residents.  Estados [States] cannot impose duties incompatible with their federal service.  The federal government may build the works needed for its administration. (Arts. 20–21; cont., 1925, Arts. 20–21).

The Estados [States] must prevent recruitment or levies intended to attack another nation’s peace, liberty or independence, or disturb internal peace.  They cannot make war on one another and must remain neutral in disputes among other Estados [States] until required to act by the federal government. (Arts. 22–23; cont., 1925, Arts. 22–23).

Two or more Estados [States] may unite to form a single Estado [State], while retaining the freedom to recover their autonomy.  In either case they notify the federal executive, the Congreso [Congress] and the other Estados [States]. (Art. 25; cf. 1925, Art. 25:  “but always retaining the freedom to recover their status as Estados [States]”).

Official acts and documents of the Nation, Estados [States], Distrito Federal [Federal District], Territorios Federales [Federal Territories] and Municipalidades [Municipalities] must carry the calendar date and the years of Independence, counted from 19 April 1810, and Federation, counted from 20 February 1859. (Art. 26; cf. 1925, Art. 26:  “of the Nation and of the Estados [States]”).

Poder Público [Public Power] is distributed among federal, state and municipal authorities within constitutional limits.  The Poder Federal [Federal Power] is divided into legislative, executive and judicial branches. (Art. 51; cont., 1925, Art. 51).

CON-AMD—Amending the Constitution

Total or partial reform is declared by the Congreso [Congress] in ordinary sessions upon requests from three-quarters of the state Asambleas Legislativas [Legislative Assemblies], likewise meeting in ordinary sessions.  Amendments and additions may address only points upon which a majority of Estados [States] agree. (Art. 123; cont., 1925, Art. 123).

Amendments and additions follow the procedure for enacting laws.  Once the Congreso [Congress] approves them, its presiding officer submits them to the Asambleas Legislativas [Legislative Assemblies] for final ratification. (Arts. 124–125; cont., 1925, Arts. 124–125).

The Congreso [Congress] may also initiate amendments or additions under the procedure in Arts. 124–125; they are enacted upon ratification by two-thirds of the state Asambleas Legislativas [Legislative Assemblies].  Whether the initiative originated in the Asambleas Legislativas [Legislative Assemblies] or the Cámaras Legislativas [Legislative Chambers], the final state votes return to the Congreso [Congress] for scrutiny. (Arts. 126–127; cf. 1925, Art. 126:  “by the procedure indicated in the preceding Article”).

CIV-SUF—Suffrage

The right of sufragio [suffrage] makes Venezuelans over twenty-one who are not subject to interdicción [judicial interdiction] or a criminal conviction involving inhabilitación política [political disqualification] electors and eligible for public office, subject to constitutional restrictions and statutory requirements of competence or capacity for particular offices. (Art. 32(12); cont., 1925, Art. 32(12)).

State constitutions must provide direct, secret voting for Concejos Municipales [Municipal Councils], Asambleas Legislativas [Legislative Assemblies] and Diputados [Deputies], using the Censo electoral [Electoral Register] under federal law.  Diputados [Deputies] are directly elected; Senadores [Senators] are chosen by the state Asambleas Legislativas [Legislative Assemblies] from outside their membership.  The Congreso [Congress] elects the members and alternates of the Corte Federal y de Casación [Federal and Cassation Court]. (Arts. 17(1), 56, 58, 60, 119; cont., 1925, Arts. 17(1), 56, 58, 60, 119).

The Congreso [Congress] elects the Presidente de la República [President of the Republic]. (Art. 96; cf. 1925, Art. 96:  “to elect the Presidente y Vicepresidente de los Estados Unidos de Venezuela [President and Vice-President of the United States of Venezuela]”).

The constitutional age requirement is completion of twenty-one years for a deputy and age over thirty for a senator.  The Presidente de la República [President of the Republic] must be over thirty, Venezuelan by birth, of estado seglar [lay status] and in possession of civil and political rights. (Arts. 57, 61, 95; cont., 1925, Arts. 57, 61, 95).

Troops must remain in barracks during electoral periods. (Art. 47; cont., 1925, Art. 47).

CIV-CIT—Citizenship

Venezuelan nacionalidad [nationality] belongs by birth and is acquired by naturalización [naturalization].  Those born in national territory and children of Venezuelan parents, wherever born, are Venezuelan by birth. (Arts. 27–28; cont., 1925, Arts. 27–28).

Art. 29(1) includes adult children born abroad to a father and mother who are Venezuelan by naturalización [naturalization], if they establish domicile in the country and declare their intention to be Venezuelan. (Art. 29(1); cf. 1925, Art. 29(1):  “of a father or mother who are Venezuelan by naturalización [naturalization]”).

This comparison records the conjunction printed in each CIDEP recension; it does not establish whether the variant originated in the enacted instrument or in its reproduction.

The remaining categories are persons born in the Ibero-American republics who establish residence and declare their intention to be Venezuelan; foreigners obtaining a carta de naturaleza [certificate of naturalization] under the law; and a foreign woman married to a Venezuelan while the marriage subsists, or who, within one year after its dissolution, declares her intention to remain Venezuelan. (Art. 29(2–4); cont., 1925, Art. 29(2–4)).

The declarations under Art. 29(1), (2) and (4) are made before the Registrador Principal [Principal Registrar] for the jurisdiction where the person establishes domicile.  The declaration is entered in the Protocolo [Register] and copied to the Ejecutivo Federal [Federal Executive] for official publication after the procedures required by law.  nacionalidad [nationality] is not acquired before that publication. (Art. 30; cf. 1925, Art. 30:  “The declarations of intention referred to in the preceding Article”).

Venezuelans must defend the country and obey the Constitution, laws and lawful implementing orders.  They cannot undertake service against Venezuela and, if they do, are punishable as traitors under the law.  The law fixes foreigners’ rights and duties, which cannot exceed those of Venezuelans.  Foreigners participating in Venezuelan political contests incur the same responsibilities as Venezuelans and the measures specified by the charter. (Arts. 31, 37–38; cont., 1925, Arts. 31, 37–38).

Neither nationals nor foreigners may claim compensation from the Nation, Estados [States] or Municipalidades [Municipalities] for damage, loss or expropriation not carried out by legitimate authorities acting in their public capacity. (Art. 39; cont., 1925, Art. 39).

RTS-GAR—Rights

Life is inviolable, and no law or authority may establish or impose the pena de muerte [death penalty].  Property is subject to lawful contributions and taking for works of public utility through juicio contradictorio [adversarial proceeding] and indemnización previa [prior compensation], under the law.  Owners must obey legislation on public hygiene, conservation of forests and waters, and comparable community requirements. (Art. 32(1–2); cf. 1925, Art. 32(2):  “a prior juicio contradictorio [adversarial proceeding] and compensation”).

Postal and telegraphic correspondence and private papers are inviolable; seizure requires a competent judicial order and legal formalities, preserving secrecy for domestic and private matters unrelated to the case.  The home may be entered only to prevent the commission or completion of an offence, execute lawful judicial decisions or carry out lawful sanitary visits. (Art. 32(3–4); cont., 1925, Art. 32(3–4)).

Personal liberty includes abolition of reclutamiento forzoso [compulsory recruitment], with military service governed by law; permanent prohibition of slavery and freedom for any enslaved person entering the country; liberty to do what harms no one else; and freedom from obligations not legally imposed or prohibitions not established by law. (Art. 32(5); cont., 1925, Art. 32(5)).

Thought may be expressed orally, in writing or through the press, subject to legal penalties for injuria [insult], calumnia [calumny], difamación [defamation], ultraje [outrage] and instigación a delinquir [incitement to commit offences].  Propaganda of communism is prohibited. (Art. 32(6); cf. 1925, Art. 32(6):  “the offences of injuria [insult], calumnia [calumny], difamación [defamation] or ultraje [outrage]”).

Persons may travel without a passport, change domicile subject to legal formalities, leave and return to the Republic, and take and bring their property.  Work and industry are free subject to public order and public morals.  Industrial monopolies are prohibited, subject to the temporary privileges expressly permitted by Art. 32(8). (Art. 32(7–8); cont., 1925, Art. 32(7–8)).

Unarmed public or private assembly is free from coercion by the authorities; association remains subject to statutory restrictions and prohibitions.  Petitions to public officials or official bodies carry a right to timely reply.  Officials who violate their duties may be accused before competent courts.  Freedom of teaching is guaranteed. (Art. 32(9–11, 13); cont., 1925, Art. 32(9–11, 13)).

No person may be imprisoned for debt not arising from an offence or tried by specially created tribunals or commissions instead of their Jueces naturales [legally competent judges] under pre-existing law.  Arrest or detention requires a información sumaria [preliminary evidentiary inquiry] establishing an offence carrying a pena corporal [penalty restricting personal liberty] and a written order stating the reason, unless the person is caught in fraganti [in the act of committing the offence].  The sumario [preliminary criminal investigation] may not extend beyond thirty days after detention. (Art. 32(15)(a–c); cont., 1925, Art. 32(15)(a–c)).

No person may be held incommunicado or compelled to swear or undergo criminal interrogation against themselves, their ascendants, relatives within the fourth degree of consanguinity or second degree of affinity, or their spouse.  Detention must end when a final judicial decision destroys its grounds or sufficient fianza [bail] is furnished in cases where provisional release is permitted by law. (Art. 32(15)(d–f); cont., 1925, Art. 32(15)(d–f)).

Criminal punishment requires personal notification of the charges and a hearing in the legal form.  A pena corporal [penalty restricting personal liberty] cannot exceed twenty years.  penas infamantes [infamous penalties] and perpetual penalties, including those not restricting personal liberty, are prohibited.  No person may be tried twice for the same offence. (Art. 32(15)(g–i); cont., 1925, Art. 32(15)(g–i)).

All are subject to the same laws, equal legal protection throughout national territory, and equal duties, services and contributions; exemptions require legal authorization.  Titles of nobility, hereditary distinctions and offices paying beyond the duration of service cannot be granted.  Official address is limited to ciudadano [citizen] and usted [you, in formal address], except diplomatic formulas. (Art. 32(16); cont., 1925, Art. 32(16)).

Enumeration of rights does not deny other rights belonging to citizens.  Federal laws, state constitutions and laws, and municipal ordinances impairing guaranteed rights are null, as declared by the Corte Federal y de Casación [Federal and Cassation Court].  Persons issuing, signing, executing or ordering rights-violating measures are punishable under the law, subject to the exception for competent official measures in the circumstances of Art. 36. (Arts. 33–35; cont., 1925, Arts. 33–35).

During international war, civil war or imminent danger of either, the Presidente de la República [President of the Republic] in the Consejo de Ministros [Council of Ministers] declares the circumstance and suspends garantías constitucionales [constitutional guarantees] nationally or in the area specified, until peace is restored.  Life remains inviolable and infamous punishments remain prohibited.  confiscación [confiscation] is prohibited except as reciprocal represalias [reprisals] against nationals of an enemy country that has first confiscated Venezuelans’ property. (Art. 36(1–2); cont., 1925, Art. 36(1–2)).

Nationals or foreigners opposing the preservation or restoration of peace may be arrested, subjected to confinamiento [confinement to a specified locality] or expelled.  These measures cease with the circumstances giving rise to them, except that the executive may leave an expulsion of foreigners in force. (Art. 36(3); cont., 1925, Art. 36(3)).

soberanía [sovereignty] resides in the people and is exercised through public powers.  Defined functions limit those powers, and excess constitutes usurpation.  The law regulates nulidad [nullity] for acts exceeding authority; decisions exacted by force or by a public gathering in a subversive attitude are null.  Officials incur individual responsibility for excess of authority or breach of the law governing their office, subject to Art. 102, and remain punishable for other offences. (Arts. 40–44; cont., 1925, Arts. 40–44).

One person cannot hold more than one remunerated public office; acceptance of the second constitutes resignation from the first.  Exceptions cover alternates before replacing a principal and employment in academies, hospitals, incidental courts and educational institutions.  The law regulates the oath taken by national officials upon assuming office. (Arts. 46, 53; cf. 1925, Art. 46:  “except for public-education teachers, employees in academies or hospitals, and incidental judges”).

REG-MIL—The Military

The Ejército [Army], Armada [Navy] and Aviación Militar [Military Aviation] belong to federal competence.  Estados [States] and Municipalidades [Municipalities] may maintain only police and prison guards, except forces organized on federal orders.  The Ejército [Army] is formed from contingents drawn proportionately to population from the Estados [States], Distrito Federal [Federal District], Territorios Federales [Federal Territories] and Dependencias Federales [Federal Dependencies].  The law regulates milicias ciudadanas [citizen militias] and may establish enganches por contrato [contractual enlistment].  All war matériel in or introduced into the country belongs to the Nation. (Art. 15(8); cont., 1925, Art. 15(8)).

Civil and military authority cannot be exercised simultaneously by one official except the Presidente de la República [President of the Republic], or a civil official given military functions by law during war.  The fuerza armada [armed force] may not deliberate; it is passive and obedient.  Armed bodies may seek requisitions or assistance only through civil authorities in the manner fixed by law.  Troops remain in barracks during elections, and commanders violating these rules are punishable. (Arts. 45, 47; cont., 1925, Arts. 45, 47).

reclutamiento forzoso [compulsory recruitment] is abolished and military service follows the law.  The Cámara del Senado [Senate] consents to promotions from Coronel [Colonel] and Capitán de Navío [Naval Captain], inclusive.  The Congreso [Congress] legislates on formation and replacement of land and sea forces. (Arts. 32(5)(a), 62(3), 78(15); cont., 1925, Arts. 32(5)(a), 62(3), 78(15)).

The Presidente de la República [President of the Republic] directs war, commands the Ejército [Army] and Armada [Navy] personally or through an appointed commander, organizes the Ejército [Army] and Milicia Nacional [National Militia], and fixes the numbers of land and sea forces. (Art. 100(23); cont., 1925, Art. 100(23)).

REG-REL—Religion

Religious liberty is guaranteed under the supreme inspection of all forms of worship by the Ejecutivo Federal [Federal Executive] in accordance with law, preserving Patronato Eclesiástico [Ecclesiastical Patronage].  The Nation exercises that right under the Law of 28 July 1824.  The Presidente de la República [President of the Republic] must possess estado seglar [lay status]. (Arts. 32(14), 52, 95; cont., 1925, Arts. 32(14), 52, 95).

ECO-INF—Infrastructure

Federal legislation governs civil, commercial, criminal and procedural matters; banks and credit institutions; social provision; Sanidad [Public Health]; conservation and development of forests, waters and other natural resources; labour; marcas de fábrica [trademarks]; literary, artistic and industrial property; public registration; expropiación por causa de utilidad pública [expropriation for public utility]; immigration; naturalización [naturalization]; admission and expulsion of foreigners; and regulation of constitutional guarantees. (Art. 15(4); cont., 1925, Art. 15(4)).

The federal authorities legislate on Instrucción Pública [Public Instruction].  Elementary primary instruction is compulsory and instruction in official institutions is free.  National census and statistical work requires state and municipal cooperation; population-based acts use the latest census approved by the Congreso [Congress].  Art. 15(10) expressly includes the Nation, Estados [States], Distrito Federal [Federal District] and Territorios Federales [Federal Territories]. (Art. 15(9–10); cf. 1925, Art. 15(10):  “both of the Nation and of the Estados [States]”).

Air, maritime and river navigation, docks and landing works are federal matters.  Navigation of rivers and other navigable waters requiring no special works cannot be restricted by taxes or privileges.  Correos [Postal Services], Telégrafos [Telegraphs], Teléfonos [Telephones] and wireless communications likewise belong to federal competence. (Art. 15(13, 15); cont., 1925, Art. 15(13, 15)).

National roads are those passing through a Estado [State], the Distrito Federal [Federal District] or a Territorio Federal [Federal Territory] and extending beyond its boundaries.  Federal competence also covers aerial haulage cables and railways even within one Estado [State].  Urban tramways and urban haulage cables are conceded and regulated by the respective Municipalidades [Municipalities]. (Art. 15(16); cont., 1925, Art. 15(16)).

Federal competence extends to necessary public works throughout national territory without restricting the right of Estados [States] and Municipalidades [Municipalities] to undertake works on their own account.  Federal administrative works within Estados [States] may include forts, docks, warehouses, shipyards, penitentiaries and estaciones de cuarentenas [quarantine stations]. (Arts. 15(19), 21; cont., 1925, Arts. 15(19), 21).

Statutory privilegios temporales [temporary exclusive privileges] may protect intellectual property, patentes de invención [patents of invention] and marcas de fábrica [trademarks], and may authorize railways, aerial navigation enterprises, canals, tramways, telephone or telegraph lines and wireless systems for a limited period.  The works must be constructed or installed at the concessionaire’s expense, without guaranteed returns or subsidies from the Nation or Estados [States]. (Art. 32(8); cont., 1925, Art. 32(8)).

Public-interest contracts cannot be transferred, wholly or partly, to foreign governments.  They incorporate a clause assigning unresolved disputes to competent Venezuelan courts under Venezuelan law and excluding foreign claims.  Such contracts cannot be concluded with, or transferred to, companies not legally domiciled in Venezuela. (Art. 50; cont., 1925, Art. 50).

CON-FIN—Final Provisions

The presidential period begun on 19 April 1922 continues, and the incumbent Presidente de la República [President of the Republic] remains for its remainder.  Senadores [Senators] and Diputados [Deputies] retain their mandates for the remainder of their three-year terms.  Once the Constitution takes effect, the Congreso [Congress] elects seven principal Vocales [Members of the Court] and seven Suplentes [Alternates] to serve until the election prescribed by Art. 119 in the next constitutional period. (Art. 128; cf. 1925, Art. 128:  “the current Presidente de la República [President of the Republic] and Vicepresidente de la República [Vice-President of the Republic] and the Vocales [Members of the Court] of the Corte Federal y de Casación [Federal and Cassation Court] shall continue in office”).

Existing state constitutions continue in force until the respective Estados [States] repeal them. (Art. 129; cf. 1925, Art. 129:  “The Presidente de la República [President of the Republic] shall provisionally organize the Estados [States] of the Union while they enact their new Constitutions”).

The transitional provisions contain no counterpart to the 1925 direction to fill the office of Procurador General de la Nación [Procurator General of the Nation] under Art. 113. (Arts. 128–129 (transitional provisions); cf. 1925, Art. 128, final sentence:  “With respect to the Procurador General de la Nación [Procurator General of the Nation], the Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela] shall fill the office under the provisions of Article 113.”).

The transitional provisions contain no counterpart to the 1925 waiver by the Estados [States] of rights to balances of their situados constitucionales [constitutional revenue allocations] through fiscal year 1924–1925, inclusive, and the Nation’s reciprocal waiver of claims against the Estados [States] through the same fiscal year. (Arts. 128–129 (transitional provisions); cf. 1925, Art. 130:  “The Estados [States] waive in favour of the Nation any right that may belong to them concerning balances of their situados constitucionales [constitutional revenue allocations] through fiscal year 1924–1925, inclusive.  Reciprocally, the Nation waives in favour of the Estados [States] any claim it has against them through that fiscal year, inclusive.”).

Following scrutiny of the state ratifications, the Constitution is promulgated with the presidential Ejecútese [Let it be executed] and takes effect on the day of publication in the Gaceta Oficial [Official Gazette]. (Art. 130; cf. 1925, Art. 131:  “shall be promulgated and enter into force as soon as, after the Congreso [Congress] has scrutinized the votes of the state Asambleas Legislativas [Legislative Assemblies], it is found that they have ratified it”).

The Constitution dated 24 June 1925, ordered complied with and published on 1 July 1925, is repealed.  The 1928 constitutional text closes with the date 22 May 1928; the execution formula signed J. V. Gómez is dated 23 May 1928. (Art. 131; closing and execution formulas).

Recension

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


18) The Constitution of 1929

The 1929 Constitución de los Estados Unidos de Venezuela [Constitution of the United States of Venezuela] was declared sanctioned by the Congreso [Congress] in its agreement of 29 May 1929, issued at the Palacio Federal Legislativo [Federal Legislative Palace], Caracas, following the unanimous ratification by the Asambleas Legislativas de los Estados [State Legislative Assemblies] recorded in that agreement.  Its execution was ordered at the Palacio Federal [Federal Palace], Caracas, on the same date by President Juan Bautista Pérez. (CIDEP 1929, p. 3, prefatory agreement; p. 23, execution formula).

Historical reference

Following the conclusion of President Juan Vicente Gómez’s 1922–1929 term, President Juan Bautista Pérez exercised the presidency in an acting capacity from 19 April 1929 and became constitutional President on 30 May 1929.  During Pérez’s presidency, which ended on 13 June 1931, Gómez held military command as Comandante en Jefe del Ejército Nacional [Commander-in-Chief of the National Army].

Source: Manuel Rodríguez Campos, “Pérez, Juan Bautista,” Diccionario de Historia de Venezuela, Fundación Empresas Polar:

https://bibliofep.fundacionempresaspolar.org/dhv/entradas/p/perez-juan-bautista/

DOC-PRE—Preamble

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

“The Congress of the United States of Venezuela, in the name of Almighty God and in exercise of the authority conferred upon it by Article 126 of the Federal Pact in force, the present Constitution.”

(CIDEP 1929, p. 3, preamble).

The CIDEP preamble (p. 3) contains no enactment verb.

FND-TER—Territory

The Nación Venezolana [Venezuelan Nation] consists of all Venezuelans united in a political pact under the name Estados Unidos de Venezuela [United States of Venezuela]; it is permanently and irrevocably free and independent of foreign domination or protection.  The territory is that belonging to the Capitanía General de Venezuela [Captaincy General of Venezuela] before the political transformation of 1810, with modifications resulting from treaties.  No part may be ceded, transferred, leased or otherwise alienated to a foreign power, even temporarily. (Arts. 1–2; cont., 1928, Arts. 1–2).

The national territory is divided into Estados [States], the Distrito Federal [Federal District], Territorios Federales [Federal Territories] and Dependencias Federales [Federal Dependencies].  The twenty Estados [States] are Anzoátegui, Apure, Aragua, Bolívar, Carabobo, Cojedes, Falcón, Guárico, Lara, Mérida, Miranda, Monagas, Nueva Esparta, Portuguesa, Sucre, Táchira, Trujillo, Yaracuy, Zamora and Zulia. (Arts. 3–4; cont., 1928, Arts. 3–4).

State boundaries follow the provincial boundaries established by the Law of 28 April 1856, subject to the creation of the Distrito Federal [Federal District], Territorios Federales [Federal Territories] and Dependencias Federales [Federal Dependencies], the Constitution of 5 August 1909 and the 1917 agreement between Aragua and Carabobo.  Neighbouring Estados [States] may alter their common boundary through agreements approved by their respective legislatures, including reciprocal territorial compensation or cession. (Art. 5; cont., 1928, Art. 5).

The Distrito Federal [Federal District] comprises the departments Libertador and Vargas.  The text places Caracas and the outlying parishes El Recreo, El Valle, La Vega, Antímano, Maracao and Macuto in Libertador.  A special law organizes the district and determines its municipal powers so that federal political action is not obstructed. (Art. 6; cf. 1928, Art. 6:  “Macarao and Macuto”).

The CIDEP recension prints the parish name Maracao in Art. 6; the 1928 recension prints Macarao.  The printed forms are retained here.

Caracas is the capital and seat of federal government, subject to Art. 100, powers 23(b) and 24. (Art. 7; cf. 1928, Art. 7:  “subject to the provisions of subparagraph b), power 24 of Article 100, and power 25 of the same Article”).

Amazonas and Delta Amacuro are Territorios Federales [Federal Territories], organized by special laws.  Their boundaries, and those of the Distrito Federal [Federal District] with neighbouring Estados [States], may be modified by agreements concluded by the Poder Ejecutivo Federal [Federal Executive Power] and the respective state governments and approved by the Congreso [Congress] and the respective Asambleas Legislativas [Legislative Assemblies]. (Art. 8; cont., 1928, Art. 8).

A Territorio Federal [Federal Territory] may become a Estado [State] upon attaining the population required for one deputy and proving to the Congreso [Congress] that it can maintain every branch of public service and meet the necessary expenditure. (Art. 9; cont., 1928, Art. 9).

The Dependencias Federales [Federal Dependencies] comprise the Venezuelan islands in the Caribbean Sea except Margarita and Coche, which constitute Nueva Esparta.  Their government and administration belong directly to the executive until the law elevates them to the category of Territorios Federales [Federal Territories]. (Art. 10; cont., 1928, Art. 10).

The Corte Federal y de Casación [Federal and Cassation Court] decides boundary disputes between Estados [States], and those arising between them and the Distrito Federal [Federal District] or Territorios Federales [Federal Territories], through the procedure prescribed by law. (Art. 11; cont., 1928, Art. 11).

POW-LEG—Congress

The Poder Legislativo [Legislative Power] is exercised by the Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela], consisting of the Cámara de Diputados [Chamber of Deputies] and Cámara del Senado [Senate].  Both Diputados [Deputies] and Senadores [Senators] serve three-year terms. (Art. 55; cont., 1928, Art. 55).

Each Estado [State] elects Diputados [Deputies] directly under its Ley de Elecciones [Electoral Law], one per 35,000 inhabitants and one additional deputy for an excess of 15,000.  A Estado [State] with fewer than 35,000 inhabitants elects one deputy.  An equal number of Suplentes [Alternates] is elected to fill vacancies in the order of election. (Art. 56; cont., 1928, Art. 56).

Art. 56 ends with the provision for Suplentes [Alternates]; the three-year term remains in Art. 55. (Arts. 55–56; cf. 1928, Art. 56, final paragraph:  “The Diputados [Deputies] shall serve for three years and shall be renewed in their entirety.”).

A deputy must be Venezuelan by birth and have completed twenty-one years of age.  The Distrito Federal [Federal District] and Territorios Federales [Federal Territories] attaining the prescribed population elect Diputados [Deputies] directly under the formalities fixed by law.  The population basis excludes indígenas no reducidos [unreduced Indigenous people]. (Arts. 57–58; cont., 1928, Arts. 57–58).

The Cámara de Diputados [Chamber of Deputies] may give a voto de censura [vote of censure] to Ministros del Despacho [Cabinet Ministers] whose acts it considers to warrant it.  The Presidente de la República [President of the Republic] is not obliged to remove them until the Corte Federal y de Casación [Federal and Cassation Court] declares that legal grounds exist for putting them on trial.  Other powers may be assigned by law. (Art. 59; cont., 1928, Art. 59).

Each state Asamblea Legislativa [Legislative Assembly] elects, from outside its own membership, two principal Senadores [Senators] and two Suplentes [Alternates], the latter filling vacancies in election order.  A senator must be Venezuelan by birth and over thirty years of age. (Arts. 60–61; cont., 1928, Arts. 60–61).

The Cámara del Senado [Senate] may authorize the transfer of the remains of illustrious Venezuelans to the Panteón Nacional [National Pantheon] after twenty-five years from their death; consent to national officials accepting gifts, offices, honours or rewards from foreign governments; and consent to military promotions from Coronel [Colonel] and naval promotions from Capitán de Navío [Naval Captain], inclusive. (Art. 62(1–3); cont., 1928, Art. 62(1–3)).

Art. 62 contains three numbered powers. (Art. 62; cf. 1928, Art. 62(4):  “4. Such other powers as the laws assign to it.”).

The Cámaras Legislativas [Legislative Chambers] meet annually in the capital on 19 April or the nearest possible day, without prior convocation.  Ordinary sessions last ninety days and cannot be extended; every day and hour within that period is available for ordinary sessions.  Extraordinary sessions convened by the executive address the matters specified in the convocation and connected legislation requiring amendment. (Art. 63; cont., 1928, Art. 63).

Opening sessions require two-thirds of the membership; those present without that number form a Comisión Preparatoria [Preparatory Commission] and take measures to secure attendance.  Subsequent sessions require an absolute majority.  Sessions are public unless the respective Chamber resolves that they shall be secret. (Arts. 64–65; cont., 1928, Arts. 64–65).

Each Chamber adopts its Reglamento Interior y de Debates [Rules of Internal Procedure and Debate], disciplines infringements, controls order in its building, corrects or punishes disorderly spectators, removes impediments to its lawful functions, executes its exclusive resolutions, determines the qualifications of its members and receives their resignations.  Both Chambers sit in the same town and open and close sessions on the same day and hour; suspension or relocation requires the other Chamber’s consent, with disagreements decided in joint session. (Arts. 66–67; cont., 1928, Arts. 66–67).

During sessions, any public office is incompatible with membership of either Chamber.  Remuneration is fixed by law and may be increased only for the following term. (Arts. 68–69; cont., 1928, Arts. 68–69).

Legislative inmunidad [immunity] runs from thirty days before 19 April until thirty days after the close of sessions.  Members cannot be imprisoned, arrested, confined, detained or obstructed in their functions, even upon committing an offence during that period.  Where the alleged offence carries a pena corporal [penalty restricting personal liberty], the sumario [preliminary criminal investigation] is stayed during immunity, while investigative steps continue.  Members need not answer claims, take oaths or answer judicial interrogatories during the same period, which is excluded from procedural time limits.  The Chambers cannot waive this immunity. (Art. 70; cont., 1928, Art. 70).

Art. 70(1) states the exclusion of Art. 32(15)(c) with the qualification “with respect to the duration of the sumario [preliminary criminal investigation]”. (Art. 70(1); cont., 1928, Art. 70(1)).

Members are not responsible for opinions expressed in their Chambers.  They cannot make contracts with the Ejecutivo Federal [Federal Executive] on their own or another’s behalf, or pursue others’ claims before it. (Arts. 71–72; cont., 1928, Arts. 71–72).

When the list of senatorial Suplentes [Alternates] is exhausted or reduced by death or another permanent vacancy, the respective Asamblea Legislativa [Legislative Assembly] fills it for the remainder of the legislative term.  State constitutions and the Ley Orgánica del Distrito Federal [Organic Law of the Federal District] determine how vacancies in the Cámara de Diputados [Chamber of Deputies] are filled. (Art. 73; cont., 1928, Art. 73).

The Chambers act separately but sit jointly when the Constitution or laws require it, or when one invites the other and the latter agrees and fixes the meeting time.  Their separate acts as co-legislators are Leyes [Laws]; acts adopted jointly, or separately on matters exclusive to one Chamber, are Acuerdos [Resolutions].  The presiding officer of the Cámara del Senado [Senate] presides over the Congreso [Congress], and that of the Cámara de Diputados [Chamber of Deputies] serves as its vice-president. (Arts. 74–76; cont., 1928, Arts. 74–76).

In joint session the Congreso [Congress] conducts the elections assigned to it, receives the resignation of the Presidente de la República [President of the Republic], examines the annual Mensaje [Message], approves or disapproves ministerial Memorias y Cuentas [Reports and Accounts], admits qualifying Territorios Federales [Federal Territories] as Estados [States], and examines Créditos Adicionales [Additional Appropriations] for compliance with the constitutional procedure. (Art. 77; cont., 1928, Art. 77).

The reference governing examination of Créditos Adicionales [Additional Appropriations] is Art. 100(29). (Art. 77(6); cf. 1928, Art. 77(6):  “the procedures indicated in power 30 of Article 100”).

As co-legislators the Chambers decree national taxes and loans, regulate national debt, create and suppress national offices, legislate on federal administration and currency, and authorize the disposal of nationally owned immovable property.  Compulsory circulation of banknotes or any paper representation of value is prohibited, and the patrón de oro [gold standard] must be maintained.  Weights and measures follow the metric decimal system. (Art. 78(1–4, 7–8); cont., 1928, Art. 78(1–4, 7–8)).

Treaties and diplomatic conventions require legislative approval before ratification or exchange.  The approving law receives the Ejecútese [Let it be executed] only when the other party’s acceptance is established; official publication follows ratification and exchange.  Contracts for railways, aerial haulage cables, telegraphic or wireless communications, immigration and other authorized matters of national interest require legislative approval.  concesiones mineras [mining concessions] and titles to tierras baldías [ungranted public lands] granted under their respective laws are exempt from that approval. (Art. 78(5–6); cont., 1928, Art. 78(5–6)).

The Chambers enact the Ley de Presupuesto General de Rentas y Gastos Públicos [General Revenue and Public Expenditure Budget Law], fixing federal salaries and expenditure for the fiscal year.  Outside that law, they cannot order another specified expenditure through a special law or resolution.  They examine and approve the Censo Nacional [National Census], prescribe the special administration of Territorios Federales [Federal Territories], and increase the population basis for electing Diputados [Deputies] when the approved census requires it. (Art. 78(9–12); cont., 1928, Art. 78(9–12)).

General laws govern civil pensions, retirement benefits and montepíos militares [military survivors’ pension funds] payable by the Tesoro Nacional [National Treasury].  The budget supplies aggregate appropriations, distributed by the executive through the competent minister under the law.  The Chambers decree war, require peace negotiations, legislate on recruitment and replacement of land and sea forces, grant amnistías [amnesties], and legislate on the security of ports and coasts. (Art. 78(13–17); cont., 1928, Art. 78(13–17)).

Legislative powers include the Censo electoral [Electoral Register], Instrucción Pública [Public Instruction], Hacienda Nacional [National Public Finance Administration], air, maritime and river navigation, docks, Correos [Postal Services], Telégrafos [Telegraphs], wireless communications, railways, national roads and motor traffic, tierras baldías [ungranted public lands], salinas [saltworks], pearl fishing and mines, together with the subjects listed in Art. 15(4) and other matters of federal competence. (Art. 78(18–19); cont., 1928, Art. 78(18–19)).

A bill may originate in either Chamber upon presentation by at least three of its members, or through the minister responsible for a proposal from the executive.  After admission it receives three discussions separated by at least one day.  The other Chamber follows the same procedure and returns any amendments.  If disagreement persists after written reasons from the originating Chamber, joint session decides disputed and connected articles by majority vote and may adopt a different wording. (Arts. 79–82; cont., 1928, Arts. 79–82).

Rejected bills cannot be presented again until the following year or later.  Bills left pending at the close of sessions require a new presentation and all discussions in a subsequent year.  An amending law must reproduce its entire text and repeal the previous law in full; repeal follows the same formalities as enactment. (Arts. 83–84, 86–87; cont., 1928, Arts. 83–84, 86–87).

The legislative formula is the name of the Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela] followed by “Decrees:”.  Enacted texts are prepared in duplicate without alterations, signed by the presiding officers and secretaries of the Congreso [Congress], and dated with final approval.  One copy goes to the Presidente de la República [President of the Republic] for countersignature with the competent ministers and official publication.  Printing errors require corrected republication or a ministerially certified errata notice. (Arts. 85, 88–89; cont., 1928, Arts. 85, 88–89).

A law takes effect on its stated date or, if none is stated, upon official publication.  Legislative power cannot be delegated.  Legislation is not retroactive except where it imposes a lesser penalty.  Procedural laws apply immediately to pending cases; in criminal cases, evidence already taken is assessed under the law in force when it was offered insofar as that benefits the accused. (Arts. 90–92; cont., 1928, Arts. 90–92).

The publication named in Arts. 88–90 is the Gaceta Oficial de los Estados Unidos de Venezuela [Official Gazette of the United States of Venezuela]. (Arts. 88–90; cf. 1928, Art. 90:  “from its publication in the Gaceta Oficial [Official Gazette]”).

ECO-TES—Treasury

The federal authorities have competence over Aduanas [Customs Houses], import duties and duties on foreign goods passing through to foreign destinations.  The Impuesto Territorial [Territorial Tax] remains payable at Aduanas [Customs Houses] until abolished by law and enters the Tesoro Nacional [National Treasury].  Exports are free of tax.  Federal revenues include estampillas o timbres fiscales [fiscal stamps or revenue stamps], cigarettes, tobacco, registration, inheritance, matches, spirits, liquors and other taxes established as national taxes by law. (Art. 15(14, 17); cont., 1928, Art. 15(14, 17)).

The Situado Constitucional [Constitutional Revenue Allocation] equals twelve per cent of total revenue, calculated for each fiscal year from receipts in the immediately preceding calendar year and included annually in the national expenditure budget.  It is distributed among the Estados [States], Distrito Federal [Federal District] and Territorios Federales [Federal Territories] in proportion to population. (Art. 17(4)(1); cont., 1928, Art. 17(4)(1)).

State revenues also include the tax on papel sellado [stamped paper], consumption taxes and contributions established by their Asambleas Legislativas [Legislative Assemblies].  papel sellado [stamped paper] cannot be demanded for assessment or payment of national taxes, or used to collect prohibited contributions.  Estados [States] cannot create Aduanas [Customs Houses], levy import or export duties, tax foreign goods in transit abroad, invade national or municipal tax subjects, tax interstate transit, tax goods before they are offered for consumption, prohibit consumption of goods from elsewhere, discriminate against such goods, require federal tax officials to collect state taxes, or impose payment in personal labour or its monetary equivalent. (Art. 17(4)(2–3); cont., 1928, Art. 17(4)(2–3)).

Municipal revenue powers carry the restrictions in Art. 17(4)(3).  patentes [business licence taxes] on agriculture, livestock raising and the catching of edible fish are prohibited at municipal, state and national levels.  Estados [States] and Municipalidades [Municipalities] cannot contract loans abroad. (Arts. 18(3), 24; cont., 1928, Arts. 18(3), 24).

No tax may be collected without legal authorization.  Expenditure from the Tesoro Nacional [National Treasury] requires an appropriation in the Ley de Presupuesto General de Rentas y Gastos Públicos [General Revenue and Public Expenditure Budget Law] or a previously decreed Crédito Adicional [Additional Appropriation].  Officials who contravene this rule are civilly liable to the Tesoro Nacional [National Treasury] for the amounts paid. (Art. 48; cont., 1928, Art. 48).

The Presidente de la República [President of the Republic], in the Consejo de Ministros [Council of Ministers], may decree Créditos Adicionales [Additional Appropriations] when a budget chapter is insufficient or an expense was not foreseen, provided available funds cover them without impairing ordinary expenditure, which takes precedence.  The Congreso [Congress] examines compliance with these conditions.  Ministers account for funds handled; the minister responsible for national revenues prepares the budget bill in consultation with the others. (Arts. 100(29), 77(6), 109; cont., 1928, Arts. 100(30), 77(6), 109).

Each Estado [State] retains ownership of its salinas [saltworks], tierras baldías [ungranted public lands], their products, ostrales de perlas [pearl-oyster beds] and mines, while administration belongs to the Ejecutivo Federal [Federal Executive].  The resulting revenue, including sales of tierras baldías [ungranted public lands], enters the Tesoro Nacional [National Treasury].  salinas [saltworks] are inalienable.  tierras baldías [ungranted public lands] on maritime, river and lake islands cannot be alienated, and their use cannot directly or indirectly transfer ownership. (Art. 15(18); cont., 1928, Art. 15(18)).

concesiones mineras [mining concessions] are temporary.  Laws governing the sale, lease or gratuitous grant of tierras baldías [ungranted public lands] must establish a derecho de preferencia [right of preference] for occupants. (Art. 15(18); cont., 1928, Art. 15(18)).

POW-EXE—Executive

Federal administration not assigned by the Constitution to another authority belongs to the Poder Ejecutivo Federal [Federal Executive Power], exercised by the Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela].  The laws determine the federal employees and agents through whom administration operates; assistance may be required from state governments in constitutionally permitted cases. (Arts. 93–94; cont., 1928, Arts. 93–94).

The Presidente de la República [President of the Republic] must be Venezuelan by birth, over thirty, of estado seglar [lay status] and in possession of all civil and political rights. (Art. 95; cont., 1928, Art. 95).

Within the first fifteen days of its installation in the year beginning the constitutional term, the Congreso [Congress] elects the Presidente de la República [President of the Republic].  The election sitting is fixed at least five days in advance and the notice is officially published.  The oath is taken before the Congreso [Congress], or before the Corte Federal y de Casación [Federal and Cassation Court] if circumstances prevent the former. (Arts. 96, 99; cont., 1928, Arts. 96, 99).

A temporary presidential absence is filled by the Ministro del Despacho [Cabinet Minister] designated by the Presidente de la República [President of the Republic].  Upon a permanent vacancy, the Congreso [Congress] elects a replacement for the remainder of the term.  Until that person takes office, the minister already acting continues; if none is acting, the Gabinete [Cabinet] chooses a minister by majority vote.  If the Congreso [Congress] is not in ordinary session, the acting minister convenes extraordinary sessions. (Art. 97; cont., 1928, Art. 97).

Absence from the capital within national territory is not a temporary absence from office.  From any place in the country, the Presidente de la República [President of the Republic] may instruct ministers concerning resolutions to be issued in the capital and receive foreign diplomatic ministers. (Art. 98; cont., 1928, Art. 98).

Federal constitutional terms last seven years.  Presidential service runs from the oath until 19 April in the year when the term ends.  On that date the executive is delivered to a member or alternate of the Corte Federal y de Casación [Federal and Cassation Court] designated by that Court under Art. 120(17), pending the accession of the elected successor. (Arts. 54, 103, 120(17); cont., 1928, Arts. 54, 103, 120(17)).

Art. 54 fixes the beginning of the federal periods at 19 April 1929. (Art. 54; cf. 1928, Art. 54:  “shall be counted from 19 April 1922 and shall last seven years”).

For the current constitutional period, the Congreso [Congress] elects a Comandante en Jefe del Ejército Nacional [Commander-in-Chief of the National Army].  The Presidente de la República [President of the Republic] must exercise the powers numbered 1, 4, 17, 18, 23, 25 and 27 in Art. 100 in agreement with that officer: appointment and removal of ministers, administration of the Distrito Federal [Federal District], extraordinary convocation of the Congreso [Congress], declaration of war, suspension of guarantees and the listed wartime measures, armed intervention in conflict between Estados [States], and indultos [pardons]. (Art. 128; new).

The Presidente de la República [President of the Republic] appoints and removes Ministros del Despacho [Cabinet Ministers], receives foreign diplomatic ministers, signs official letters to heads of state, administers the Distrito Federal [Federal District] and Territorios Federales [Federal Territories], and may designate a Ministro del Despacho [Cabinet Minister] to exercise the presidency temporarily and resume office during the constitutional term. (Art. 100(1–6); cont., 1928, Art. 100(1–6)).

The Presidente de la República [President of the Republic] orders the Constitution and laws executed and published; issues implementing Decretos [Decrees] and Reglamentos [Regulations] in the Consejo de Ministros [Council of Ministers] without altering the laws’ spirit, purpose or reason; negotiates legislatively authorized loans through the appropriate minister with Gabinete [Cabinet] approval; regulates public or private health, postal, telegraph and telephone services in the Consejo de Ministros [Council of Ministers]; and orders the census and submits it for legislative approval. (Art. 100(7–11); cont., 1928, Art. 100(7–11)).

Through the appropriate ministers, the Presidente de la República [President of the Republic] issues patentes de navegación [navigation licences] and nationality certificates, appoints national officials whose selection belongs to no other official and removes them, and administers national revenues.  In the Consejo de Ministros [Council of Ministers], the Presidente de la República [President of the Republic] creates and funds necessary public services during legislative recess.  With Gabinete [Cabinet] approval, the Presidente de la República [President of the Republic] orders the Ministerio Público Federal [Federal Public Ministry] to prosecute officials where grounds exist and convenes the Congreso [Congress] extraordinarily.  War is declared after the Congreso [Congress] has decreed it. (Art. 100(12–19); cont., 1928, Art. 100(12–19)).

The Presidente de la República [President of the Republic] conducts diplomatic negotiations personally or through the competent minister, and concludes treaties through chosen plenipotentiaries with Consejo de Ministros [Council of Ministers] approval and subsequent legislative approval.  Treaties cannot impair Arts. 37–39 and must provide for arbitramento [arbitration] of differences over interpretation or execution.  Authorized contracts of national interest are made through the competent ministers with Consejo de Ministros [Council of Ministers] approval and submitted to the Congreso [Congress].  Entry of foreigners may be prohibited and expulsion ordered in cases permitted by international law or national legislation. (Art. 100(20–22); cont., 1928, Art. 100(20–22)).

The Presidente de la República [President of the Republic] decrees suspension of garantías constitucionales [constitutional guarantees] in the cases specified in Art. 36.  During civil or international war, additional powers permit requesting state assistance, temporarily relocating federal powers, ordering prosecution for traición a la Patria [treason against the Nation], reorganizing Estados [States] controlled by rebels or participating in rebellion, and issuing patentes de corso [letters of marque] and authorizing represalias [reprisals]. (Art. 100(23); cont., 1928, Art. 100(24)).

During an official visit with some or all Ministros del Despacho [Cabinet Ministers] to Estados [States] or Territorios Federales [Federal Territories], the seat of the Poder Ejecutivo Federal [Federal Executive Power] is the place where the Presidente de la República [President of the Republic] is located; the visit decree regulates routine administration in Caracas.  The Presidente de la República [President of the Republic] may use the fuerza pública [public force] to end armed conflict between Estados [States] after good offices fail, exercise functions delegated by state constitutions, grant indultos [pardons], and order the issue of titles granting or leasing tierras baldías [ungranted public lands] and concesiones mineras [mining concessions]. (Art. 100(24–28); cont., 1928, Art. 100(25–29)).

The annual Mensaje [Message] is presented personally or through a minister within the first ten days of ordinary sessions and accounts for acts of administration and the condition of the Republic. (Art. 101, first paragraph; cont., 1928, Art. 101, first paragraph).

In the final year of the presidential term, the Mensaje [Message] is presented on 19 April or left signed with the acting president for transmission when the Congreso [Congress] meets. (Art. 101, final paragraph; cont., 1928, Art. 101, final paragraph).

The Presidente de la República [President of the Republic] is responsible only for traición a la Patria [treason against the Nation] and ordinary offences. (Art. 102; cont., 1928, Art. 102).

The Ministros del Despacho [Cabinet Ministers] are the legally required organs through which presidential powers are exercised.  The law fixes their functions and organizes their departments.  Presidential decrees require countersignature by the competent ministers, who issue the resolutions and orders within the presidential powers.  Without that requirement presidential dispositions have no effect, except ministerial appointments and designation of an acting minister under Art. 100(6).  A freely appointed and removable Gobernador del Distrito Federal [Governor of the Federal District] is the presidential organ for administration of the Distrito Federal [Federal District]. (Arts. 104–105; cont., 1928, Arts. 104–105).

A Ministro del Despacho [Cabinet Minister] must be Venezuelan by birth, over thirty and in possession of civil and political rights.  Decisions are taken in the Gabinete [Cabinet] when the Constitution or laws require it or the Presidente de la República [President of the Republic] convenes it because of the matter’s importance.  Otherwise, the competent minister or ministers countersign or execute the presidential decision. (Arts. 106–107; cont., 1928, Arts. 106–107).

Ministers’ acts must conform to the Constitution and laws.  Their personal responsibility is not excused by presidential orders, even written orders; responsibility for acts resolved in the Gabinete [Cabinet] is joint.  Ministers submit reasoned and documented Memorias y Cuentas [Reports and Accounts] within the first ten days of annual sessions.  Ministers may speak in the Chambers and must attend when summoned to provide information. (Arts. 108, 109 (first paragraph), 110; cont., 1928, Arts. 108, 109 (first paragraph), 110).

In the final presidential year, ministers present their Memorias y Cuentas [Reports and Accounts] on 19 April or, if the Cámaras Legislativas [Legislative Chambers] have not yet assembled, leave them with the acting president for transmission when the Congreso [Congress] meets. (Art. 109, final paragraph; cont., 1928, Art. 109, final paragraph).

POW-JUD—Judiciary

The Poder Judicial [Judicial Power] resides in the Corte Federal y de Casación [Federal and Cassation Court] and the other courts established by law.  Jueces Federales [Federal Judges] are appointed for a fixed period and cannot be removed during it except in cases prescribed by law. (Arts. 116–117; cont., 1928, Arts. 116–117).

The Corte Federal y de Casación [Federal and Cassation Court] consists of seven Vocales [Members of the Court], Venezuelans by birth, over thirty and lawyers of the Republic, serving seven years.  At the end of their term they remain until their replacements take office.  The Court acts in Salas [Divisions of the Court], whose membership is fixed by law. (Art. 118; cont., 1928, Art. 118).

The Congreso [Congress] elects each of the seven Vocales [Members of the Court] separately by absolute majority during the first thirty days of sessions in the year beginning the constitutional term.  At the same sitting it elects seven numbered Suplentes [Alternates], who fill temporary and permanent vacancies in that order.  The Court fills incidental absences under the law.  The Congreso [Congress] completes a depleted list of Suplentes [Alternates], placing the new appointees at its end; successive excuses from service without resignation are treated as incidental absences. (Art. 119; cont., 1928, Art. 119).

The Court hears accusations against the Presidente de la República [President of the Republic] or acting president, Ministros del Despacho [Cabinet Ministers], the Procurador General de la Nación [Procurator General of the Nation], the Gobernador del Distrito Federal [Governor of the Federal District] and its own members, and against state presidents and other high state officials designated by state law.  It hears civil and criminal cases involving diplomatic officials where international law permits, and criminal cases concerning Venezuelan diplomatic agents’ misconduct abroad. (Art. 120(1–4); cont., 1928, Art. 120(1–4)).

Its jurisdiction includes the recurso de casación [appeal in cassation], other appeals assigned by law, causas de presas [prize cases], disputes among the specified political officials and federal or state entities, and conflicts of judicial competence where no other authority exists to decide them. (Art. 120(5–8); cont., 1928, Art. 120(5–8)).

The Court declares the nulidad [nullity] of national or state laws conflicting with the Constitution, limiting nullity to the conflicting provisions unless their connection with the rest requires invalidation of the whole law.  It determines which national or state law, or which conflicting provisions of one law, must prevail.  It annuls legislative or executive acts violating state rights or autonomy and state or municipal acts violating the specified restrictions on revenue powers. (Art. 120(9–11); cont., 1928, Art. 120(9–11)).

The Court annuls executive Decretos [Decrees] and Reglamentos [Regulations] that alter the spirit, reason or purpose of laws, and acts within Arts. 42–43 issued by national authorities, authorities of the Distrito Federal [Federal District] or high state officials.  A ministerial resolution concerning execution, interpretation or lapse of a federal contract requires the procedure in Art. 120(13). (Art. 120(12); cont., 1928, Art. 120(12)).

In juicio contencioso [contentious proceedings], the Court decides disputes between the Nation and contractors or concessionaires concerning nullity, lapse, termination, scope, interpretation or performance of federal contracts, concesiones mineras [mining concessions] and grants of tierras baldías [ungranted public lands], including refusals of titles claimed as due.  Matters reserved by the law applicable at the time to executive decision without judicial recourse remain excepted.  Subject to treaties and statutory conditions, the Court gives foreign judgments enforceable effect and hears statutory claims for damages and other monetary claims against the Nation. (Art. 120(13–15); cont., 1928, Art. 120(13–15)).

The Court decides the boundary disputes specified in Art. 11. (Art. 120(16); cont., 1928, Art. 120(16)).

On 19 April at the beginning of each federal term, the Court designates a principal member or alternate to take charge of the executive under Art. 103.  A principal member leaves the Court upon taking executive office.  The person designated continues until the elected Presidente de la República [President of the Republic] takes office, even if the Court is renewed in the meantime. (Art. 120(17); cont., 1928, Art. 120(17)).

Other matters of federal competence may be assigned to the Court by the Constitution and laws. (Art. 120(18); cont., 1928, Art. 120(18)).

For accusations under Art. 120(1–2), the Court summarily decides whether there are grounds for formación de causa [commencement of criminal proceedings], considering the evidence submitted and evidence it orders obtained.  An affirmative decision suspends the official during the case; a negative decision ends proceedings.  Ordinary offences pass to the competent ordinary court, while political offences remain before the Court through final judgment.  The Court sends the Congreso [Congress] an annual report of its work and proposed legislative reforms. (Arts. 121–122; cont., 1928, Arts. 121–122).

Federal judicial competence includes the Court’s assigned cases, ordinary justice in the Distrito Federal [Federal District], Territorios Federales [Federal Territories] and Dependencias Federales [Federal Dependencies], and Tribunales Federales [Federal Courts] acting even within Estados [States] in cases involving the Nation, military proceedings, tierras baldías [ungranted public lands], mines, salinas [saltworks], federal taxation and other cases determined by law.  The law may entrust federal judicial functions to Tribunales de los Estados [State Courts]. (Art. 15(7); cont., 1928, Art. 15(7)).

The Ministerio Público Federal [Federal Public Ministry] represents the Ejecutivo Federal [Federal Executive] before federal and state courts when required by the Constitution and laws.  It is headed by the Procurador General de la Nación [Procurator General of the Nation], freely appointed and removable by the Presidente de la República [President of the Republic], with subordinate appointments governed by law.  It supervises lawful application in criminal cases and cases involving the Fisco Nacional [National Fisc], public order or public morals; supplies legal opinions to the executive or the Court; exercises the Ministerio Fiscal [Prosecutorial Office] in Art. 120(1–3) cases; and represents the Nation in litigation.  The Procurador General de la Nación [Procurator General of the Nation] follows lawful executive instructions transmitted through the competent ministry. (Arts. 111–115; cont., 1928, Arts. 111–115).

At the request of the Ejecutivo Federal [Federal Executive], the Procurador General de la Nación [Procurator General of the Nation] brings accusations before the competent authority against officials whose conduct gives grounds for prosecution. (Art. 114(3); cf. 1928, Art. 114(3):  “an accusation against federal officials who give grounds for being prosecuted”).

POW-SUB—Subnational Government

The Estados [States] recognize one another’s autonomy and political equality and retain soberanía [sovereignty] not delegated by the Constitution.  Their first duty and that of the Federation is preservation of national independence and integrity.  They cannot break national unity, ally with foreign powers, request their protection or cede territory to them.  National and state government is republican, federal, democratic, elective, representative, responsible and alternating. (Arts. 12–13; cont., 1928, Arts. 12–13).

The Estados [States] are divided into Distritos [Districts] with autonomía municipal [municipal autonomy], independent of state political power in their administrative affairs within constitutional restrictions.  During foreign or internal war, a state executive may assume district administration under the state constitution. (Art. 14; cont., 1928, Art. 14).

The Estados [States] adopt constitutions and laws organizing their public powers, elect those powers under their constitutions and laws, and may delegate specified functions to the Presidente de la República [President of the Republic].  They may retain or change their names.  They administer civil and criminal justice through their own courts except in matters reserved to federal judges; their judgments are reviewed only by the Corte Federal y de Casación [Federal and Cassation Court] through the remedies and with the effects prescribed by law. (Art. 17(1–3, 5); cont., 1928, Art. 17(1–3, 5)).

The Municipalidades [Municipalities] organize police, food supplies, cemeteries, municipal ornamentation, civil architecture, street lighting, aqueducts, urban tramways and other municipal services.  They administer ejidos [municipal common lands] and other municipal lands, which cannot thereafter be alienated except for construction. (Art. 18(1–2); cont., 1928, Art. 18(1–2)).

Hygiene services follow federal health laws and regulations and remain “under the supreme inspection of the federal sanitary service”. (Art. 18(1); cf. 1928, Art. 18(1):  “under the inspection of the federal sanitary service”).

The Estados [States] must comply with and execute the federal Constitution, laws and lawful federal orders.  The Estados [States] and Municipalidades [Municipalities] give full faith and execution to public and judicial acts from federal authorities, other Estados [States] and the Distrito Federal [Federal District]. (Arts. 16, 19; cont., 1928, Arts. 16, 19).

Federal judges, public prosecutors, administrative and revenue officials, and forces assigned to borders, public peace, garrisons, arsenals, coasts and ports may operate within the Estados [States].  Their jurisdiction is limited to their functions; they have no special personal jurisdiction or privilege distinguishing them from other residents.  Estados [States] cannot impose duties incompatible with their federal service.  The federal government may build the works needed for its administration. (Arts. 20–21; cont., 1928, Arts. 20–21).

The Estados [States] must prevent recruitment or levies intended to attack another nation’s peace, liberty or independence, or disturb internal peace.  They cannot make war on one another and must remain neutral in disputes among other Estados [States] until required to act by the federal government. (Arts. 22–23; cont., 1928, Arts. 22–23).

Two or more Estados [States] may unite to form a single Estado [State], while retaining the freedom to recover their autonomy.  In either case they notify the federal executive, the Congreso [Congress] and the other Estados [States]. (Art. 25; cont., 1928, Art. 25).

Official acts and documents of the Nation, Estados [States], Distrito Federal [Federal District], Territorios Federales [Federal Territories] and Municipalidades [Municipalities] must carry the calendar date and the years of Independence, counted from 19 April 1810, and Federation, counted from 20 February 1859. (Art. 26; cont., 1928, Art. 26).

Poder Público [Public Power] is distributed among federal, state and municipal authorities within constitutional limits.  The Poder Federal [Federal Power] is divided into legislative, executive and judicial branches. (Art. 51; cont., 1928, Art. 51).

CON-AMD—Amending the Constitution

Total or partial reform is declared by the Congreso [Congress] in ordinary sessions upon requests from three-quarters of the state Asambleas Legislativas [Legislative Assemblies], likewise meeting in ordinary sessions.  Amendments and additions may address only points upon which a majority of Estados [States] agree. (Art. 123; cont., 1928, Art. 123).

Amendments and additions follow the procedure for enacting laws.  Once the Congreso [Congress] approves them, its presiding officer submits them to the Asambleas Legislativas [Legislative Assemblies] for final ratification. (Arts. 124–125; cont., 1928, Arts. 124–125).

The Congreso [Congress] may also initiate amendments or additions under the procedure in Arts. 124–125; they are enacted upon ratification by two-thirds of the state Asambleas Legislativas [Legislative Assemblies].  Whether the initiative originated in the Asambleas Legislativas [Legislative Assemblies] or the Cámaras Legislativas [Legislative Chambers], the final state votes return to the Congreso [Congress] for scrutiny. (Arts. 126–127; cont., 1928, Arts. 126–127).

CIV-SUF—Suffrage

The right of sufragio [suffrage] makes Venezuelans over twenty-one who are not subject to interdicción [judicial interdiction] or a criminal conviction involving inhabilitación política [political disqualification] electors and eligible for public office, subject to constitutional restrictions and statutory requirements of competence or capacity for particular offices. (Art. 32(12); cont., 1928, Art. 32(12)).

State constitutions must provide direct, secret voting for Concejos Municipales [Municipal Councils], Asambleas Legislativas [Legislative Assemblies] and Diputados [Deputies], using the Censo electoral [Electoral Register] under federal law.  Diputados [Deputies] are directly elected; Senadores [Senators] are chosen by the state Asambleas Legislativas [Legislative Assemblies] from outside their membership.  The Congreso [Congress] elects the members and alternates of the Corte Federal y de Casación [Federal and Cassation Court]. (Arts. 17(1), 56, 58, 60, 119; cont., 1928, Arts. 17(1), 56, 58, 60, 119).

The Congreso [Congress] elects the Presidente de la República [President of the Republic]. (Art. 96; cont., 1928, Art. 96).

The constitutional age requirement is completion of twenty-one years for a deputy and age over thirty for a senator.  The Presidente de la República [President of the Republic] must be over thirty, Venezuelan by birth, of estado seglar [lay status] and in possession of civil and political rights. (Arts. 57, 61, 95; cont., 1928, Arts. 57, 61, 95).

The Congreso [Congress] elects both the Presidente de la República [President of the Republic] and the Comandante en Jefe del Ejército Nacional [Commander-in-Chief of the National Army] for the period 1929–1936 immediately after enactment of the Constitution; both swear the oath before it. (Arts. 128–129; new).

Troops must remain in barracks during electoral periods. (Art. 47; cont., 1928, Art. 47).

CIV-CIT—Citizenship

Venezuelan nacionalidad [nationality] belongs by birth and is acquired by naturalización [naturalization].  Those born in national territory and children of Venezuelan parents, wherever born, are Venezuelan by birth. (Arts. 27–28; cont., 1928, Arts. 27–28).

Art. 29(1) includes adult children born abroad to a father or mother who are Venezuelan by naturalización [naturalization], if they establish domicile in the country and declare their intention to be Venezuelan. (Art. 29(1); cf. 1928, Art. 29(1):  “of a father and mother who are Venezuelan by naturalización [naturalization]”).

This comparison records the conjunction printed in each CIDEP recension; it does not establish whether the variant originated in the enacted instrument or in its reproduction.

The remaining categories are persons born in the Ibero-American republics who establish residence and declare their intention to be Venezuelan; foreigners obtaining a carta de naturaleza [certificate of naturalization] under the law; and a foreign woman married to a Venezuelan while the marriage subsists, or who, within one year after its dissolution, declares her intention to remain Venezuelan. (Art. 29(2–4); cont., 1928, Art. 29(2–4)).

The declarations under Art. 29(1), (2) and (4) are made before the Registrador Principal [Principal Registrar] for the jurisdiction where the person establishes domicile.  The declaration is entered in the Protocolo [Register] and copied to the Ejecutivo Federal [Federal Executive] for official publication after the procedures required by law.  nacionalidad [nationality] is not acquired before that publication. (Art. 30; cont., 1928, Art. 30).

Venezuelans must defend the country and obey the Constitution, laws and lawful implementing orders.  They cannot undertake service against Venezuela and, if they do, are punishable as traitors under the law.  The law fixes foreigners’ rights and duties, which cannot exceed those of Venezuelans.  Foreigners participating in Venezuelan political contests incur the same responsibilities as Venezuelans and the measures specified by the charter. (Arts. 31, 37–38; cont., 1928, Arts. 31, 37–38).

Neither nationals nor foreigners may claim compensation from the Nation, Estados [States] or Municipalidades [Municipalities] for damage, loss or expropriation not carried out by legitimate authorities acting in their public capacity. (Art. 39; cont., 1928, Art. 39).

RTS-GAR—Rights

Life is inviolable, and no law or authority may establish or impose the pena de muerte [death penalty].  Property is subject to lawful contributions and taking for works of public utility through juicio contradictorio [adversarial proceeding] and indemnización previa [prior compensation], under the law.  Owners must obey legislation on public hygiene, conservation of forests and waters, and comparable community requirements. (Art. 32(1–2); cont., 1928, Art. 32(1–2)).

Postal and telegraphic correspondence and private papers are inviolable; seizure requires a competent judicial order and legal formalities, preserving secrecy for domestic and private matters unrelated to the case.  The home may be entered only to prevent the commission or completion of an offence, execute lawful judicial decisions or carry out lawful sanitary visits. (Art. 32(3–4); cont., 1928, Art. 32(3–4)).

Personal liberty includes abolition of reclutamiento forzoso [compulsory recruitment], with military service governed by law; permanent prohibition of slavery and freedom for any enslaved person entering the country; liberty to do what harms no one else; and freedom from obligations not legally imposed or prohibitions not established by law. (Art. 32(5); cont., 1928, Art. 32(5)).

Thought may be expressed orally, in writing or through the press, subject to legal penalties for injuria [insult], calumnia [calumny], difamación [defamation], ultraje [outrage] and instigación a delinquir [incitement to commit offences].  Propaganda of communism is prohibited. (Art. 32(6); cont., 1928, Art. 32(6)).

Persons may travel without a passport, change domicile subject to legal formalities, leave and return to the Republic, and take and bring their property.  Work and industry are free subject to public order and public morals.  Industrial monopolies are prohibited, subject to the temporary privileges expressly permitted by Art. 32(8). (Art. 32(7–8); cont., 1928, Art. 32(7–8)).

Unarmed public or private assembly is free from coercion by the authorities; association remains subject to statutory restrictions and prohibitions.  Petitions to public officials or official bodies carry a right to timely reply.  Officials who violate their duties may be accused before competent courts.  Freedom of teaching is guaranteed. (Art. 32(9–11, 13); cont., 1928, Art. 32(9–11, 13)).

No person may be imprisoned for debt not arising from an offence or tried by specially created tribunals or commissions instead of their Jueces naturales [legally competent judges] under pre-existing law.  Arrest or detention requires a información sumaria [preliminary evidentiary inquiry] establishing an offence carrying a pena corporal [penalty restricting personal liberty] and a written order stating the reason, unless the person is caught in fraganti [in the act of committing the offence].  The sumario [preliminary criminal investigation] may not extend beyond thirty days after detention. (Art. 32(15)(a–c); cont., 1928, Art. 32(15)(a–c)).

No person may be held incommunicado or compelled to swear or undergo criminal interrogation against themselves, their ascendants, relatives within the fourth degree of consanguinity or second degree of affinity, or their spouse.  Detention must end when a final judicial decision destroys its grounds or sufficient fianza [bail] is furnished in cases where provisional release is permitted by law. (Art. 32(15)(d–f); cont., 1928, Art. 32(15)(d–f)).

Criminal punishment requires personal notification of the charges and a hearing in the legal form.  A pena corporal [penalty restricting personal liberty] cannot exceed twenty years.  penas infamantes [infamous penalties] and perpetual penalties, including those not restricting personal liberty, are prohibited.  No person may be tried twice for the same offence. (Art. 32(15)(g–i); cont., 1928, Art. 32(15)(g–i)).

All are subject to the same laws, equal legal protection throughout national territory, and equal duties, services and contributions; exemptions require legal authorization.  Titles of nobility, hereditary distinctions and offices paying beyond the duration of service cannot be granted.  Official address is limited to ciudadano [citizen] and usted [you, in formal address], except diplomatic formulas. (Art. 32(16); cont., 1928, Art. 32(16)).

Enumeration of rights does not deny other rights belonging to citizens.  Federal laws, state constitutions and laws, and municipal ordinances impairing guaranteed rights are null, as declared by the Corte Federal y de Casación [Federal and Cassation Court].  Persons issuing, signing, executing or ordering rights-violating measures are punishable under the law, subject to the exception for competent official measures in the circumstances of Art. 36. (Arts. 33–35; cont., 1928, Arts. 33–35).

During international war, civil war or imminent danger of either, the Presidente de la República [President of the Republic] in the Consejo de Ministros [Council of Ministers] declares the circumstance and suspends garantías constitucionales [constitutional guarantees] nationally or in the area specified, until peace is restored.  Life remains inviolable and infamous punishments remain prohibited.  confiscación [confiscation] is prohibited except as reciprocal represalias [reprisals] against nationals of an enemy country that has first confiscated Venezuelans’ property. (Art. 36(1–2); cont., 1928, Art. 36(1–2)).

Nationals or foreigners opposing the preservation or restoration of peace may be arrested, subjected to confinamiento [confinement to a specified locality] or expelled.  These measures cease with the circumstances giving rise to them, except that the executive may leave an expulsion of foreigners in force. (Art. 36(3); cont., 1928, Art. 36(3)).

soberanía [sovereignty] resides in the people and is exercised through public powers.  Defined functions limit those powers, and excess constitutes usurpation.  The law regulates nulidad [nullity] for acts exceeding authority; decisions exacted by force or by a public gathering in a subversive attitude are null.  Officials incur individual responsibility for excess of authority or breach of the law governing their office, subject to Art. 102, and remain punishable for other offences. (Arts. 40–44; cont., 1928, Arts. 40–44).

One person cannot hold more than one remunerated public office; acceptance of the second constitutes resignation from the first.  Exceptions cover alternates before replacing a principal and employment in academies, hospitals, incidental courts and educational institutions.  The law regulates the oath taken by national officials upon assuming office. (Arts. 46, 53; cont., 1928, Arts. 46, 53).

REG-MIL—The Military

The Ejército [Army], Armada [Navy] and Aviación Militar [Military Aviation] belong to federal competence.  Estados [States] and Municipalidades [Municipalities] may maintain only police and prison guards, except forces organized on federal orders.  The Ejército [Army] is formed from contingents drawn proportionately to population from the Estados [States], Distrito Federal [Federal District], Territorios Federales [Federal Territories] and Dependencias Federales [Federal Dependencies].  The law regulates milicias ciudadanas [citizen militias] and may establish enganches por contrato [contractual enlistment].  All war matériel in or introduced into the country belongs to the Nation. (Art. 15(8); cont., 1928, Art. 15(8)).

Civil and military authority cannot be exercised simultaneously by one official except the Presidente de la República [President of the Republic], or a civil official given military functions by law during war.  The fuerza armada [armed force] may not deliberate; it is passive and obedient.  Armed bodies may seek requisitions or assistance only through civil authorities in the manner fixed by law.  Troops remain in barracks during elections, and commanders violating these rules are punishable. (Arts. 45, 47; cont., 1928, Arts. 45, 47).

reclutamiento forzoso [compulsory recruitment] is abolished and military service follows the law.  The Cámara del Senado [Senate] consents to promotions from Coronel [Colonel] and Capitán de Navío [Naval Captain], inclusive.  The Congreso [Congress] legislates on formation and replacement of land and sea forces. (Arts. 32(5)(a), 62(3), 78(15); cont., 1928, Arts. 32(5)(a), 62(3), 78(15)).

For the current constitutional period, the Congreso [Congress] elects a Comandante en Jefe del Ejército Nacional [Commander-in-Chief of the National Army], who commands the Ejército [Army], Aviación [Aviation] and Marina [Navy] and fixes the numbers of land and sea forces.  The separate military-command power formerly numbered 23 is not present in Art. 100; its remaining powers from suspension of guarantees onward are numbered 23–29. (Arts. 100, 128; cf. 1928, Art. 100(23):  “To direct war and command the Ejército [Army] and Armada [Navy] personally, or appoint whoever is to do so”).

The Presidente de la República [President of the Republic] exercises Art. 100(1, 4, 17, 18, 23, 25, 27) in agreement with the Comandante en Jefe del Ejército Nacional [Commander-in-Chief of the National Army].  Both offices are elected immediately after enactment for 1929–1936 and take their oaths before the Congreso [Congress]. (Arts. 128–129; new).

Art. 128 names powers 1, 4, 17, 18, 23, 25 and 27 of “Article 100 of the Constitution”.  Art. 128 separately assigns military command to the Comandante en Jefe del Ejército Nacional [Commander-in-Chief of the National Army]. (Art. 128; new).

In Art. 100 of 1929, powers 23, 25 and 27 concern suspension of guarantees and the stated wartime measures, force in armed conflict between Estados [States], and indultos [pardons], respectively. (Art. 100(23, 25, 27); cont., 1928, Art. 100(24, 26, 28)).Art. 100: powers 23, 25 and 27 in the two recensionsPower1928, Art. 1001929, Art. 10023cf. 1928, Art. 100(23):  “To direct war and command the Ejército [Army] and Armada [Navy] personally, or appoint whoever is to do so […]”“To decree the suspension of guarantees in the cases provided in Article 36 […]”25cf. 1928, Art. 100(25):  “To undertake an official visit, together with all or some of the Ministros del Despacho [Cabinet Ministers], to specified Estados [States] of the Union and Territorios Federales [Federal Territories]. […]”“To use the fuerza pública [public force] to end an armed conflict between two or more Estados [States] when the intervention of his good offices has been ineffective.”27cf. 1928, Art. 100(27):  “To exercise, with respect to the Estados [States], the functions they delegate to him in their respective Constitutions.”“To grant indultos [pardons].”

REG-REL—Religion

Religious liberty is guaranteed under the supreme inspection of all forms of worship by the Ejecutivo Federal [Federal Executive] in accordance with law, preserving Patronato Eclesiástico [Ecclesiastical Patronage].  The Nation exercises that right under the Law of 28 July 1824.  The Presidente de la República [President of the Republic] must possess estado seglar [lay status]. (Arts. 32(14), 52, 95; cont., 1928, Arts. 32(14), 52, 95).

ECO-INF—Infrastructure

Federal legislation governs civil, commercial, criminal and procedural matters; banks and credit institutions; social provision; Sanidad [Public Health]; conservation and development of forests, waters and other natural resources; labour; marcas de fábrica [trademarks]; literary, artistic and industrial property; public registration; expropiación por causa de utilidad pública [expropriation for public utility]; immigration; naturalización [naturalization]; admission and expulsion of foreigners; and regulation of constitutional guarantees. (Art. 15(4); cont., 1928, Art. 15(4)).

The federal authorities legislate on Instrucción Pública [Public Instruction].  Elementary primary instruction is compulsory and instruction in official institutions is free.  National census and statistical work requires state and municipal cooperation; population-based acts use the latest census approved by the Congreso [Congress].  Art. 15(10) expressly includes the Nation, Estados [States], Distrito Federal [Federal District] and Territorios Federales [Federal Territories]. (Art. 15(9–10); cont., 1928, Art. 15(9–10)).

Air, maritime and river navigation, docks and landing works are federal matters.  Navigation of rivers and other navigable waters requiring no special works cannot be restricted by taxes or privileges.  Correos [Postal Services], Telégrafos [Telegraphs], Teléfonos [Telephones] and wireless communications likewise belong to federal competence. (Art. 15(13, 15); cont., 1928, Art. 15(13, 15)).

National roads are those passing through a Estado [State], the Distrito Federal [Federal District] or a Territorio Federal [Federal Territory] and extending beyond its boundaries.  Federal competence also covers aerial haulage cables and railways even within one Estado [State].  Urban tramways and urban haulage cables are conceded and regulated by the respective Municipalidades [Municipalities]. (Art. 15(16); cont., 1928, Art. 15(16)).

Federal competence extends to necessary public works throughout national territory without restricting the right of Estados [States] and Municipalidades [Municipalities] to undertake works on their own account.  Federal administrative works within Estados [States] may include forts, docks, warehouses, shipyards, penitentiaries and estaciones de cuarentenas [quarantine stations]. (Arts. 15(19), 21; cont., 1928, Arts. 15(19), 21).

Statutory privilegios temporales [temporary exclusive privileges] may protect intellectual property, patentes de invención [patents of invention] and marcas de fábrica [trademarks], and may authorize railways, aerial navigation enterprises, canals, tramways, telephone or telegraph lines and wireless systems for a limited period.  The works must be constructed or installed at the concessionaire’s expense, without guaranteed returns or subsidies from the Nation or Estados [States]. (Art. 32(8); cont., 1928, Art. 32(8)).

Public-interest contracts cannot be transferred, wholly or partly, to foreign governments.  They incorporate a clause assigning unresolved disputes to competent Venezuelan courts under Venezuelan law and excluding foreign claims.  Such contracts cannot be concluded with, or transferred to, companies not legally domiciled in Venezuela. (Art. 50; cont., 1928, Art. 50).

CON-FIN—Final Provisions

The Congreso [Congress] elects the Comandante en Jefe del Ejército Nacional [Commander-in-Chief of the National Army] for the current constitutional period, with military command and the agreement requirement specified in Art. 128.  The elections of the Presidente de la República [President of the Republic] and that commander for 1929–1936 take place as soon as the Constitution is enacted, and both take their oaths before the Congreso [Congress]. (Arts. 128–129; new).

Current officials in the other branches of the Poder Federal [Federal Power] continue until the end of the terms for which they were elected. (Art. 130; cf. 1928, Art. 128:  “as soon as this Constitution enters into force, the Congreso [Congress] shall elect the seven principal Vocales [Members of the Court] and seven Suplentes [Alternates] who are to compose it”).

Existing state constitutions continue until the respective Estados [States] repeal them. (Art. 131; cont., 1928, Art. 129).

After scrutiny establishes ratification by the state Asambleas Legislativas [Legislative Assemblies], promulgation takes place with the Ejecútese [Let it be executed] of the Encargado del Poder Ejecutivo [Acting Head of the Executive Power].  The Constitution takes effect on the day of publication in the Gaceta Oficial de los Estados Unidos de Venezuela [Official Gazette of the United States of Venezuela]. (Art. 132; cf. 1928, Art. 130:  “with the Ejecútese [Let it be executed] of the Presidente de la República [President of the Republic]”).

The 1928 Constitution is repealed.  Art. 133 dates both its adoption and publication to 23 May 1928.  The 1929 agreement, constitutional closing and execution formula all bear 29 May 1929; the execution formula is signed J. B. Pérez. (Art. 133; prefatory agreement, closing and execution formulas).

The date printed for adoption in Art. 133 differs from the closing date of 22 May in the CIDEP 1928 recension.  Both printed dates are recorded in this edition.

Recension

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


“Unmasking Disappointment: Series XV”

September 7, 2026

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

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Scope and Use

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

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

Translation convention

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

Ricardo F. Morín

September 7, 2026

Bala Cynwyd, Pennsylvania


9). La Constitución de 1891

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

DOC-PRE—Preámbulo [Preamble]:

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

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

FND-TER—Territorio [Territory]:

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

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

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

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

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

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

POW-LEG—Congreso [Congress]:

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

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

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

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

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

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

ECO-HAC—Hacienda [Public Finance]:

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

POW-EXE—Ejecutivo [Executive]:

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

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

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

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

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

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

POW-JUD—Poder Judicial [Judicial Power]:

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

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

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

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

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

POW-SUB—Gobierno subnacional [Subnational Government]:

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

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

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

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

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

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

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

CIV-SUF—Sufragio [Suffrage]:

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

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

CIV-CIT—Ciudadanía [Citizenship]:

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

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

RTS-GAR—Derechos [Rights]:

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

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

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

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

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

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

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

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

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

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

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

REG-REL—Religión [Religion]:

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

CON-FIN—Disposiciones finales [Final Provisions]:

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

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

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


10). La Constitución de 1893

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

DOC-PRE—Preámbulo [Preamble]:

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

FND-TER—Territorio [Territory]:

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

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

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

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

POW-LEG—Congreso [Congress]:

The Constitución de 1893 [Constitution of 1893] vested the legislative authority of the Nación [Nation] in the Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela], composed of a Cámara del Senado [Chamber of the Senate] and a Cámara de Diputados [Chamber of Deputies] (Arts. 18–19; cf. 1891, Art. 18: “The National Legislature shall be composed of two Chambers, one of Senators and the other of Deputies.”; cf. 1891, Art. 19: “The States shall determine the manner of conducting the election of Deputies.”).

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

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

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

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

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

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

ECO-HAC—Hacienda [Public Finance]:

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

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

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

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

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

POW-EXE—Ejecutivo [Executive]:

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

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

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

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

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

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

POW-JUD—Poder Judicial [Judicial Power]:

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

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

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

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

POW-SUB—Gobierno subnacional [Subnational Government]:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CIV-SUF—Sufragio [Suffrage]:

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

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

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

CIV-CIT—Ciudadanía [Citizenship]:

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

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

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

RTS-GAR—Derechos [Rights]:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

REG-REL—Religión [Religion]:

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

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

CON-FIN—Disposiciones finales [Final Provisions]:

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

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

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

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

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

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

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

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

Sources of Collation:


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“Unmasking Disappointment: Series XIII”

August 24, 2026

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

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Scope and Use

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

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 1858 against 1857 and 1864 against 1858.  The apparatus retains the classifications cont., cf., and new.

Ricardo F. Morín

August 23, 2026

Bala Cynwyd, Pennsylvania


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5). The Constitution of 1858

The Constitution of 1858 (Constitución política del Estado de Venezuela [Political Constitution of the State of Venezuela]) was sanctioned by the Convención Nacional [National Convention] at Valencia on December 24, 1858, and promulgated on December 31, 1858, by the Jefe provisional del Estado [Provisional Chief of State], Julián Castro, following the March Revolution.

DOC-PRE—Preámbulo [Preamble]

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

“Constitution of the Republic of Venezuela under the auspices of the Supreme Legislator of the Universe.  We, the Deputies of the Provinces of Venezuela, assembled in National Convention for the purpose of forming the most perfect union, establishing justice, securing domestic tranquility, providing for the common defense, promoting the general happiness, and securing the precious gift of liberty for ourselves and our descendants, ordain and establish the present Constitution.”

FND-TER—Territorio [Territory]

The Constitution of 1858 declared the Nación venezolana [Venezuelan Nation] forever and irrevocably free and independent of every foreign power and provided that it was not and would never become the patrimony of any family or person (Title I, Art. 1; cont. 1857, Title I, Art. 1).

La Soberanía [Sovereignty] was vested essentially in the Nation (Art. 2; cf. 1857, Title I, Art. 2:  “Sovereignty resides in the Nation, and the Powers established by this Constitution are delegations from it for the purpose of securing order, liberty, and every right.”).

The territorio de la República [territory of the Republic] comprised all that, before the political transformation of 1810, had been denominated the Capitanía General de Venezuela [Captaincy General of Venezuela], with all its rights and appurtenances, and was divided into Provincias [Provinces], Cantones [Cantons], and Parroquias [Parishes] (Art. 3; cf. 1857, Title I, Art. 3:  “The territory of Venezuela comprises all that, before the political transformation of 1810, was denominated the Captaincy General of Venezuela and, for its better administration, shall be divided into provinces, cantons, and parishes.”).

Depopulated territories designated for colonies, together with territories occupied by Indigenous tribes, could not be separated from the provinces to which they belonged by the congresos constitucionales [constitutional congresses] and governed by special laws (Art. 4; new; cf. 1857: no corresponding provision).

No part of the national territory could pass by alienation into the dominion of another power, except through arrangements indispensable for determining the boundaries of the Republic with neighboring nations, provided that no community thereby lost its nationality (Art. 5; new; cf. 1857, Title IX, Art. 38, no. 6:  “To decree the alienation, exchange, or acquisition of territory.”).

POW-LEG—Congreso [Congress]

The Constitution of 1858 vested the Poder Legislativo [Legislative Power] in a Congreso [Congress] composed of a Cámara de Diputados [Chamber of Deputies] and a Cámara del Senado [Chamber of the Senate] (Title VI, Art. 30; cont. 1857, Title V, Art. 16).

Congress assembled annually in the capital of the Republic on January 20 without need of convocation, and its sessions continued for ninety days (Art. 31; cf. 1857, Title V, Arts. 17, 19:  “Congress shall assemble annually in the capital of the Republic on February 1, or on the earliest possible date thereafter, although it has not been convoked.”  “The regular sessions shall continue for ninety days and may be extended for as many as thirty additional days when Congress considers it necessary.”).

A quorum of two-thirds of the members of each Cámara [Chamber] remained necessary to open the sessions, while their continuation required the attendance of one-half plus one of the total membership of each Chamber (Arts. 32–33; cf. 1857, Title VIII, Arts. 29–30).

The Chambers installed themselves, opened and closed their sessions on the same day, and resided in the same locality.  A transfer to another place or a suspension exceeding two days was determined by the absolute majority of Congress in joint session (Art. 34; cf. 1857, Title VIII, Art. 31).

Each Chamber adopted its own reglamento [rules], maintained order within its place of assembly, imposed the prescribed disciplinary measures, and issued its internal resolutions without the sanction of the President or the concurrence of the other Chamber (Arts. 35–37; cont. 1857, Title VIII, Art. 32).

The Chambers assembled in Congress when required by the Constitution or the law, or whenever they considered it necessary.  The Presidente del Senado [President of the Senate] presided, and the Presidente de la Cámara de Diputados [President of the Chamber of Deputies] served as Vice-President (Art. 38; cont. 1857, Title VIII, Art. 33).

The sessions were public but could be declared secret by the respective Chamber (Art. 39; cont. 1857, Title V, Art. 18).

The Senadores y Diputados [Senators and Deputies] possessed that character by the Nation and not by the Province that appointed them (Art. 40; cf. 1857, Title VIII, Art. 35:  “The Senators and Deputies possess that character by the Nation and shall receive neither orders nor instructions from the electoral Assemblies or from any other corporation.”).

The President and Vice-President of the Republic, the Secretarios del Despacho [Secretaries of the Cabinet], the Ministers of the Supreme and Superior Courts, the Governors, and military officers in active service were ineligible for election as Senators or Deputies (Art. 41; new; cf. 1857: no corresponding provision).

The exercise of any other public function was incompatible with the office of Senator or Deputy during the sessions (Art. 42; cf. 1857, Title VIII, Art. 37).

Senators and Deputies enjoyed inmunidad [immunity] in their persons and property while attending the sessions and while traveling to and returning from Congress.  They could not consequently be sued or subjected to civil execution, arrested, or detained except for an offence punishable by death; in other cases involving a corporal or infamous penalty, the judge transmitted the preliminary record to the respective Chamber so that it could suspend the accused and place him at the disposition of the competent judge (Art. 43; cf. 1857, Title VIII, Art. 34).

Senators and Deputies incurred no responsibility for the opinions or speeches expressed in the Chambers (Art. 44; cont. 1857, Title VIII, Art. 36).

Senators and Deputies could accept appointments as Secretaries of the Cabinet, diplomatic agents, or military commanders in time of war, but acceptance vacated their legislative office (Art. 45; cf. 1857, Title VIII, Art. 37).

The offices of Senator and Deputy were freely accepted; once accepted, a resignation required admission by the respective Chamber (Art. 46; cf. 1857, Title VIII, Art. 32, no. 2).

Senators and Deputies received the indemnización [compensation] fixed by law for the days of the sessions and viático [travel allowance] for their journey to Congress and return to their homes (Art. 47; new; cf. 1857: no corresponding provision).

Each Chamber judged the qualifications of its own members and heard their resignations (Art. 48; cont. 1857, Title VIII, Art. 32).

The Senado [Senate] consisted of two Senators from each Province, elected by the Legislaturas provinciales [provincial Legislatures] by an absolute majority of votes; the suplentes [alternates] were elected in the same manner (Title VII, Art. 49; cf. 1857, Title VII, Art. 25; Title VIII, Art. 35, sole paragraph).

Deputies serving in a provincial Legislature could not be appointed principal or alternate Senators for the Province in whose Legislature they served (Art. 50; new; cf. 1857: no corresponding provision).

Senators served for four years and were renewed by halves every two years (Art. 51; cf. 1857, Title VII, Art. 27:  “The Senators shall serve in their offices for six years, with renewal conducted in the manner prescribed by Article 23 for the Deputies.”).

Eligibility for the Senate required citizenship in the exercise of its rights, thirty years of age, birth or domicile in the electing Province, and the real property, professional or industrial income, or salary prescribed by the Constitution (Art. 52; cf. 1857, Title VII, Art. 26).

The Senate perfected the election and heard the resignations of the members of the Supreme Court, consented or refused consent to the military promotions specified by the Constitution, and conducted and adjudicated proceedings instituted in the Chamber of Deputies (Art. 53; cf. 1857, Title VII, Art. 28).

When adjudicating constitutional causes, the Senate incorporated the Supreme Court of Justice with a deliberative vote; conviction required two-thirds of all persons charged with rendering the final judgment, and the governing procedure was determined by law (Arts. 54–56; cf. 1857, Title VII, Art. 28).

When a cause against the President or Vice-President remained unresolved at the end of the sessions, the Senate continued assembled solely for its determination (Art. 57; cf. 1857, Title VII, Art. 28).

The Cámara de Diputados [Chamber of Deputies] consisted of representatives elected by direct and secret vote of the citizens of the Provinces, at the proportion of one Deputy for every twenty-five thousand inhabitants and another for an excess greater than fifteen thousand, with every Province assured at least one Deputy (Title VIII, Art. 58; cf. 1857, Title VI, Art. 21:  “The Chamber of Deputies shall be composed of members elected by the peoples in the proportion of one for every twenty-five thousand inhabitants and one more for a remainder not below fifteen thousand.  A province that does not contain twenty-five thousand inhabitants shall nevertheless appoint one Deputy.”).

Eligibility for the Chamber of Deputies required citizenship in the exercise of its rights and twenty-five years of age (Art. 59; cf. 1857, Title VI, Art. 22).

Deputies served for four years and were renewed by halves every two years (Art. 60; cf. 1857, Title VI, Art. 23:  “The Deputies shall serve in their offices for six years and shall be renewed by halves every three years.”).

The Chamber of Deputies exercised the powers prescribed by Articles 61 through 63, including examination of the annual account and the hearing of accusations in the cases determined by the Constitution (Arts. 61–63; cont. 1857, Title VI, Art. 24).

Congress exercised the powers enumerated in Article 64 (Title IX, Art. 64; cont. 1857, Title IX, Art. 38).

Congress could neither delegate its constitutional powers nor apply national funds to provincial or municipal expenditures or provincial or municipal revenues to national expenditures (Art. 65, nos. 2–3; cf. 1857, Title IX, Art. 39; Title XX, Art. 114).

Bills and legislative decrees could originate in either Chamber, except measures establishing taxes and the annual budget, which necessarily originated in the Chamber of Deputies.  Every project received three readings in each Chamber, required approval by both, was subject to presidential sanction or objection, entered into force after promulgation, and could be repealed only through the same constitutional formalities (Title X, Arts. 66–78; cont. 1857, Title X, Arts. 40–51).

The requirement that the annual budget originate in the Chamber of Deputies was newly stated (Art. 66; new; cf. 1857: no corresponding provision).

ECO-HAC—Hacienda [Public Finance]

The Constitution of 1858 entrusted Congreso [Congress] with the power to contract debts upon the credit of the State; establish general taxes, duties, and contributions; supervise the application of public revenues and require an account of them from the Executive Power; and decree annual public expenditures in view of the budgets of revenue and expenditure presented by the Secretarios del Despacho [Secretaries of the Cabinet] (Title IX, Art. 64, nos. 2, 12, 14; cf. 1857, Title IX, Art. 38, nos. 2, 3, 9:  “To contract debts upon the credit of the State.”  “To establish general taxes and contributions, supervise the application of public revenues, and require an account of them from the Executive Power.”  “To decree public expenditures in view of the budgets of revenue and expenditure presented by the Executive Power, together with an extraordinary sum for unforeseen expenditures.”).

The Constitution provided that the funds of the Tesoro Nacional [National Treasury] could not be applied to provincial or municipal expenditures, nor provincial or municipal revenues to national expenditures (Art. 65, no. 2; new; cf. 1857: no corresponding provision).

No sum could be withdrawn from the tesoro público [Public Treasury] except for purposes determined by law and in conformity with the published budgets (Title XXII, Art. 152; cf. 1857, Title XX, Art. 114:  “No sum shall be withdrawn from the Public Treasury unless it is included in the general budget for the fiscal year in which the expenditure is made.”).

Las rentas municipales [municipal revenues] could not be burdened by national taxes (Art. 153; new; cf. 1857: no corresponding provision).

The Presidente de la República [President of the Republic] was charged with ensuring that the collection and application of national revenues conformed to the law (Title XI, Art. 94, no. 17; cf. 1857, Title XI, Art. 53, no. 14:  “To supervise the exact administration and application of public revenues.”).

POW-EXE—Ejecutivo [Executive]

The Constitution of 1858 vested the Poder Ejecutivo [Executive Power] in a Presidente de la República [President of the Republic] (Title XI, Art. 79; cf. 1857, Title XI, Art. 52:  “The Executive Power shall be entrusted to a Magistrate denominated President of the Republic.”).

The Constitution established the offices of Vicepresidente [Vice-President] and Designado [Designate], elected in the manner prescribed by the Constitution (Art. 80; cf. 1857, Title XII, Arts. 58–64).

The President and Vice-President were elected by direct and secret vote of citizens in the exercise of their political rights (Art. 81; cf. 1857, Title XII, Art. 59:  “The President and Vice-President of the Republic shall be appointed by the provincial Assemblies composed of the electors chosen by the cantons.”).

Eligibility for the Presidency required Venezuelan nationality by birth and citizenship in the exercise of its rights (Art. 82; cf. 1857, Title XII, Art. 58, which additionally required the qualifications prescribed for a Senator).

A constitutional election required one candidate to receive an absolute majority of all votes cast.  If no candidate received that majority, Congreso [Congress] confined the election to the three candidates who had received the greatest number of votes (Art. 83; cf. 1857, Title XII, Art. 59).

Congress elected among those candidates through the successive ballots prescribed by the Constitution.  Election initially required two-thirds of the votes of the members present and, after the prescribed ballots, an absolute majority was sufficient (Art. 84; cf. 1857, Title XII, Art. 59).

The presidential election was conducted in sesión permanente [permanent session], and no member who had voted in the first ballot could withdraw without permission from Congress (Art. 85; new; cf. 1857, Title XII, Art. 59).

The President served for four years and could not be reelected until at least one constitutional period had elapsed (Art. 86; cf. 1857, Title XII, Art. 60:  “The President and Vice-President of the Republic shall serve in their functions for six years, counted from February 1 of the year in which the election has been perfected.”).

The qualifications, manner of election, and duration prescribed for the President also governed the Vice-President (Art. 87; cf. 1857, Title XII, Arts. 58–60).

Persons related to the incumbent President or Vice-President within the degrees specified by the Constitution were ineligible for election to either office (Art. 88; new; cf. 1857: no corresponding provision).

The elections of the President and Vice-President were conducted two years apart; consequently, the first Vice-President elected under the Constitution served only two years (Art. 89; new; cf. 1857: no corresponding provision).

The President ceased exercising his functions on January 20 of the year in which the constitutional period terminated, and the Vice-President assumed the Executive Power until Congress installed the President-elect (Art. 90; cf. 1857, Title XII, Art. 61).

The President could not exercise the Executive Power outside the capital except when occupation by hostile forces or another grave event rendered his presence there impossible (Art. 91; new; cf. 1857: no corresponding provision).

Upon the death, resignation, removal, or incapacity of the President, the Vice-President exercised the Executive Power until the conclusion of the constitutional period (Art. 92; cf. 1857, Title XII, Arts. 63–64).

If the Vice-President exercising the Executive Power also became unavailable, the Designate replaced him until the election of a President and Vice-President.  Those elections were ordered immediately whenever at least one year remained in the constitutional period (Art. 93; cf. 1857, Title XII, Art. 64).

The President exercised the powers enumerated in Article 94, including preservation of domestic order and external security; execution of the laws and decrees of Congress; convocation of Congress; supreme command of the naval and terrestrial forces; conduct of foreign relations; appointment and removal of the Secretaries of the Cabinet and other officers; supervision of national revenues; commutation of capital punishment under the conditions prescribed by the Constitution; and the other functions assigned by the Constitution and the laws (Art. 94; cf. 1857, Title XI, Art. 53).

In cases of armed domestic commotion threatening the security of the Republic or sudden foreign invasion, Congress could confer the facultades extraordinarias [extraordinary powers] enumerated by Article 95: calling into service the portion of the Milicia Nacional [National Militia] that Congress considered necessary; demanding contributions in advance or negotiating loans when ordinary revenues were insufficient; requiring a passport for travel through or departure from the Republic; and granting general or individual pardons to persons implicated in political offences (Art. 95; cf. 1857, Title XI, Art. 54).

When Congress was not assembled, the President convoked a Consejo extraordinario [Extraordinary Council] composed of the Corte Suprema de Justicia [Supreme Court of Justice], the Vice-President, and the Secretary who presented the request, under the presidency of the President of the Supreme Court.  The Council could confer, by two-thirds of its votes, the powers specified in Article 95 (Art. 96; cf. 1857, Title XI, Art. 54, which assigned authorization during the recess to the Council of Government; Title XIV, Arts. 71–77, which regulated its composition and operation).

The powers enumerated by Article 95 could not be conferred for more than ninety days (Art. 97; cf. 1857, Title XI, Art. 54).

The Executive Power reported to Congress at its next meeting upon every act performed under those extraordinary powers (Art. 98; cf. 1857, Title XI, Art. 55).

The President could not leave the territory of the Republic during the constitutional period or for one year thereafter and could not command the naval or terrestrial forces in person (Art. 99; cf. 1857, Title XI, Art. 53, no. 15:  “To exercise supreme command of the naval and terrestrial forces and direct them in person when necessary for the defense of the Republic, with the prior concurrence of Congress or, during its recess, of the Council of Government.”).

The dispatch of matters corresponding to the Executive Power was entrusted to the number of Secretarios del Despacho [Secretaries of the Cabinet] determined by law (Title XII, Art. 100; cf. 1857, Title XIII, Art. 65, which fixed their number at four).

Eligibility as a Secretary required the same qualifications prescribed for a Deputy (Art. 101; cont. 1857, Title XIII, Art. 66).

Every presidential act, except the appointment and removal of the Secretaries, required the countersignature of the Secretary of the corresponding department and could not be obeyed without it (Art. 102; cf. 1857, Title XIII, Art. 67).

A verbal or written presidential order did not extinguish a Secretary’s responsibility (Art. 103; cont. 1857, Title XIII, Art. 68).

The Secretaries reported annually to the Chambers within fifteen days after their installation upon the condition of their respective departments (Art. 104; cont. 1857, Title XIII, Art. 69).

The Secretaries could attend the sessions of the Chambers with a right to speak but without a vote and were required to appear when called to provide information (Art. 105; cont. 1857, Title XIII, Art. 70).

POW-JUD—Poder Judicial [Judiciary]

The Constitution of 1858 vested the Poder Judicial [Judicial Power] in a Corte Suprema [Supreme Court], Cortes Superiores [Superior Courts], and the other tribunals and courts established by law (Title XIII, Art. 106; cf. 1857, Title XV, Art. 78:  “The Judicial Power is exercised by the Supreme Court of Justice, the Superior Courts, and the other tribunals and courts determined by law.”).

Criminal justice was to be administered by jurados [juries] whenever the constitutional congresses so provided (Art. 107; new; cf. 1857: no corresponding provision).

The Supreme Court was composed of no fewer than five Ministros [Ministers] (Title XIV, Art. 108; cf. 1857, Title XV, Art. 79:  “The Supreme Court of Justice shall be composed of one Presiding Minister-Judge, four Minister-Judges with the special denominations and powers assigned by law, and one Fiscal Minister.”).

Eligibility as a Minister of the Supreme Court required citizenship in the exercise of its rights, forty years of age, and either six years of service as a Magistrado de Corte Superior [Magistrate of a Superior Court] or twelve years of practice as an attorney in the Republic (Art. 109; cf. 1857, Title XV, Art. 80:  “To be a member of the Supreme Court, it is necessary: 1. To be Venezuelan by birth. 2. To have attained forty years of age. 3. To have served as a Magistrate of a Superior Court or practiced the profession of law for ten years.”).

The Ministers of the Supreme Court were elected through the nominations of the Legislaturas provinciales [provincial Legislatures] and the procedure prescribed by Articles 110 through 112 (Arts. 110–112; cf. 1857, Title XV, Art. 81:  “The members of the Supreme Court shall be proposed in lists of three to the Executive Power by Congress in joint session.”).

The Supreme Court joined the Senate in causes against the President, the Vice-President or Designate exercising the Executive Power, the Secretaries of the Cabinet, and Ministers of the Court; decreed suspension and heard ordinary criminal causes against the Vice-President when not exercising the Executive Power, the Secretaries, and its own Ministers; heard contentious matters concerning diplomatic officers, responsibility proceedings against diplomatic and consular agents and Governors, controversies arising from executive contracts or negotiations, and questions submitted by tribunals concerning the interpretation of statutes; declared the nullity of provincial legislative acts contrary to the Constitution; perfected the election of Ministers of the Superior Courts; reported to Congress upon improvements in the administration of justice; decided controversies between Provinces or between Provinces and the National Government; and exercised the other powers assigned by law (Art. 113; cf. 1857, Title XV, Art. 82:  “The Judicial Power exclusively possesses the faculty of adjudicating and applying the laws in civil and criminal matters; the Supreme Court is additionally charged, together with the powers conferred by law, with resolving judicial questions submitted to it by the Executive Power or by any other public authority or officer and reporting them to Congress at its next meeting.”).

The Ministers of the Supreme Court could not accept an office conferred by the Executive Power while serving on the Court (Art. 114; new; cf. 1857: no corresponding provision).

The Superior Courts consisted of no fewer than three Ministers (Title XV, Art. 115; new; cf. 1857: no corresponding provision).

Eligibility as a Minister of a Superior Court required Venezuelan nationality in the exercise of citizenship, thirty years of age, admission to the legal profession without suspension, and either four years of service as a judge, assessor, or auditor, or six years of legal practice (Art. 116; cf. 1857, Title XV, Art. 82, which entrusted the determination of judicial qualifications to the law).

The law organized the Superior Courts and the other tribunals and courts and determined their powers and the manner in which those powers were exercised (Art. 117; cont. 1857, Title XV, Art. 82).

Judges and Magistrates could not be suspended except by a decree declaring that proceedings should be instituted, nor removed except by a final judgment (Art. 118; cont. 1857, Title XV, Art. 84).

The Ministers of the Supreme and Superior Courts served for four years, were renewed by halves every two years, and could be reelected (Art. 119; cf. 1857, Title XV, Art. 79, which prescribed a six-year term and permitted reelection for the Supreme Court).

The office of Minister of the Supreme or Superior Courts was incompatible with the exercise of any profession or public office (Art. 120; new; cf. 1857: no corresponding provision).

Judicial decisions stated the grounds upon which they were founded (Art. 121; new; cf. 1857: no corresponding provision).

POW-SUB—Gobierno Subnacional [Subnational Government]

The Constitution of 1858 divided the Poder público [Public Power] into Poder Nacional [National Power] and Poder Municipal [Municipal Power] and distributed the National Power among the Legislative, Executive, and Judicial branches (Title III, Arts. 9–10; cf. 1857, Title II, Art. 6:  “For purposes of administration, the Public Power is divided into Legislative, Executive, Judicial, and Municipal Powers.  Each of these Powers shall exercise the functions assigned to it by the Constitution and the laws without exceeding its limits.”).

Municipal authority was exercised by the Legislaturas provinciales [provincial Legislatures] and Gobernadores [Governors], the Concejos y Jefes cantonales [Cantonal Councils and Chiefs], and the other officers and corporations established by provincial law (Title XVII, Art. 122; cf. 1857, Title XVI, Arts. 85–87).

A Legislatura provincial [provincial Legislature] was established in each Province, composed of three Deputies appointed by each Canton; a Province containing fewer than four Cantons nevertheless appointed twelve Deputies, distributed equally among them (Title XVIII, Art. 123; new; cf. 1857: no corresponding provision).

The Diputados a las Legislaturas provinciales [Deputies to the provincial Legislatures] were elected every two years by direct and secret vote of the citizens of each Canton, and persons not domiciled in the Canton remained eligible.  The suplentes [alternates] were elected in the same manner and proportion as the principal Deputies (Arts. 124–125; new; cf. 1857: no corresponding provision).

The provincial Legislatures could neither be installed nor continue their sessions with fewer than two-thirds of their total membership.  They assembled annually in the provincial capital on October 1, and each regular session continued for forty days (Arts. 126–127; new; cf. 1857: no corresponding provision).

The provincial Legislatures elected the Ministers of the Supreme Court, the Ministers of the Superior Court of their respective judicial district, and the principal and alternate Senators of the Province; organized the Cantons and Parishes; regulated appointments and instruction within the National Militia subject to national law; promoted immigration; created and suppressed Cantons and Parishes and determined their boundaries; established provincial taxes; enacted laws concerning urban, rural, and correctional police; promoted instruction, science, the arts, practical industrial education, means of communication, hospitals, charitable institutions, and internal improvements; and legislated upon every matter not reserved to the National Power (Art. 128; cf. 1857, Title XVI, Arts. 85–87; Title XVII, Arts. 88–89).

The provincial Legislatures could not impose contributions upon foreign import or export commerce, impair privileges granted by Congress or the Executive Power in conformity with the law, impose duties upon exclusively national corporations or officers, tax national property, or subject the residents or property of another Province to burdens different from those imposed upon their own residents and property (Art. 129; new; cf. 1857: no corresponding provision).

A Governor could object within five days to a decree or resolution of the provincial Legislature, which took effect notwithstanding the objection when the Legislature insisted upon it by an absolute majority.  Provincial Deputies incurred no responsibility for their speeches or opinions and enjoyed immunity to the same extent as members of Congress (Arts. 130–132; new; cf. 1857: no corresponding provision).

The executive authority of each Province was exercised by a Gobernador [Governor] (Title XIX, Art. 133; cf. 1857, Title XVII, Art. 88:  “The political administration of each province shall be entrusted to a Governor dependent upon and freely appointed by the Executive Power.”).

The superior political and administrative government and the order and security of the Province were entrusted to the Governor, to whom all employees belonging to the Province were subordinated (Art. 134; cf. 1857, Title XVII, Arts. 88–89).

Governors were agentes del Poder Nacional [agents of the National Power] and, in that capacity, executed the Constitution and laws of the Republic and the lawful orders of the Executive Power in matters within their competence (Art. 135; cf. 1857, Title XVII, Arts. 88–89).

Eligibility as a Governor required citizenship in the exercise of its rights, and Governors served for four years (Art. 136; new; cf. 1857: no corresponding provision).

Governors were elected by the absolute majority of the citizens voting in the Province through direct and secret ballot.  When no candidate obtained that majority, the provincial Legislature perfected the election in the same manner in which Congress perfected the presidential election (Art. 137; cf. 1857, Title XVII, Art. 88:  “The political administration of each province shall be entrusted to a Governor dependent upon and freely appointed by the Executive Power.”).

Governors could not be reelected for the immediately succeeding period (Art. 138; new; cf. 1857: no corresponding provision).

Governors convoked the provincial Legislatures extraordinarily, executed or objected to their decrees and resolutions, and exercised the other powers conferred by national or provincial law (Art. 139; cf. 1857, Title XVII, Arts. 88–89).

Temporary and absolute vacancies in the governorship were supplied by the person designated by provincial law, and the compensation of Governors was paid from provincial revenues (Arts. 140–141; new; cf. 1857: no corresponding provision).

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

Any number of members could propose the amendment of one or more constitutional articles in either Chamber (Title XXIV, Art. 163; cf. 1857, Title XXII, Art. 128:  “Either Chamber may initiate constitutional amendment, but each Chamber shall declare the necessity of amendment by two-thirds of the members present.”).

Before a proposed amendment could be debated, each Chamber had to declare its necessity by the vote of two-thirds of the members present (Art. 163; cont. 1857, Title XXII, Art. 128).

Once the necessity of amendment had been declared, the Chamber in which the proposal originated drafted the corresponding project.  The project was published in the interim and debated with the same formalities as a statute by the succeeding Legislature (Art. 163; cf. 1857, Title XXII, Art. 129:  “Once both Chambers have declared the necessity of amendment, the Chamber in which it originated shall draft the corresponding project so that it may be debated and sanctioned in the same manner as statutes by the succeeding Legislature and, in the interim, published by the press.”).

The forma de Gobierno republicana, popular representativa, responsable y alternativa [republican, popular representative, responsible, and alternative form of government] could not be altered through constitutional amendment (Art. 164; cont. 1857, Title XXII, Art. 130).

CIV-SUF—Sufragio [Suffrage]

The Constitution of 1858 declared that ciudadanos [citizens] possessed the right to elect persons for the exercise of the poderes públicos [public powers] (Title IV, Art. 11; cf. 1857, Title IV, Art. 11:  “All Venezuelans enjoying the rights of citizenship may elect and be elected to public office, provided that they possess the qualifications required by the Constitution and the laws.”).

Citizenship belonged to Venezuelans over twenty years of age and to those who, without having attained that age, were or had been married (Art. 11; cf. 1857, Title IV, Art. 12:  “To enjoy the rights of citizenship, it is necessary: 1. To be Venezuelan. 2. To be married or over eighteen years of age. 3. To know how to read and write; this condition, however, shall not become obligatory until 1880.”).

The derechos de ciudadano [rights of citizenship] were suspended by mental incapacity, a final sentence imposing corporal punishment for the duration of that punishment, or judicial interdiction (Art. 12; cf. 1857, Title IV, Art. 13).

The Diputados [Deputies], President, Vice-President, Governors, and members of the provincial Legislatures were elected through direct and secret voting in the manner prescribed by the Constitution (Arts. 58, 81, 124, 137; cf. 1857, Title VI, Art. 21; Title XII, Art. 59; Title XVII, Art. 88).

The Senadores [Senators] and Ministers of the Supreme Court were elected by the provincial Legislatures (Arts. 49, 110; cf. 1857, Title VII, Art. 25; Title XV, Art. 81).

CIV-CIT—Ciudadanía [Citizenship]

The Constitution of 1858 continued to distinguish nacionalidad [nationality] from ciudadanía [citizenship] (Titles II–IV; cont. 1857, Titles III–IV).

The following were venezolanos por nacimiento [Venezuelans by birth]: all persons born in the territory of Venezuela; children of a Venezuelan father or mother born in the territory of Colombia; and children of Venezuelan parents born in any foreign country (Title II, Art. 6, no. 1; cf. 1857, Title III, Arts. 7–8).

Persons born in the other Spanish-American republics were venezolanos por adopción [Venezuelans by adoption] upon proving their origin and manifesting before the authority determined by law their will to become Venezuelan (Art. 6, no. 2; new; cf. 1857, Title III, Art. 9).

Foreigners already naturalized and those obtaining a carta de naturaleza [certificate of naturalization] in conformity with the law were venezolanos por naturalización [Venezuelans by naturalization] (Art. 6, no. 3; cont. 1857, Title III, Art. 9).

Citizenship was governed by Article 11 (Title IV, Art. 11; cf. 1857, Title IV, Art. 12:  “To enjoy the rights of citizenship, it is necessary: 1. To be Venezuelan. 2. To be married or over eighteen years of age. 3. To know how to read and write; this condition, however, shall not become obligatory until 1880.”).

RTS-GAR—Derechos Individuales [Individual Rights]

The Constitution of 1858 placed the guarantees of individual liberty under the title De los Derechos Individuales [Of Individual Rights] (Title V, Arts. 13–29; cf. 1857, Title XX, Art. 97:  “This Constitution guarantees Venezuelans civil liberty, individual security, property, freedom of industry, and equality before the law.”).

La esclavitud [slavery] was forever abolished in Venezuela, and every enslaved person who entered its territory was declared free (Art. 13; cf. 1857, Title XX, Art. 99:  “Slavery shall never be reestablished in Venezuela.”).

Every Venezuelan possessed the right to express thoughts and opinions through the press, orally, or by any other means without prior censorship, subject to the responsibility established by law when public morality or private life was injured.  Proceedings concerning the press were adjudicated by jurados [juries] (Art. 14; cf. 1857, Title XX, Art. 101:  “Every person possesses the liberty to publish thoughts and opinions orally, through the press, or in any other manner, without prior censorship.”).

Every Venezuelan possessed the right to associate and assemble without arms for any public or private purpose and to submit representations to the authorities (Art. 15; new; cf. 1857: no corresponding provision).

Every Venezuelan possessed the right to exercise any profession or industry, except those constituting the property of another under a privilege granted in conformity with the law, those injuring public morality or the health of the population, and those obstructing the means of communication (Art. 16; cf. 1857, Title XX, Art. 97:  “This Constitution guarantees Venezuelans civil liberty, individual security, property, freedom of industry, and equality before the law.”).

Every Venezuelan possessed the right to travel through the territory of the Republic and to leave it without a passport, unless prohibited by a judicial authority in the cases determined by law (Art. 17; cf. 1857, Title XX, Art. 100:  “Venezuelans possess the liberty to settle their differences through arbitrators even after proceedings have commenced, change domicile, leave the State while taking their property with them, and return to it, provided that they observe the legal formalities, and to do everything not prohibited by law.”).

No person could be withdrawn from his jueces naturales [natural judges], subjected to extraordinary commissions or tribunals, adjudicated except under laws preceding the offence or action, or sentenced without having been heard and legally convicted (Art. 18; cf. 1857, Title XX, Arts. 102, 118:  “No person may be criminally adjudicated, much less punished, except under a law preceding the offence or action and after having been summoned, heard, and legally convicted.”  “No Venezuelan may be withdrawn without his consent from his natural judges or adjudicated by special commissions or extraordinary tribunals.”).

No Venezuelan could be imprisoned, arrested, or detained except under an order signed by the competent authority, stating its grounds and delivered in copy to the arrested person, unless he was apprehended in flagrante delicto, in which case any person could apprehend him for immediate presentation before a judge (Art. 19; cf. 1857, Title XX, Art. 104:  “No person may be deprived of liberty except in the cases and under the formalities prescribed by law.”).

In criminal matters, an order of imprisonment or arrest required prior información sumaria [preliminary information] demonstrating an act punishable by corporal penalty and substantiated indications that the person ordered arrested had committed it.  That person was released under bond whenever the record disclosed that such a penalty could not be imposed (Art. 20; cf. 1857, Title XX, Art. 107:  “In a criminal cause, after the accused has given a statement in answer to the charge, he shall be released under bond upon his request or that of his defender whenever the record discloses no ground for imposing a corporal penalty.”).

Every person imprisoned upon a criminal cause had to be informed, within three days after imprisonment, of the charges appearing from the preliminary record so that he could answer and defend himself (Art. 21; new; cf. 1857: no corresponding provision).

A carcelero o Alcaide [jailer or warden] could receive no person under arrest without the written order required by Article 19 and could prohibit communication only under a written judicial order, which could not extend beyond three days (Art. 22; new; cf. 1857: no corresponding provision).

A jailer or warden could employ no restraints other than those expressly prescribed in writing by the judge, who could authorize only those absolutely necessary to prevent escape or disorder within the prison (Art. 23; new; cf. 1857: no corresponding provision).

In a criminal cause, no person could be compelled to testify against himself, his ascendants, descendants, spouse, or relatives within the fourth civil degree of consanguinity and second degree of affinity (Art. 24; cf. 1857, Title XX, Art. 103:  “No Venezuelan shall give testimony under oath against himself in a criminal cause; nor shall ascendants and descendants, relatives within the fourth civil degree of consanguinity and second degree of affinity, or spouses give such testimony reciprocally against one another.”).

The hogar doméstico [domestic home] and the secrecy of letters and private papers were inviolable.  The home could not be entered, nor correspondence or papers opened or read, except by competent authority in the cases and under the requisites prescribed by law (Art. 25; cf. 1857, Title XX, Arts. 105, 112:  “The home of every Venezuelan is inviolable; entry shall occur in the cases and manner determined by law.”  “Letters and all correspondence are inviolable.  The seizure of papers shall occur in the cases and under the formalities determined by law.”).

No person could be deprived of the smallest portion of his propiedad [property], nor could it be applied to any public use, without his knowledge or that of Congress.  Whenever the common interest, legally demonstrated, so required, just compensation was always to be presupposed (Art. 26; cf. 1857, Title XX, Art. 108:  “Property is inviolable, and only for a legally demonstrated cause of public interest may Congress compel a Venezuelan to alienate it, after just indemnification.”).

All Venezuelans were equal before the law (Art. 27; cf. 1857, Title XX, Art. 97:  “This Constitution guarantees Venezuelans civil liberty, individual security, property, freedom of industry, and equality before the law.”).

The enumeration of rights did not constitute a negation of other rights belonging to individuals although not included in that Title (Art. 28; new; cf. 1857: no corresponding provision).

Foreigners in Venezuela enjoyed the same individual rights and guarantees as Venezuelans and were subject, like them, to the laws and authorities of the Republic (Art. 29; cf. 1857, Title XX, Art. 113:  “Every foreigner, irrespective of nation, shall be admitted into Venezuela.  As he shall be subject to the same laws of the State as Venezuelans, he shall likewise enjoy in his person and property the same guarantees as they.”).

REG-MIL—La Fuerza Militar [The Military Force]

The Constitution of 1858 divided the fuerza militar [military force] into the Ejército permanente [Permanent Army], Fuerza naval [Naval Force], and Milicia Nacional [National Militia] (Title XX, Art. 142; cf. 1857, Title XVIII, Arts. 90–91:  “The legislative Chambers shall annually fix, upon proposal of the Executive Power, the permanent naval and terrestrial force.”  “The Republic shall additionally possess a national militia, whose organization and service shall be determined by law.”).

The fuerza armada [armed force] was essentially obedient and could not deliberate (Art. 143; cf. 1857, Title XVIII, Art. 92:  “The armed force is essentially obedient and cannot deliberate.”).

Members of the naval and terrestrial armed forces in active service were subject to leyes militares [military laws] (Art. 144; cf. 1857, Title XX, Art. 124:  “No Venezuelan shall be subject to military laws except those in active service, whether in the permanent force or the national militia, quartered and paid by the State.”).

La autoridad militar [military authority] could never be united with civil authority (Art. 145; cf. 1857, Title XVIII, Art. 93:  “Its military authority shall never be united with civil authority.”).

The National Militia was organized by law and remained under the command of the Gobernadores de las Provincias [Governors of the Provinces], who called it into service when ordered by the Executive Power under an act of Congress, the extraordinary powers conferred pursuant to Article 95, or the occurrence of sudden commotion within the Province, in the manner determined by law (Art. 146; cf. 1857, Title XVIII, Art. 95:  “The national militia shall remain under the command of the Governor of the province, who shall call it into service when ordered by the Executive Power pursuant to an act of Congress or, during its recess, of the Council of Government under Article 54, or for action within the province in case of sudden commotion and in the manner determined by its organic law.”).

REG-REL—Religión [Religion]

The Constitution of 1858 contained no provision concerning religion (cf. 1857, Title I, Art. 4:  “The State shall protect the Catholic, Apostolic, and Roman Religion, and the Government shall always sustain its Worship and Ministers in conformity with the law.”).

REG-SLA—Esclavitud [Slavery]

The Constitution of 1858 declared esclavitud [slavery] forever abolished in Venezuela and declared free every enslaved person who entered its territory (Title V, Art. 13; cf. 1857, Title XX, Art. 99:  “Slavery shall never be reestablished in Venezuela.”).

ECO-INF—Infraestructura [Infrastructure]

The Constitution of 1858 entrusted Congress with the organization of the servicio nacional de postas y correos [national postal service] (Title IX, Art. 64, no. 5; new; cf. 1857: no corresponding provision).

Congress was empowered to promote through laws or contracts the navigation and canalization of rivers, the opening of roads, and other works of national utility (Art. 64, no. 16; cf. 1857, Title IX, Art. 38, no. 17:  “To establish rules for contracts between the State and citizens or companies, national or foreign, concerning river navigation, the opening of roads, or other objects of general utility.”).

Congress was likewise charged with promoting public education, the progress of the sciences and arts, and institutions of practical industrial instruction (Art. 64, no. 17; cf. 1857, Title IX, Art. 38, no. 11:  “To promote through laws public education, the progress of the sciences and arts, and institutions of general utility, and to grant exclusive privileges for a limited period for their encouragement and advancement.”).

The Legislaturas provinciales [provincial Legislatures] were empowered to promote instruction, the progress of the sciences and arts, institutions of practical industrial education, the opening and improvement of terrestrial and fluvial means of communication, hospitals and charitable institutions, and every matter relating to internal improvements (Art. 128, no. 10; new; cf. 1857: no corresponding provision).

CON-FIN—Disposiciones Finales [Final Provisions]

The Constitution of 1858 established the responsibility of the Presidente [President], Vicepresidente [Vice-President], and Designado [Designate] while exercising the Executive Power, together with that of the Secretarios del Despacho [Secretaries of the Cabinet] and the Ministers of the Supreme Court, in the cases prescribed by the Constitution (Title XXI, Art. 147; cf. 1857, Title XI, Art. 57:  “The President of the Republic and the Vice-President charged with the Executive Power are responsible for the crime of treason against the Republic, whether committed to subject it to a foreign power or to alter the recognized and sworn form of government, and for those crimes punished by the laws with capital punishment.  The Secretaries of the Cabinet shall be responsible for every act of the Executive Power that they authorize as its necessary organs.”).

For those purposes, traición [treason] consisted in attacking the constitutional form of government, taking arms in favor of external enemies, or forming a coalition with them or with nationals acting in favor of a foreign power (Art. 148; new; cf. 1857: no corresponding provision).

All other public employees remained responsible for their conduct in the exercise of their offices in conformity with the law (Art. 149; cf. 1857, Title XX, Art. 117:  “Public officers are responsible for their conduct in the performance of their duties in conformity with the law.”).

Venezuelans retained the right to terminate their differences through árbitros [arbitrators] even after judicial proceedings had commenced (Title XXII, Art. 150; cf. 1857, Title XX, Art. 100:  “Venezuelans possess the liberty to terminate their differences through arbitrators even after proceedings have commenced.”).

La confiscación [confiscation], toda pena cruel [every cruel punishment], and the death penalty for political offences were abolished, and the Código Criminal [Criminal Code] was required to restrict the imposition of capital punishment insofar as possible (Art. 151; cf. 1857, Title XX, Arts. 98, 109:  “Capital punishment for political offences is forever abolished.”  “Torture, confiscation of property, and every cruel or infamous punishment are prohibited.”).

No sum could be withdrawn from the Public Treasury except for purposes determined by law and in conformity with the budgets, which were necessarily published (Art. 152; cf. 1857, Title XX, Art. 114:  “No sum shall be withdrawn from the Public Treasury unless it is included in the general budget for the fiscal year in which the expenditure is made.”).

Municipal revenues could not be burdened by national taxes (Art. 153; new; cf. 1857: no corresponding provision).

The establishment of mayorazgos [entailed estates] and every class of vinculaciones [perpetual entailments] was prohibited (Art. 154; cf. 1857, Title XX, Art. 110:  “The establishment of entailed estates and every class of perpetual entailment is prohibited.”).

No public corporation or employee could exercise any function or authority not conferred by the Constitution or the law (Art. 155; new; cf. 1857: no corresponding provision).

Public officers could not issue, obey, or execute orders manifestly contrary to the Constitution or the laws, orders violating their prescribed essential forms, or orders issued by manifestly incompetent authorities (Art. 156; cf. 1857, Title XX, Art. 119:  “No public officer shall issue, obey, or execute orders manifestly contrary to the Constitution or the laws, orders that in any manner violate the essential formalities prescribed by them, or orders issued by manifestly incompetent authorities.”).

Persons who issued, signed, executed, or ordered the execution of decrees, orders, or resolutions contrary to the Constitution and the laws guaranteeing individual rights were culpable and punishable under those laws (Art. 157; cf. 1857, Title XX, Art. 120:  “Those who issue, sign, execute, or order the execution of decrees, orders, or resolutions contrary to the Constitution and the laws guaranteeing individual rights, together with those who execute them, are culpable and shall be punished in conformity with those laws.”).

The compensation of the President, Vice-President, Senators, Deputies, and Ministers of the Supreme Court could be neither increased nor diminished during the period for which the incumbent officers had been elected (Art. 158; new; cf. 1857: no corresponding provision).

Provincial elections preceded national elections (Art. 159; new; cf. 1857: no corresponding provision).

No public employee could enter upon the exercise of an office without first taking the juramento [oath] to sustain and defend the Constitution and faithfully and exactly discharge the duties of the office (Title XXIII, Art. 160; cf. 1857, Title XXI, Art. 125:  “No employee may enter upon the exercise of his functions without first taking the oath to sustain and defend the Constitution and faithfully and exactly discharge the duties of his office.”).

The Constitution prescribed the authorities before whom the President, Vice-President, presidents of the national and provincial Chambers, presidents and members of the Supreme and Superior Courts, Secretaries of the Cabinet, Governors, and other civil and military employees took that oath (Arts. 161–162; cf. 1857, Title XXI, Arts. 126–127).

The Constitution was to be promulgated with the solemnities and formalities established by the Decree of September 24, 1830, and immediately put into execution, while every preceding law and decree remained in force insofar as it did not oppose the Constitution (Title XXV, Art. 165; cf. 1857, Transitional Provisions).

To effect the renewals prescribed by Articles 51, 60, and 119, the national Chambers at their first meeting and the Supreme and Superior Courts upon their installation determined by lot one-half of their respective members, or the greater number when the total was uneven, who would cease exercising their offices at the conclusion of the second year (Art. 165; cf. 1857, Second Transitional Provision:  “The Chambers shall be renewed in their entirety in the next elections, which shall take place in 1859.”).

The Constitution was enacted in the hall of sessions of the Convención Nacional [National Convention] at Valencia on December 24, 1858, and ordered fulfilled, published, and circulated by the Jefe provisional del Estado [Provisional Chief of State], Julián Castro, on December 31, 1858.


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6). The Constitution of 1864

The Constitution of 1864 (Constitución de los Estados Unidos de Venezuela [Constitution of the United States of Venezuela]) was decreed by the Asamblea Constituyente [Constituent Assembly] in Caracas on March 28, 1864, and ordered published and circulated by Juan Crisóstomo Falcón at Santa Ana de Coro on April 13, 1864, with ministerial countersignature at Caracas on April 22, 1864.

DOC-PRE—Preámbulo [Preamble]

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

“The Constituent Assembly, invoking the Supreme Author and Legislator of the Universe and acting by the authority of the people of Venezuela, decrees:  CONSTITUTION OF THE UNITED STATES OF VENEZUELA.”

FND-TER—Territorio [Territory]

The Constitution of 1864 declared the provinces of Apure, Aragua, Barcelona, Barinas, Barquisimeto, Carabobo, Caracas, Cojedes, Coro, Cumaná, Guárico, Guayana, Maracaibo, Maturín, Mérida, Margarita, Portuguesa, Táchira, Trujillo, and Yaracuy to be independent Estados [States] united to form a free and sovereign Nación [Nation] under the name Estados Unidos de Venezuela [United States of Venezuela] (Title I, Sec. I, Art. 1; cf. 1858, Arts. 1–3:  “The Venezuelan Nation is forever and irrevocably free and independent of every foreign power.”  “Sovereignty resides essentially in the Nation.”  “The territory of the Republic comprises all that, before the political transformation of 1810, was denominated the Captaincy General of Venezuela, with all its rights and appurtenances.”).

The boundaries of each State were those assigned to the provinces by the law of April 28, 1856, which had established the most recent territorial division (Art. 2; cf. 1858, Art. 3:  “The territory of the Republic comprises all that, before the political transformation of 1810, was denominated the Captaincy General of Venezuela, with all its rights and appurtenances; and is divided into Provinces, Cantons, and Parishes.”).

The boundaries of the United States composing the Federación Venezolana [Venezuelan Federation] were those corresponding in 1810 to the former Capitanía General de Venezuela [Captaincy General of Venezuela] (Art. 3; cf. 1858, Art. 3:  “The territory of the Republic comprises all that, before the political transformation of 1810, was denominated the Captaincy General of Venezuela, with all its rights and appurtenances.”).

Two or more States could unite to constitute a single State while retaining the liberty to recover their separate status, with notice in either case to the Ejecutivo Nacional [National Executive], Congreso [Congress], and the other States of the Unión [Union] (Art. 4; new; cf. 1858: no corresponding provision).

States exercising that faculty retained their votes in the Presidencia [Presidency] election, their representation in the Senado [Senate], and their participation in the nomination of vocales [members] of the Alta Corte Federal [Federal High Court] (Art. 5; new; cf. 1858: no corresponding provision).

POW-LEG—Legislatura Nacional [National Legislature]

The Constitution of 1864 vested the Poder Legislativo Nacional [National Legislative Power] in a Legislatura Nacional [National Legislature] composed of a Senado [Senate] and a Cámara de Diputados [Chamber of Deputies] (Title IV, Sec. I, Art. 18; cf. 1858, Art. 30:  “The Legislative Power is exercised by a Congress composed of two Chambers, one of Deputies and the other of Senators.”).

The respective Estados [States] determined the manner in which Senadores [Senators] and Diputados [Deputies] were appointed (Art. 19; cf. 1858, Arts. 49, 58:  “The Senate shall be composed of two Senators from each Province, elected by the provincial Legislatures.”  “The Chamber of Deputies shall be composed of those elected by the citizens of the Provinces through direct and secret voting.”).

Each State elected one Deputy for every twenty-five thousand inhabitants and another for any excess greater than twelve thousand, together with an equal number of suplentes [alternates] (Art. 20; cf. 1858, Art. 58:  “one for every twenty-five thousand inhabitants, and one more for an excess of fifteen thousand.”).

Deputies served for two years and were renewed in their entirety (Art. 21; cf. 1858, Art. 60:  “The Deputies shall serve in their functions for four years and shall be renewed by halves every two years.”).

The Chamber of Deputies examined the President’s annual account, could adopt a voto de censura [vote of censure] against a Ministro del Despacho [Cabinet Minister] with the consequent vacation of his office, and heard accusations against the officer exercising the National Executive, Cabinet Ministers, and other empleados nacionales [national employees] in the cases prescribed by the Constitution (Art. 22; cf. 1858, Arts. 61–63).

An accusation presented by a Deputy, corporation, or individual was referred to a comisión [committee] of three Deputies chosen by secret ballot.  The committee reported within three days whether formación de causa [institution of proceedings] should be declared, and the Chamber decided by the absolute majority of the members present, without the vote of the accusing Deputy (Art. 23; cf. 1858, Arts. 62–63).

A declaration of ha lugar [that proceedings should be instituted] suspended the accused from office and rendered him ineligible to exercise any public office while the trial remained pending (Art. 24; cf. 1858, Art. 63).

Each State elected two Senadores principales [principal Senators] and two alternates (Art. 25; cont. 1858, Art. 49).

Eligibility for the Senate required Venezuelan nationality by birth and thirty years of age (Art. 26; cf. 1858, Art. 52).

Senators served for four years and were renewed by halves.  When the entire Senate was elected at one time, one Senator from each State was elected for two years (Art. 27; cont. 1858, Art. 51).

The Senate conducted and decided the proceedings initiated in the Chamber of Deputies (Art. 28; cont. 1858, Art. 53).

When such a proceeding had not concluded before the end of the legislative sessions, the Senate remained assembled solely for that purpose until final disposition of the causa [cause], without dietas [legislative compensation] to the Senators during that period (Art. 29; cf. 1858, Art. 57).

The National Legislature assembled annually in the capital of the United States on February 20, or on the earliest possible date thereafter, without awaiting convocation.  Its sessions continued for seventy days and could be extended to no more than ninety (Art. 30; cf. 1858, Art. 31:  “Congress shall assemble every year in the capital of the Republic on January 20, without need of convocation; and its sessions shall continue for ninety days.”).

Each Cámara [chamber] opened its sessions with at least two-thirds of its members.  In the absence of that number, the members present constituted themselves as a Comisión preparatoria [preparatory committee] and adopted measures to secure the attendance of the absentees (Art. 31; cont. 1858, Art. 32).

Once opened, the sessions could continue with two-thirds of the members who had installed the chamber, provided that their number did not fall below one-half of all appointed members (Art. 32; cf. 1858, Art. 33).

Although the chambers ordinarily acted separately, they assembled in Congreso [Congress] whenever required by the Constitution or the law, or when one chamber proposed and the other accepted a joint meeting (Art. 33; cont. 1858, Art. 38).

Sessions were public but could be declared secret by the respective chamber (Art. 34; cont. 1858, Art. 39).

Each chamber adopted its own reglamentos [rules], disciplined their violators, maintained policía [order] within its premises, corrected disorderly spectators, removed obstacles to the exercise of its functions, executed its internal resolutions, judged the qualifications of its members, and heard their resignations (Art. 35; cf. 1858, Arts. 35–37).

Neither chamber could suspend its sessions or change its place of residence without the consent of the other.  In case of disagreement, the chambers assembled jointly and the majority determined the question (Art. 36; cont. 1858, Art. 34).

The exercise of any other public function was incompatible with service as a Senator or Deputy during the legislative sessions.  The law determined their indemnizaciones [compensation], which could not be increased during the constitutional period for which it had been fixed (Art. 37; cf. 1858, Arts. 42, 46).

Senators and Deputies enjoyed inmunidad [immunity] from January 20 of each year until thirty days after the conclusion of the sessions.  That immunity suspended every proceeding against them, irrespective of its origin or nature; if a member committed an act punishable by a pena corporal [corporal penalty], the preliminary investigation could continue only until completion of the sumario [initial record] (Art. 38; cf. 1858, Art. 43).

Congress was presided over by the Presidente del Senado [President of the Senate], while the Presidente de la Cámara de Diputados [President of the Chamber of Deputies] served as Vicepresidente [Vice-President] (Art. 39; cont. 1858, Art. 38).

Members of the chambers incurred no responsibility for the opinions or speeches expressed in them (Art. 40; cont. 1858, Art. 44).

Senators and Deputies could not accept an empleo or comisión [commission] from the National Executive until one year after the conclusion of their respective terms.  Appointments as Cabinet Ministers, empleados diplomáticos [diplomatic officers], or mandos militares [military commands] in time of war were excepted, but acceptance vacated the legislative seat (Art. 41; cf. 1858, Arts. 41–42).

Senators and Deputies could neither contract with the Gobierno general [General Government] nor prosecute the claims of other persons before it (Art. 42; new; cf. 1858: no corresponding provision).

The National Legislature adjudicated controversies between the States; erected and organized the Distrito Federal [Federal District]; organized Aduanas [customs], ports, postal offices, and the national currency; enacted the Códigos nacionales [national codes]; created and compensated national offices; regulated the public debt and national loans; provided for the census and national statistics; fixed the naval and terrestrial forces; declared war; approved or rejected treaties and national public-works contracts; adopted the annual budget; promoted national prosperity, science, and the arts; established weights and measures; granted amnesties; organized national territories; regulated proceedings before the Senate; enacted the presidential election law; and exercised the other powers enumerated by the Constitution (Arts. 43–44; cf. 1858, Art. 64).

Bills and decretos legislativos [legislative decrees] could originate with members of either chamber in the manner prescribed by their respective rules (Art. 45; cf. 1858, Art. 66).

Every admitted proyecto [bill] received three readings separated by at least one day (Art. 46; cont. 1858, Art. 66).

A bill approved by its Cámara de origen [chamber of origin] passed to the other chamber for the same proceedings.  If not rejected, it returned to the chamber of origin with any alterations adopted by the second chamber (Art. 47; cf. 1858, Arts. 67–68).

When the chamber of origin rejected those alterations, it could insist upon its text and transmit its reasons in writing.  The chambers could also convene jointly as a Comisión general [general committee] to seek agreement; if no agreement resulted and the chamber of origin resolved separately to terminate consideration, the bill failed (Art. 48; cf. 1858, Art. 69).

The dates of the several readings accompanied every bill transmitted from one chamber to the other (Art. 49; cont. 1858, Art. 76).

A statute amending another statute had to be redrafted in its entirety, and the former statute was repealed in all its parts (Art. 50; cont. 1858, Art. 74).

The fórmula legislativa [enactment formula] was: “El Congreso de los Estados Unidos de Venezuela. Decretan” (Art. 51; cf. 1858, Art. 75:  “The Congress of Venezuela decrees.”).

A bill rejected during one Legislature could not be introduced again until another Legislature (Art. 52; cf. 1858, Art. 70).

Bills remaining pending in either chamber at the close of the sessions were subject to three new readings in the succeeding Legislature (Art. 53; new; cf. 1858: no corresponding provision).

Statutes were repealed through the same formalities required for their enactment (Art. 54; cont. 1858, Art. 77).

When the Cabinet Ministers had maintained before a chamber that a bill was unconstitutional and the bill nevertheless became law, the Executive could submit it to the Nation as represented by the Legislaturas de los Estados [Legislatures of the States] (Art. 55; new; cf. 1858: no corresponding provision).

Each State then expressed one vote, determined by the majority of the members attending its Legislature, and transmitted the result, “Confirmo” or “Objeto”, to the Federal High Court (Art. 56; new; cf. 1858: no corresponding provision).

If a majority of the States concurred with the Executive, the Federal High Court ordered suspension of the statute and reported the proceedings to Congress (Art. 57; new; cf. 1858: no corresponding provision).

Statutes entered into operation only after publication with the prescribed solemnities (Art. 58; cont. 1858, Art. 78).

The facultad de sancionar la ley [power to enact legislation] could not be delegated (Art. 59; cont. 1858, Art. 65, no. 3).

No legislative provision had retroactive effect except in matters of judicial procedure or when it imposed a lesser penalty (Art. 60; cf. 1858, Art. 18).

ECO-HAC—Hacienda Pública [Public Finance]

The States undertook to reserve from rentas nacionales [national revenues], for the benefit of States without mines in operation, twenty thousand pesos to be included in the presupuesto anual [annual budget] and paid in anticipated quarterly installments (Title II, Art. 13, no. 17; new; cf. 1858: no corresponding provision).

The Legislatura Nacional [National Legislature] organized the Aduanas [customs service], whose revenues constituted the Tesoro de la Unión [Treasury of the Union] until replaced by other sources of revenue (Title IV, Sec. V, Art. 43, no. 3; cf. 1858, Art. 64, no. 2:  “To establish taxes, duties, and contributions to meet national expenditures, supervise their application, and require an account of them from the Executive Power.”).

The Legislature determined all matters concerning the deuda nacional [national debt], contracted empréstitos [loans] upon the credit of the Nation, and annually adopted the presupuesto de gastos públicos [budget of public expenditures] (Art. 43, nos. 10, 11, 18; cf. 1858, Art. 64, nos. 12, 14).

The Presidente de la Unión [President of the Union] supervised the collection of national revenues (Title V, Art. 72, no. 3; cont. 1858, Art. 94, no. 17).

In time of foreign war, the President could demand authorized contribuciones [contributions] in advance or negotiate previously decreed loans when ordinary revenues were insufficient (Art. 72, no. 15.2; cont. 1858, Art. 95, no. 2).

Within the first five sessions of each annual Legislature, the Ministros del Despacho [Cabinet Ministers] presented the proposed budget of public expenditures and the cuenta general [general account] for the preceding year (Arts. 79–80; cf. 1858, Art. 104).

El Congreso [Congress] could neither increase the taxes imposed upon exports nor constitute additional hipotecas [encumbrances] upon them.  Once the existing obligations had been discharged by payment, compensation, or substitution, the exportation of national products became permanently free (Title VII, Art. 103; new; cf. 1858: no corresponding provision).

No expenditure could be made from the Tesoro nacional [National Treasury] unless Congress had expressly appropriated the corresponding sum in the annual budget.  Those who contravened this requirement were civilly responsible to the Treasury for the amounts disbursed, and ordinary expenditures took precedence over extraordinary expenditures in every distribution of public funds (Art. 108; cf. 1858, Art. 152:  “No sum shall be withdrawn from the Public Treasury for purposes other than those determined by law and in conformity with the budgets, which shall necessarily be published.”).

Las oficinas de recaudación [offices of collection] remained separate from las oficinas de pago [offices of payment].  Collection offices could make no payments other than the salaries of their own employees (Art. 109; new; cf. 1858: no corresponding provision).

When the budget for a período fiscal [fiscal period] was not adopted, the budget for the immediately preceding period continued in force (Art. 110; new; cf. 1858: no corresponding provision).

POW-EXE—Ejecutivo [Executive]

The Constitution of 1864 placed the Administración general de la Nación [General Administration of the Nation], insofar as it had not been assigned to another authority, under a magistrate denominated Presidente de los Estados Unidos de Venezuela [President of the United States of Venezuela] (Title V, Sec. I, Art. 61; cf. 1858, Art. 79:  “The Executive Power shall be entrusted to a magistrate denominated President of the Republic.”).

Eligibility for the Presidencia [Presidency] required Venezuelan nationality by birth and thirty years of age (Art. 62; cf. 1858, Art. 82:  “To be President of the Republic, it is necessary to be Venezuelan by birth and a citizen in the enjoyment of his rights.”).

The citizens of all the Estados [States] elected the President by votación directa y secreta [direct and secret ballot].  Each State possessed one vote, determined by the relative majority of its electors (Art. 63; cf. 1858, Art. 81:  “The President and Vice-President shall be elected by direct and secret vote of the Venezuelans who enjoy citizenship.”).

On the eighth day of the sessions of Congreso [Congress], the Cámaras [chambers] assembled to conduct the escrutinio [canvass] of the electoral returns.  If all returns had not arrived, Congress adopted measures to obtain them and could defer the canvass for as many as forty days; upon expiration of that period, the canvass proceeded with the returns received, provided that they represented no fewer than two-thirds of the States (Art. 64; cf. 1858, Art. 83).

The candidate receiving an absolute majority of the State votes was declared President.  If no candidate received that majority, Congress selected between the two candidates obtaining the greatest number of votes, with each State casting one vote determined by the absolute majority of its Senadores [Senators] and Representantes [Representatives] (Art. 65; cf. 1858, Art. 84).

No member participating in the canvass could leave the session without the consent of Congress (Art. 66; cont. 1858, Art. 85).

Two Designados [Designates], elected annually by the chambers in joint session, supplied temporary or absolute vacancies in the Presidency (Art. 67; cf. 1858, Arts. 80, 93).

The President served for four years beginning on February 20 and vacated the office on that date at the conclusion of the período constitucional [constitutional period], irrespective of whether the full term had actually been served (Art. 68; cont. 1858, Art. 86).

When a falta absoluta [absolute vacancy] occurred during the first two years of a presidential period, Congress ordered a new election for a President to serve the remainder of the period (Art. 69; cf. 1858, Art. 93).

Neither the President nor a person elected to complete the presidential period under Article 69 could be elected for the immediately succeeding period (Art. 70; cont. 1858, Art. 86).

The law determined the sueldo [compensation] of the President and of persons exercising the Presidency in his place, and that compensation could not be increased or diminished during the period in which the law was enacted (Art. 71; cf. 1858, Art. 158).

The President preserved the Nación [Nation] from every external attack (Art. 72, no. 1; cf. 1858, Art. 94, no. 1).

The President executed and secured the execution of the statutes and decrees of the Legislatura Nacional [National Legislature] (Art. 72, no. 2; cont. 1858, Art. 94, no. 2).

The President supervised the collection of national revenues and administered terrenos baldíos [public lands] in conformity with the law (Art. 72, nos. 3–4; cf. 1858, Art. 94, no. 17; Art. 64, no. 15).

The President convoked the National Legislature for its regular meetings and for extraordinary meetings when required by the gravity of an event (Art. 72, no. 5; cont. 1858, Art. 94, no. 3).

The President appointed agentes diplomáticos [diplomatic officers], Cónsules generales [Consuls General], and Cónsules [Consuls], with appointments to the first two categories restricted to Venezuelans by birth (Art. 72, no. 6; cf. 1858, Art. 94, no. 9).

The President directed negociaciones diplomáticas [diplomatic negotiations] and concluded tratados [treaties] with other nations, subject to submission to the National Legislature (Art. 72, no. 7; cont. 1858, Art. 94, no. 7).

The President concluded contratos de interés nacional [contracts of national interest] in conformity with the law and submitted them to the Legislature (Art. 72, no. 8; new; cf. 1858: no corresponding provision).

The President appointed and removed Ministros del Despacho [Cabinet Ministers] (Art. 72, no. 9; cont. 1858, Art. 94, no. 8).

The President appointed empleados de Hacienda [Treasury employees] whose appointment had not been assigned to another officer.  Those appointments were restricted to Venezuelans by birth (Art. 72, no. 10; cf. 1858, Art. 94, no. 14).

The President removed or suspended empleados de su libre nombramiento [employees within his free appointment] and ordered proceedings against them whenever grounds existed (Art. 72, no. 11; cf. 1858, Art. 94, nos. 15–16).

The President granted cartas de nacionalidad [certificates of nationality] in conformity with the law and issued patentes de navegación [navigation licenses] to national vessels (Art. 72, nos. 12–13; cf. 1858, Art. 94, no. 13; Art. 64, no. 7).

The President declared war in the name of the República [Republic] after Congress had decreed it (Art. 72, no. 14; cont. 1858, Art. 94, no. 6).

In time of foreign war, the President could require the States to provide assistance for the national defense; demand contributions in advance or negotiate authorized loans; arrest or expel nationals of the enemy State who opposed the defense of Venezuela; suspend garantías [guarantees] incompatible with national defense except the guarantee of life; transfer the Ejecutivo Nacional [National Executive] temporarily when grave circumstances required it; institute proceedings for traición a la Patria [treason against the Fatherland] against Venezuelans hostile to the national defense; and issue patentes de corso y represalias [letters of marque and reprisal] together with rules governing captures (Art. 72, no. 15; cf. 1858, Arts. 95–98).

In an armed insurrection against the Nation’s political institutions, the President could employ the fuerza pública [public force] and exercise the powers concerning national defense, anticipated contributions, and temporary transfer of the Executive specified by the Constitution (Art. 72, no. 16; cf. 1858, Arts. 95–98).

The President could employ the public force to terminate an armed collision between two or more States and require them to disarm and submit their controversy to the autoridades nacionales [national authorities] (Art. 72, no. 17; new; cf. 1858: no corresponding provision).

The President could direct a war or command the Ejército [Army] in person in the cases prescribed by the Constitution and could leave the capital when matters of public interest required it (Art. 72, no. 18; cf. 1858, Arts. 91, 99).

The President granted indultos generales o particulares [general or individual pardons] (Art. 72, no. 19; cf. 1858, Art. 94, no. 19).

The President defended the territory assigned to the Distrito Federal [Federal District] whenever there were substantiated fears of hostile invasion (Art. 72, no. 20; new; cf. 1858: no corresponding provision).

The President exercised the other functions conferred by national statutes (Art. 72, no. 21; cont. 1858, Art. 94).

Whenever the National Executive exercised any of the facultades extraordinarias [extraordinary powers] conferred by Article 72, it reported to Congress within the first eight days of its next meeting (Art. 73; cont. 1858, Art. 98).

The President was assisted by the Cabinet Ministers established by law, which also determined their functions and duties and organized the Secretarías [departments] (Art. 74; cont. 1858, Art. 100).

Eligibility as a Cabinet Minister required twenty-five years of age and either Venezuelan nationality by birth or five years of Venezuelan nationality (Art. 75; cf. 1858, Art. 101).

The Cabinet Ministers were the órganos naturales y precisos [natural and necessary organs] of the President.  Every presidential act required ministerial countersignature, without which no authority, employee, or private person could comply with or execute it (Art. 76; cf. 1858, Art. 102).

Every ministerial act had to conform to the Constitution and the laws.  A Minister’s responsibility was not extinguished by a presidential order, even when that order had been given in writing (Art. 77; cont. 1858, Art. 103).

All matters other than the internal administration of a ministry were decided in the Consejo de Ministros [Council of Ministers], whose responsibility was collective (Art. 78; new; cf. 1858: no corresponding provision).

Within the first five sessions of every annual Legislature, the Ministers reported what they had done or intended to do in their respective departments.  They also supplied the written or oral information requested by the chambers, reserving only matters whose publication was incompatible with diplomatic or military negotiations (Art. 79; cf. 1858, Arts. 104–105).

Within the same period, the Ministers presented the proposed budget of public expenditures and the general account for the preceding year (Art. 80; cont. 1858, Art. 104).

The Ministers possessed the derecho de palabra [right to speak] before the chambers and were required to appear whenever called to provide information (Art. 81; cont. 1858, Art. 105).

The Ministers were responsible for treason; violation of the Constitution or laws; malversación de los fondos públicos [misappropriation of public funds]; expenditures in excess of the budget; and soborno o cohecho [bribery or corrupt payment] in matters within their offices or in appointments to public employment (Art. 82; cf. 1858, Art. 147, no. 2).

The National Executive was exercised by the President, or by the person acting in his place, together with the Cabinet Ministers as his constitutional organs (Art. 83; cf. 1858, Arts. 79, 102).

The National Executive could not exercise its functions outside the Federal District except in the case of a temporary transfer authorized during foreign war.  When the President assumed command of the Army or left the Federal District under the authority of Article 72, he was replaced in the manner prescribed by Articles 67 and 102 (Art. 84; cf. 1858, Art. 91).

When a vacancy or absence of the President could not be supplied by the Designates, one of the Cabinet Ministers, elected by all the Ministers in public session, exercised the Presidency.  The appropriate Designate was then called, and notice was given to the States (Title VII, Art. 102; cf. 1858, Art. 93).

POW-JUD—Poder Judicial [Judiciary]

The Alta Corte Federal [Federal High Court] consisted of five vocales [members] (Title VI, Sec. I, Art. 85; cf. 1858, Art. 108:  “The Supreme Court shall be composed of no fewer than five Ministers.”).

Eligibility required Venezuelan nationality by birth or ten years of naturalization and thirty years of age (Art. 85; cf. 1858, Art. 109:  “To be a Minister of the Supreme Court, it is necessary: 1. To be a citizen in the enjoyment of his rights. 2. To have attained forty years of age. 3. To have served as a Magistrate of a Superior Court for six years, or to have practiced the profession of law in the Republic for twelve years.”).

For the appointment of its members, the Legislatura de cada Estado [Legislature of each State] presented Congress with a list containing as many candidates as there were positions to be filled.  Congress declared elected the candidate obtaining the greatest number of votes among the nominations submitted by each of the five secciones territoriales [territorial sections] established by the Constitution, with Congress resolving any tie (Art. 86; cf. 1858, Arts. 110–112).

The law determined the respective functions of the members and of the other empleados de la Alta Corte Federal [employees of the Federal High Court] (Art. 87; cf. 1858, Art. 113, which constitutionally enumerated the jurisdiction of the Supreme Court).

The vocales principales [principal members] and their suplentes [alternates], appointed through the same procedure, served for four years.  Neither a principal member nor an alternate exercising the office could accept an appointment from the Ejecutivo [Executive] during that period, even after resigning the judicial position (Art. 88; cf. 1858, Arts. 114, 119–120).

The Federal High Court heard civil or criminal proceedings against empleados diplomáticos [diplomatic employees] in the cases permitted by the Derecho Público de las Naciones [Public Law of Nations]; proceedings that the President ordered instituted against his Ministers; causas de responsabilidad [responsibility proceedings] against Cabinet Ministers and diplomatic agents; proceedings against altos funcionarios de los Estados [senior officers of the States] when state law so provided; civil actions against the Nation in the cases determined by law; controversies of jurisdicción o competencia [jurisdiction or competence] between employees of different States; matters submitted by the States; colisión de leyes [collisions of laws] among national statutes or between national and state statutes; controversies arising from contracts or negotiations concluded by the President; causas de presas [maritime prize causes]; and the other matters assigned by law (Art. 89; cf. 1858, Art. 113).

The law created and designated any additional tribunales nacionales [national tribunals] that proved necessary (Title VII, Art. 114; cf. 1858, Arts. 106, 117).

POW-SUB—Gobierno Subnacional [Subnational Government]

The Estados [States] composing the Unión venezolana [Venezuelan Union] mutually recognized their autonomía [autonomy], possessed equal political status, and retained in its plenitude every sovereign power not expressly delegated by the Constitution (Title II, Art. 12; cf. 1858, Art. 128, no. 11:  “To legislate upon all matters not reserved to the National Power.”).

The States undertook to organize themselves according to the principles of Gobierno Popular, Electivo, Federal Representativo, Alternativo y Responsable [Popular, Elective, Federal Representative, Alternative, and Responsible Government]; not to alienate territory to a foreign power or solicit foreign protection; cede the land required for the Distrito Federal [Federal District]; refrain from restricting the navigation of naturally navigable rivers and waters; refrain from imposing state contributions upon products already subject to national taxation before their offer for consumption; impose no duties upon goods in transit to another State; and impose no obligations upon empleados nacionales [national employees] except in their capacity as members of the State and insofar as those obligations remained compatible with national service (Art. 13, nos. 1–7; cf. 1858, Arts. 7–10, 128).

The States submitted controversies among themselves to Congreso [Congress], the Ejecutivo Nacional [National Executive], or the Alta Corte Federal [Federal High Court]; could not declare or make war upon one another; and, in the absence of a designated árbitro [arbitrator], were subject to the authority of Congress.  They maintained strict neutrality in conflicts arising in other States and could neither join nor ally themselves with another Nation nor separate in a manner impairing the nationality or territory of Venezuela (Art. 13, nos. 8–10; new; cf. 1858: no corresponding provision).

The States undertook to comply with and execute the Constitution, the leyes de la Unión [laws of the Union], and the decrees and orders issued within their jurisdiction by the National Executive and the Tribunales y Juzgados de la Unión [Tribunals and Courts of the Union]; incorporate extradición criminal [criminal extradition] as a political principle in their respective constitutions; and, at the request of an interested State, keep persons receiving asilo político [political asylum] at a distance from its frontier (Art. 13, nos. 11–13; new; cf. 1858: no corresponding provision).

The States established no Aduanas [customs houses] for the collection of duties and permitted no enganches o levas [recruitment or levies] intended to attack the liberty, independence, or public order of another State or Nation (Art. 13, nos. 14–15; new; cf. 1858: no corresponding provision).

Each State retained the free administration of its productos naturales [natural products], including the independent administration of its salinas [saltworks].  The national revenues reserved twenty thousand pesos annually for States without mines in operation, and each State supplied its proportionate contingente [contingent] for the fuerza pública nacional [national public force] in peace or war (Art. 13, nos. 16–18; new; cf. 1858: no corresponding provision).

The States neither prohibited the consumption of products from other States nor burdened them with impuestos diferenciales [differential taxes].  They left the territorios Amazonas y la Goajira [territories of Amazonas and La Goajira] under the free administration of the Gobierno de la Unión [Government of the Union] until those territories could assume the status of States, respected national urban properties, parks, and fortifications, maintained a common legislación sustantiva civil y criminal [substantive civil and criminal legislation], and established direct and secret suffrage in popular elections (Art. 13, nos. 19–23; new; cf. 1858: no corresponding provision).

Every matter not expressly assigned by the Constitution to the Administración General de la Nación [General Administration of the Nation] remained within the competence of the States (Title VII, Art. 90; cf. 1858, Art. 128, no. 11).

The Tribunales de justicia de los Estados [tribunals of justice of the States] were independent.  Causes commenced under state procedure and concerning matters within the exclusive competence of a State terminated within that State without examination by any external authority (Art. 91; new; cf. 1858: no corresponding provision).

Any act of Congress or the National Executive that violated the rights guaranteed to the States or impaired their independence was subject to a declaration of nullity by the Federal High Court upon petition by a majority of the Legislaturas de los Estados [Legislatures of the States] (Art. 92; cf. 1858, Art. 113, no. 8, concerning the nullity of provincial legislative acts contrary to the Constitution).

The Government of the Union could maintain no resident employees possessing jurisdiction or authority within the States other than the States’ own employees, except empleados de Hacienda [Treasury officers] and officers assigned to national fortifications, parques [arsenals], apostaderos [naval stations], and puertos habilitados [authorized ports], whose jurisdiction was confined to their respective functions and premises (Art. 99; new; cf. 1858: no corresponding provision).

The Gobierno Nacional [National Government] could not station forces or military commanders in a State without the permission of that State’s Government (Art. 100; new; cf. 1858: no corresponding provision).

Neither the National Executive nor the Ejecutivos de los Estados [Executives of the States] could intervene by force of arms in the domestic conflicts of a State.  They could offer their buenos oficios [good offices] toward a pacific resolution (Art. 101; new; cf. 1858: no corresponding provision).

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

The Constitution could be amended in whole or in part by the Legislatura Nacional [National Legislature] when a majority of the Legislaturas de los Estados [Legislatures of the States] requested amendment.  The amendment could encompass only the points specified in the requests submitted by the States (Title VII, Art. 122; cf. 1858, Arts. 163–164).

CIV-SUF—Sufragio [Suffrage]

The Estados [States] undertook to establish sufragio directo y secreto [direct and secret suffrage] in popular elections (Title II, Art. 13, no. 23; cf. 1858, Arts. 11, 58, 81, 124, 137).

The Nación [Nation] guaranteed libertad de sufragio [liberty of suffrage] in popular elections, subject to no restriction other than minority below eighteen years of age (Title III, Art. 14, no. 11; cf. 1858, Art. 11:  “The following are citizens and therefore possess the right to elect persons for the exercise of the public powers: 1. All Venezuelans over twenty years of age. 2. Those who, without having attained that age, are or have been married.”).

The Presidente de la Unión [President of the Union] was elected by the citizens of all the States through direct and secret voting, with each State possessing one vote determined by the relative majority of its electors (Title V, Art. 63; cont. 1858, Art. 81).

The Cámaras [chambers] assembled on the eighth day of the sessions of Congreso [Congress] to conduct the escrutinio [canvass] of the presidential returns.  The canvass could be deferred for as many as forty days to obtain missing returns and thereafter proceeded if the returns received represented at least two-thirds of the States (Art. 64; cf. 1858, Art. 83).

The candidate receiving an absolute majority of the State votes was elected.  If no candidate received that majority, Congress elected between the two candidates with the greatest number of votes, with each State expressing one congressional vote in the manner prescribed by the Constitution (Art. 65; cf. 1858, Art. 84).

No member participating in the canvass could leave the session without congressional consent (Art. 66; cont. 1858, Art. 85).

The respective States determined the manner of appointing Senadores [Senators] and Diputados [Deputies] (Title IV, Sec. I, Art. 19; cf. 1858, Arts. 49, 58).

Each State elected one Deputy for every twenty-five thousand inhabitants and another for any excess greater than twelve thousand, together with an equal number of suplentes [alternates] (Art. 20; cf. 1858, Art. 58).

Each State elected two Senadores principales [principal Senators] and two alternates (Art. 25; cont. 1858, Art. 49).

CIV-CIT—Ciudadanía [Citizenship]

The Constitution of 1864 declared venezolano [Venezuelan] every person born in the territory of Venezuela, irrespective of the nationality of the parents; children of a Venezuelan father or mother born abroad who established domicilio [domicile] in the country and expressed the will to become Venezuelan; foreigners who obtained a carta de nacionalidad [certificate of nationality]; and persons born in the Spanish-American republics or the Spanish Antilles who established residence within the Unión [Union] and expressed the will to become Venezuelan (Title I, Sec. II, Art. 6; cf. 1858, Art. 6:  “The following are Venezuelans: 1. By birth, all persons born in the territory of Venezuela; the children of a Venezuelan father or mother born in the territory of Colombia; and the children of Venezuelan parents born in any foreign country. 2. By adoption, persons born in any of the other Spanish-American republics, subject only to proving their origin and manifesting before the authority determined by law their will to become Venezuelan. 3. By naturalization, foreigners already naturalized and those who obtain a certificate of naturalization in conformity with the law.”).

Venezuelans who established domicile and acquired nationality in a foreign country did not lose their Venezuelan nationality (Art. 7; new; cf. 1858: no corresponding provision).

Venezuelan males over twenty-one years of age were elegibles [eligible] for public office, subject to the exceptions established by the Constitution (Art. 8; cf. 1858, Art. 11).

Every Venezuelan was obligated to serve the Nación [Nation] in conformity with the law and to sacrifice property and life when necessary for its defense (Art. 9; new; cf. 1858: no corresponding provision).

Venezuelans present within any Estado [State] possessed the same rights and duties as persons domiciled there (Art. 10; new; cf. 1858: no corresponding provision).

The law determined the rights attached to the condición de extranjero [condition of foreign nationality] (Art. 11; cf. 1858, Art. 29:  “Foreigners in Venezuela enjoy the same individual rights and guarantees as Venezuelans and are subject, like them, to the laws and authorities of the Republic.”).

RTS-GAR—Derechos y Garantías [Rights and Guarantees]

The Constitution of 1864 guaranteed Venezuelans the inviolabilidad de la vida [inviolability of life] and abolished pena capital [capital punishment] irrespective of any law purporting to establish it (Title III, Art. 14, no. 1; cf. 1858, Art. 151:  “All confiscation, every cruel punishment, and the death penalty for political offences are abolished.  The Criminal Code shall limit, insofar as possible, the imposition of capital punishment.”).

La propiedad [property] was guaranteed with all its rights and remained subject only to contribuciones [contributions] decreed by legislative authority, decisión judicial [judicial adjudication], and appropriation for public works after indemnización [indemnification] and a juicio contradictorio [adversarial proceeding] (Art. 14, no. 2; cf. 1858, Art. 26).

The correspondencia y demás papeles [correspondence and other papers] of every person were inviolable and secret (Art. 14, no. 3; cont. 1858, Art. 25).

The hogar doméstico [domestic home] could be entered only to prevent the perpetration of an offence and in conformity with the law (Art. 14, no. 4; cf. 1858, Art. 25).

The guarantee of libertad personal [personal liberty] abolished reclutamiento forzoso [compulsory military recruitment], permanently proscribed esclavitud [slavery], declared free every enslaved person who entered Venezuelan territory, and recognized the right of every person to do or execute anything that did not injure another (Art. 14, no. 5; cf. 1858, Arts. 13, 16–17).

The libertad del pensamiento [freedom of thought] could be exercised orally or through the prensa [press], which was subject to no restriction (Art. 14, no. 6; cf. 1858, Art. 14).

Every Venezuelan possessed the liberty to travel without a passport, change domicile subject to the formalities established by the Estados [States], leave and return to the República [Republic], and carry property out of or into the country (Art. 14, no. 7; cf. 1858, Art. 17).

The libertad de industria [freedom of industry] included ownership of discoveries and productions.  The laws granted their proprietors a privilegio temporal [temporary privilege] or established indemnification when an author consented to publication (Art. 14, no. 8; cf. 1858, Art. 16; Art. 64, no. 18).

Every person possessed the libertad de reunión y asociación [liberty to assemble and associate] without arms, publicly or privately, without any right of inspection by the authorities (Art. 14, no. 9; cf. 1858, Art. 15).

Every person possessed the libertad de petición [liberty to petition] and the derecho de obtener resolución [right to obtain a resolution].  A petition could be directed to any officer, authority, or corporation; when signed by several persons, the first five answered for the authenticity of the signatures and all signatories for the truth of the facts asserted (Art. 14, no. 10; cf. 1858, Art. 15).

The libertad de sufragio [liberty of suffrage] in popular elections was subject to no restriction other than minority below eighteen years of age (Art. 14, no. 11; cf. 1858, Art. 11).

The libertad de enseñanza [freedom of education] was protected in its entire extent.  The Poder público [Public Power] was obligated to establish educación primaria y de artes y oficios [primary education and instruction in arts and trades] without charge (Art. 14, no. 12; new; cf. 1858, Art. 64, no. 17, concerning the promotion of popular education and practical industrial instruction).

The libertad religiosa [religious liberty] was guaranteed, but only the Religión Católica, Apostólica y Romana [Catholic, Apostolic, and Roman Religion] could conduct public worship outside its temples (Art. 14, no. 13; new; cf. 1858: no corresponding provision).

The seguridad individual [individual security] prohibited imprisonment or arrest for debts not proceeding from fraud or offence; compulsory quartering of military personnel in private homes; trial by tribunales o comisiones especiales [special tribunals or commissions] rather than the jueces naturales [natural judges] and pre-existing laws; and arrest or imprisonment without información sumaria [preliminary information] establishing an offence punishable by a corporal penalty and a written order stating its cause, except in fraganti [in flagrante delicto] (Art. 14, no. 14.1–14.4; cf. 1858, Arts. 18–20, 25).

No person could be held incomunicado [incommunicado] for any reason or pretext; compelled to take an oath or submit to interrogation against himself, his spouse, or relatives within the prescribed degrees in a criminal cause; or continued in prison after the grounds for confinement had ceased (Art. 14, no. 14.5–14.7; cf. 1858, Arts. 20, 22, 24).

No person could receive a criminal sentence without first having been heard in conformity with law; be sentenced to a pena corporal [corporal penalty] exceeding ten years; or remain deprived of liberty for political reasons after the restoration of public order (Art. 14, no. 14.8–14.10; cf. 1858, Arts. 18, 21; Art. 151).

La igualdad [equality] required every person to be judged under the same laws and subjected to the same duties, services, and contributions.  Títulos de nobleza [titles of nobility], hereditary honors or distinctions, and offices whose emoluments continued beyond actual service were prohibited, and no official form of address other than “Ciudadano” [Citizen] and “Usted” [You] could be accorded to public employees or corporations (Art. 14, no. 15; cf. 1858, Art. 27; Arts. 154, 158).

The enumeration of national guarantees did not restrict the faculty of the States to accord additional guarantees to their inhabitants (Art. 15; new; cf. 1858, Art. 28).

State laws prescribed penalties for violations of the guarantees and established the procedures necessary to make them effective (Art. 16; cf. 1858, Art. 157).

Persons who issued, signed, executed, or ordered the execution of decrees, orders, or resolutions violating any constitutional guarantee were culpable and punishable as determined by law.  Every citizen was competent to accuse them (Art. 17; cf. 1858, Art. 157).

REG-MIL—La Fuerza Armada [The Armed Forces]

Every Venezuelan was obligated to serve the Nación [Nation] in conformity with the laws and to sacrifice property and life when necessary for its defense (Title I, Sec. II, Art. 9; new; cf. 1858: no corresponding provision).

The Estados [States] provided the contingents corresponding to them for the composition of the fuerza pública nacional [national public force] in peace or war (Title II, Art. 13, no. 18; cf. 1858, Art. 146).

The Legislatura Nacional [National Legislature] annually fixed the fuerza armada de mar y tierra [naval and terrestrial forces] and enacted the ordenanzas del Ejército [military ordinances] (Title IV, Sec. V, Art. 43, no. 13; cont. 1858, Art. 64, no. 8).

The Legislature established the rules for the formation and replacement of those forces (Art. 43, no. 14; cf. 1858, Art. 64, no. 9).

The national public force was divided into fuerza naval y terrestre [naval and terrestrial forces] and consisted of the milicia ciudadana [citizen militia] organized by the States under their respective laws (Title VII, Art. 93; cf. 1858, Art. 142).

The force maintained by the Unión [Union] consisted of voluntarios [volunteers] and of proportionate contingents supplied by the States through the citizens called to service under state law (Art. 94; cf. 1858, Art. 146).

In time of war, the contingents could be augmented by cuerpos de la milicia ciudadana [units of the citizen militia] until the number requested by the Gobierno Nacional [National Government] had been supplied (Art. 95; cf. 1858, Art. 146).

The National Government could replace the Jefes de la fuerza pública [commanders of the public forces] supplied by the States in the cases and through the formalities prescribed by ley militar nacional [national military law], after which replacement personnel were requested from the States (Art. 96; new; cf. 1858: no corresponding provision).

La autoridad militar y la civil [military and civil authority] could never be exercised by the same person or corporation (Art. 97; cont. 1858, Art. 145).

During national and state electoral periods, the public force was disarmed in the manner prescribed by the respective laws (Art. 111; new; cf. 1858: no corresponding provision).

The fuerza armada [armed force] could not deliberate and was passive and obedient.  No cuerpo armado [armed body] could make requisitions or demand assistance of any kind except through the autoridades civiles [civil authorities] and in the manner prescribed by law (Art. 116; cf. 1858, Art. 143:  “The armed force is essentially obedient and cannot deliberate.”).

REG-REL—Religión [Religion]

The Constitution guaranteed libertad religiosa [religious liberty] but reserved public worship outside the temples to the Religión Católica, Apostólica y Romana [Catholic, Apostolic, and Roman Religion] (Title III, Art. 14, no. 13; new; cf. 1858: no corresponding provision).

The Nación [Nation] exercised its right of Patronato eclesiástico [ecclesiastical patronage] in the manner determined by law (Title VII, Art. 98; new; cf. 1858: no corresponding provision).

REG-SLA—Esclavitud [Slavery]

The Constitution of 1864 permanently proscribed esclavitud [slavery] and declared free every enslaved person who entered the territory of Venezuela (Title III, Art. 14, no. 5.2–5.3; cont. 1858, Art. 13).

ECO-INF—Infraestructura [Infrastructure]

The Estados [States] undertook not to restrict by taxation or otherwise the navigation of rivers and other naturally navigable waters (Title II, Art. 13, no. 4; cf. 1858, Art. 64, no. 16).

The Legislatura Nacional [National Legislature] determined matters concerning the authorization and security of puertos y costas marítimas [ports and maritime coasts] (Title IV, Sec. V, Art. 43, no. 4; cf. 1858, Art. 64, no. 16).

The Legislature created and organized oficinas de correos nacionales [national postal offices] and established charges for the carriage of correspondence (Art. 43, no. 5; cont. 1858, Art. 64, no. 5).

The Legislature approved or rejected contratos sobre obras públicas nacionales [contracts for national public works] concluded by the Presidente de la Unión [President of the Union], without which approval the contracts could not be executed (Art. 43, no. 17; cf. 1858, Art. 64, no. 16:  “To promote through laws or contracts the navigation and canalization of rivers, the opening of roads, and other works, provided that they are of national utility.”).

The Legislature promoted the prosperity of the country and its advancement in the general knowledge of the sciences and arts (Art. 43, no. 19; cf. 1858, Art. 64, no. 17).

The Nación [Nation] and the States promoted inmigración y colonización de extranjeros [immigration and foreign colonization] in conformity with their respective laws (Title VII, Art. 117; new; cf. 1858: no corresponding provision).

CON-FIN—Disposiciones Finales [Final Provisions]

Every autoridad usurpada [usurped authority] was ineffective and its acts were null.  Every decision obtained through the direct or indirect coercion of the fuerza armada [armed force] or a reunión de pueblo en actitud subversiva [assembly acting in a subversive posture] was null by operation of law (Title VII, Art. 104; cf. 1858, Arts. 155–157).

Every corporación o autoridad [corporation or public authority] was prohibited from exercising any function not conferred by the Constitution or the laws (Art. 105; cont. 1858, Art. 155).

Any citizen could accuse empleados nacionales [national employees] before the Cámara de Diputados [Chamber of Deputies], their respective superiors, or the authorities designated by law (Art. 106; cf. 1858, Arts. 147–149, 157).

Los empleados de libre nombramiento del Presidente de la Unión [employees freely appointed by the President of the Union] vacated their offices at the end of each presidential period but continued to act until replaced (Art. 107; new; cf. 1858: no corresponding provision).

International tratados de comercio y amistad [treaties of commerce and friendship] were to include a clause requiring every dispute between the contracting parties to be decided without recourse to war through arbitramento [arbitration] by one or more friendly powers (Art. 112; new; cf. 1858: no corresponding provision).

No person could exercise more than one destino de nombramiento del Congreso o del Ejecutivo Nacional .  Acceptance of another such office constituted resignation from the first, and empleados amovibles [removable employees] dependent upon the National Executive vacated their offices upon accepting service as a Senador [Senator] or Diputado [Deputy] (Art. 113; cf. 1858, Arts. 41–42).

Los empleados nacionales [national employees] could not accept gifts, offices, honors, or rewards from foreign nations without the permission of the Legislatura Nacional [National Legislature] (Art. 115; new; cf. 1858: no corresponding provision).

The law prescribed the manner in which national employees, upon taking possession of their offices, swore or affirmed that they would discharge their duties (Art. 118; cf. 1858, Arts. 160–162).

The Ejecutivo Nacional [National Executive] was to negotiate with the Gobiernos de América [Governments of America] concerning pactos de Alianza o de Confederación [compacts of alliance or confederation] (Art. 119; new; cf. 1858: no corresponding provision).

The Derecho de Gentes [Law of Nations] formed part of the Legislación Nacional [national legislation] and applied especially in cases of guerra civil [civil war].  Civil war could consequently be terminated by treaties among the beligerantes [belligerents], who were required to respect the humanitarian practices of Christian and civilized nations (Art. 120; new; cf. 1858: no corresponding provision).

The statutes and governmental dispositions of the States remained in force until the newly elected Legislaturas [Legislatures] brought them into conformity with the Constitution, which was required within four months (Art. 121; cf. 1858, Art. 165).

The Constitution entered into force upon its official publication in each State.  From that date, actos públicos y documentos oficiales [public acts and official documents] cited the year of the Federación [Federation], calculated from February 20, 1859, together with the year of the Constitution (Art. 123; cf. 1858, Art. 165:  “The present Constitution shall be promulgated with the solemnity and formalities established by the Decree of September 24, 1830; and shall immediately be put into execution, all laws and decrees remaining in force insofar as they do not oppose it.”).

The Constitution was decreed and signed in the hall of the Asamblea Constituyente [Constituent Assembly] at Caracas on March 28, 1864; ordered published and circulated by Juan Crisóstomo Falcón at Santa Ana de Coro on April 13, 1864; and countersigned by the Ministros de Estado [Ministers of State] at Caracas on April 22, 1864.


“Unmasking Disappointment: Series XI”

June 15, 2026

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

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

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

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

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

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

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

Translation Convention

Institutional and technical names are given first in italicized Latinate Castilian and followed by their contemporary Latinate English equivalents in brackets.  All constitutional quotations appear in italic type between quotation marks and are rendered in contemporary Latinate English, faithfully preserving the substance and distinctions of the original charters.  Comparative references are restricted to 1830 against 1821 and 1857 against 1830.  The apparatus retains the classifications cont., cf., and new.

Ricardo F. Morín

June 7, 2026

Bala Cynwyd, Pennsylvania

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A-1). VENEZUELAN CONSTITUTIONS 1811-1999

19th-Century Constitutions:

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1). The 1811 Constitution

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

DOC-PRE—Preamble

(translated by the author in a contemporary register)

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

“IN THE NAME OF ALMIGHTY GOD

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

FND-TER—Territory

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

POW-LEG—Congress (Legislative)

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

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

ECO-TES—Treasury:

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

POW-EXE—Executive:

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

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

POW-JUD—Judiciary:

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

  • CON-AMD—Amending the Constitution:

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

CIV-SUF—Suffrage:

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

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

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

CIV-CIT—Citizenship:

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

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

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

RTS-GAR—Rights:

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

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

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

REG-MIL—The Military:

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

REG-REL—Religion:

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

REG-SLA—Slavery:

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

CON-FIN—Final Provisions:

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

DOC-CLO—Closing Statement

(translated by the author in a contemporary register)

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

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

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

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

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

*

Note:


* *

2). The 1821 Constitution

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

DOC-PRE—Preamble

(translated by the author in a contemporary register)

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

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

“CONSTITUTION”

FND-TER—Territory:

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

POW-LEG—Congress (Legislative)

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

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

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

ECO-TES—Treasury

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

POW-EXE—Executive

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

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

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

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

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

POW-JUD—Judicial

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

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

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

CON-AMD—Amending the Constitution

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

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

CIV-SUF—Suffrage

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

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

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

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

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

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

CIV-CIT—Citizenship

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

RTS-GAR—Rights

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

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

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

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

REG-MIL—The Military

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

REG-REL—Religion

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

REG-SLA—Slavery

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

ECO-INF—Infrastructure

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

CON-FIN—Final Provisions

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

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