Posts Tagged ‘Venezuelan Constitutions’

“Unmasking Disappointment: Series XXI”

October 19, 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 11, 2026

In transit.


21) The Constitution of 1945

The 1945 Constitución de los Estados Unidos de Venezuela [Constitution of the United States of Venezuela] was sanctioned by the Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela] in Caracas on 23 April 1945 as a reform of the Constitution of 16 July 1936.  President Isaías Medina Angarita promulgated the reformed text on 5 May 1945, the date of its publication in the Gaceta Oficial de los Estados Unidos de Venezuela [Official Gazette of the United States of Venezuela].  (CIDEP 1947, Art. 253; Fundación Empresas Polar, “Constituciones de Venezuela”; Biblioteca Virtual Miguel de Cervantes, bibliographical record for the Constitution of 1945).

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, decrees this Constitution.”

(CIDEP 1945, p. 4, preamble).

FND-TER—Territory

The Venezuelan Nation is the union of Venezuelans in a political pact named Estados Unidos de Venezuela [United States of Venezuela].  It 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, and may not be alienated to a foreign power, even temporarily.  (Arts. 1–2; cont., 1936, Arts. 1–2).

The territory comprises States, the Distrito Federal [Federal District], Territorios Federales [Federal Territories], and Dependencias Federales [Federal Dependencies].  The twenty States are Anzoátegui, Apure, Aragua, Barinas, Bolívar, Carabobo, Cojedes, Falcón, Guárico, Lara, Mérida, Miranda, Monagas, Nueva Esparta, Portuguesa, Sucre, Táchira, Trujillo, Yaracuy, and Zulia.  Art. 4 prints “Barinas”.  Boundaries derive from the Law of 28 April 1856, federal territorial changes, the Constitution of 5 August 1909, and subsequent agreements; neighbouring States may alter their common frontier by legislative agreement.  (Arts. 3–5; cf. 1936, Art. 4:  “Zamora”).

A special law organizes the Distrito Federal [Federal District], protects federal political action, and preserves municipal economic and administrative autonomy.  The departments are printed as “Libertador y Vargas”; the former includes Caracas, El Recreo, El Valle, La Vega, Antímano, and “Macarao”, and the latter La Guaira, Maiquetia, Macuto, Caraballeda, Carayaca, Naiguatá, and Caruao.  (Art. 6; cf. 1936, Art. 6:  “the Departments Libertad and Vargas […] El Recreo, El Valle, La Vega, Antímano and Maracao”).

Caracas is the capital and federal seat, subject to Art. 104(23)(b), (24).  Amazonas and Delta Amacuro remain federal territories under special laws.  Changes in their boundaries, or those of the Federal District, with neighbouring States require executive agreements approved by Congress and the respective legislatures.  (Arts. 7–8; cont., 1936, Arts. 7–8; corresponding powers in Art. 100(23)(b), (24)).

Territorial statehood requires the population base for one deputy and demonstrated capacity to finance public services.  The Venezuelan Antillean islands, except Margarita and Coche in Nueva Esparta, are federal dependencies directly administered by the executive and may become territories.  The Corte Federal y de Casación [Federal and Cassation Court] decides boundary controversies.  (Arts. 9–11; cont., 1936, Arts. 9–11).

POW-LEG—Congress

The Congreso de los Estados Unidos de Venezuela [Congress of the United States of Venezuela] comprises a Senate and Chamber of Deputies.  Members serve four years, half being renewed every two years.  Where the number of deputies is odd, renewal must allow each deputy to complete his term.  (Art. 55; cf. 1936, Art. 54:  “When the number of Deputies is odd, the majority shall be renewed.”).

Deputies are elected directly under federal electoral legislation in each State and the Federal District, one per 35,000 inhabitants and another for an excess of at least 15,000, with at least one per State.  An equal number of alternates fills vacancies in election order.  Territories reaching the population base also elect deputies.  Indigenous people described as “indígenas no reducidos” are excluded from that base.  (Arts. 56, 58; cf. 1936, Art. 55:  “the Municipalidades [Municipalities] of each State, assembled in an Assembly, shall elect one Deputy for every thirty-five thousand inhabitants”).

A deputy must be Venezuelan by birth, have completed twenty-five years, and be native to the represented State or Federal District or have resided there for at least four years.  Children of Venezuelans born abroad are considered native to the place where their birth is registered under Venezuelan civil legislation.  (Art. 57; cf. 1936, Art. 56(3):  “at least the three years immediately preceding the election”).

The Chamber of Deputies may censure ministers, without obliging the President to remove them before the Court finds legal grounds for trial.  Each state legislature elects two principal senators and two alternates from outside its membership.  The Senate authorizes Pantheon honours twenty-five years after death, national officials’ acceptance of foreign gifts, offices, honours, or rewards, and promotions from colonel or naval captain; statute may assign further powers.  (Arts. 59–60, 62; cont., 1936, Arts. 58–59, 61).

A senator must be Venezuelan by birth, over thirty, and native to the represented State or resident there for at least four years.  The rule assigning a Venezuelan child born abroad to the place of registration also applies.  (Art. 61; cf. 1936, Art. 60(2):  “at least the three years immediately preceding the election”).

The Chambers meet annually in the capital on 19 April or the nearest possible day, for ninety days without extension.  Extraordinary sessions concern the subjects of the convocation and connected legislation.  Opening requires two-thirds; subsequent sittings require an absolute majority.  Sessions are public unless otherwise resolved.  Each Chamber regulates proceedings, order, membership, and resignations; both sit in one place and open and close together.  (Arts. 63–67; cont., 1936, Arts. 62–66).

Public employment is incompatible with membership during sessions.  Statute fixes remuneration, with increases deferred to the next term.  Immunity runs from thirty days before 19 April to thirty days after sessions and extends to extraordinary sessions; the Chambers may not waive it.  Members are not responsible for opinions expressed in the Chambers and may not contract with the executive or pursue another’s claims before it.  State legislatures replenish senatorial alternates; state constitutions and the Federal District organic law govern deputy vacancies.  (Arts. 68–73; cont., 1936, Arts. 67–72, for the summarized rules).

In the provision excluding the immunity period from procedural time limits, the recension prints “respective proceso”.  (Art. 70(2); cf. 1936, Art. 69(2):  “the respective proceeding”).

The Chambers meet jointly when constitutionally or legally required or upon an accepted invitation.  Co-legislative acts are laws; joint or exclusive acts are agreements.  The Senate president presides over Congress and the Chamber president serves as its vice-president.  Congress elects designated officials, considers presidential resignation and the annual message, approves or rejects ministerial accounts and additional credits, and admits qualifying territories as States.  (Arts. 74–77; cont., 1936, Arts. 73–76).

The Chambers legislate on national taxation, debt, offices, currency, treaties, contracts, weights and measures, budgets, the census, territorial administration, representation, solidarity institutions, pensions, war and peace, armed forces, aviation, amnesty, communications, resources, and other federal matters.  Investigative commissions may demand information and documents from national, state, municipal, and judicial authorities.  (Arts. 78(1–22), 79; cont., 1936, Arts. 77(1–22), 78, for the enumerated competences).

Congress may authorize the President temporarily to exercise determinate and precise extraordinary powers to protect national economic and financial life when public necessity or convenience requires.  (Art. 78(23); new; 1936, Art. 77, which contains no corresponding extraordinary-powers ordinal).

Three members of either Chamber may initiate a bill; the executive also has initiative.  Art. 80 prints “Ministerio a cuyo Despacho”.  An admitted bill receives three readings in each Chamber at intervals of at least one day.  Disagreements pass to joint Congress for majority decision; rejected projects wait until a subsequent year, while pending projects may continue in immediately following extraordinary sessions called for that purpose.  The legislative formula names Congress; only laws repeal laws, and partial amendments require publication of the complete amended law.  (Arts. 80–86; cf. 1936, Art. 79:  “the Minister to whose Department the subject of the bill belongs”).

The enacted text is made in two unaltered copies, signed by the congressional president, vice-president, and secretaries.  The president of the originating Chamber sends one to the President of the Republic, who must promulgate it within ten working days of receipt.  Promulgation consists of publication with the Ejecútese [Let it be executed] in the official gazette.  (Art. 87; cf. 1936, Art. 86:  “one of those copies shall be sent to the President of the Republic so that he may countersign it together with the respective Minister or Ministers and cause it to be published”).

Within the promulgation period the President may return objections.  Partial objections receive two readings in each Chamber; an objection to the whole receives one.  Agreement to rejection archives the bill; insistence or acceptance of amendments requires promulgation within five days.  Inter-chamber disagreement is resolved jointly by two-thirds of those present, failing which the bill is archived.  After sessions close, an unexecuted law and objections must be published within the ten-day period and presented within the first three days of the next ordinary meeting.  (Arts. 89–90; new; 1936, Arts. 86–88, which contain no corresponding presidential-objection procedure).

If the Chambers insist upon a measure objected to as unconstitutional, the President may refer it through the lawful organ to the Corte Federal y de Casación [Federal and Cassation Court].  The Court decides within ten days; a finding that it is not unconstitutional requires promulgation within five days after judgment.  (Art. 91; new; 1936, Arts. 86–88, which contain no corresponding referral before promulgation).

A discrepancy between original and printed law requires corrected republication.  A law takes effect on its stated date or upon gazette publication.  Legislative authority is not delegable.  (Arts. 88, 92–93; cont., 1936, Arts. 87–89).

Legislation is non-retroactive except when imposing a lesser penalty.  Procedural laws apply immediately to pending cases, but already received criminal evidence is assessed under the former law insofar as favourable to the accused.  This article ends without the reservation concerning Art. 32 printed in its antecedent.  (Art. 94; cf. 1936, Art. 90:  “The provisions of Article 32 of this Constitution are reserved.”).

ECO-HAC—Treasury

Federal fiscal competence embraces currency, customs, the specified national taxes, and the proceeds of saltworks, pearls, mines, and vacant lands.  Taxation requires law; expenditure requires a budget appropriation or a prior additional credit, with personal civil liability for unauthorized payment.  Congress authorizes loans and alienation of national private immovables, preserves the gold standard and statutory metallic backing, and appropriates pension funds in aggregate.  (Arts. 15(11), (13), (17–18), 48, 78(1–2), (4), (7), (9), (14); cont., 1936, Arts. 15(11), (13), (17–18), 47, 77(1–2), (4), (7), (9), (14)).

The Situado Constitucional [constitutional revenue allocation] equals twenty per cent of the preceding calendar year’s revenue and is distributed among States, the Federal District, and Territories according to population.  States also receive stamped-paper tax and permitted legislative levies, subject to national and municipal reservations and the listed restrictions on transit, consumption, personal-service, and livestock taxation.  (Art. 17(3); cont., 1936, Art. 17(4), for the revenue and distribution rules).

States and municipalities may not borrow abroad; Art. 24 now refers their contracts to “Artículo 50”.  Public-interest contracts may not pass to foreign governments or be made with or transferred to companies not legally domiciled in Venezuela.  A clause submitting unresolved controversies to Venezuelan courts and excluding foreign claims is incorporated even when unstated.  (Arts. 24, 50; cf. 1936, Art. 24:  “Article 4 of this Constitution”).

The executive negotiates congressionally decreed loans, administers revenue through the responsible minister, and may decree additional credits in Council when funds remain after ordinary expenditure is secured.  Their investment must be specified.  Art. 104(29) provides for the extraordinary economic and financial powers conferred by Congress.  The Minister of Finance presents the budget within thirty days of installation.  (Arts. 104(12), (19), (28–29), 113; cf. 1936, Art. 100(28):  “provided that the Tesoro Nacional [National Treasury] has funds with which to cover the Additional Credit, without prejudice to ordinary disbursements”).

POW-EXE—Executive

Sovereignty resides in the people and is exercised through public powers.  Art. 41 prints “peticiones así”; Art. 42 prints “facultadas” in the definition of the limits of public authority.  Usurped authority and decisions compelled by subversive force are null; officials incur individual responsibility for excess of power and offences.  Public power is distributed among federal, state, and municipal orders, with the federal order divided into legislative, executive, and judicial branches.  (Arts. 41–44, 51; cf. 1936, Arts. 40–41:  “and petitions thus […] the definition of powers and faculties”).

A second remunerated public appointment entails resignation from the first, subject to the specified alternate, academic, hospital, occasional judicial, teaching, and charitable exceptions.  Foreign gifts, offices, honours, and rewards require Senate consent.  Statute regulates the oath on entering national office.  (Arts. 46, 49, 53; cont., 1936, Arts. 45, 48, 52).

Residual federal administration belongs to the President acting with ministers.  The executive ordinarily functions in the Federal District and acts through statutory federal agents, with state assistance.  Presidential qualifications are Venezuelan birth, thirty completed years, lay status, and civil and political rights.  Art. 54 retains the commencement formula “a contar del 19 de abril de 1936” for the five-year constitutional period.  (Arts. 54, 95–98; cont., 1936, Arts. 53, 91–94, for these rules and the printed commencement date).

The President serves five years and may not be elected for the immediately following term; the same exclusion applies to one who served throughout the preceding term’s last year and relatives within the fourth degree of consanguinity or second of affinity.  Joint Congress elects within the first fifteen days of the term at a session announced at least five days beforehand in the gazette.  (Arts. 99–100; cont., 1936, Arts. 95–96).

The President swears before Congress or, if necessary, the Court.  The outgoing President remains as Encargado del Poder Ejecutivo Federal [Person in Charge of the Federal Executive Power] until the successor takes office.  Failure to swear within a month after Congress closes constitutes a permanent vacancy.  A designated minister fills temporary absence; Congress elects for the unexpired term on permanent vacancy, with ministerial interim succession.  Absence within national territory is not itself a temporary vacancy.  (Arts. 101–103, 107; cont., 1936, Arts. 97–99, 103).

The President promulgates and exercises the objection powers of Arts. 89–91.  When entrusting the presidency temporarily to a minister, he retains command and direction of war; the minister exercises the listed additional powers in agreement with him.  The printed wording is “de acuerdo con él las Atribuciones”.  (Art. 104(8–9); cf. 1936, Art. 100(9):  “shall exercise in accordance with the powers 1, 6, 7, 17, 18, 23, 25 and 26 of this same Article”).

Presidential powers include ministerial appointment and removal, armed command, foreign representation, federal-entity administration, enforcement and regulation of laws, the census, public-service organization in legislative recess, prosecution requests, appointments, extraordinary congressional convocation, war pursuant to congressional decree, treaty and contract negotiation, exclusion or expulsion of foreigners under the stated rules, emergency measures, official visits, intervention in interstate armed conflict, delegated state powers, pardons, navigation patents, nationality instruments, and land and mining titles.  (Art. 104(1–7), (10–11), (13–18), (20–27), (30–32); cont., 1936, Art. 100(1–7), (10–27), (31–33), for the summarized powers, subject to the separate provisions on legislation and finance).

The President reports annually within ten days of ordinary sessions, and on 19 April in the final year, subject to delayed installation.  Ministers are the prescribed legal organs, countersign decrees other than their own appointments, and bear personal and joint responsibility; presidential orders do not excuse them.  They must be Venezuelan by birth, over thirty, lay, and in possession of rights.  They render annual reasoned reports and accounts, may speak in the Chambers, and must attend when called.  (Arts. 105–106, 108–115; cont., 1936, Arts. 101–102, 104–111).

The presidential enumeration contains no counterparts to the antecedent’s separate ordinals on the Art. 32(2) confiscation measures and the Art. 32(6) measures concerning persons adhering to the named doctrines.  (Art. 104; cf. 1936, Art. 100(29–30):  “Decree in Consejo de Ministros [Council of Ministers] the measures necessary for attainment of the object referred to in the last paragraph of subsection 2 of Article 32, according to the authorization given by Congreso [Congress] […] exercise the power conferred upon him by the last paragraph of subsection 6 of Article 32 of this Constitution”).

POW-JUD—Judiciary

Federal competence comprises the administration of justice and the Ministerio Público [Public Ministry] throughout national territory.  Statute organizes courts so as to guarantee independence from other powers and establishes a judicial career.  Judicial authority resides in the Corte Federal y de Casación [Federal and Cassation Court] and statutory courts.  Judges are appointed for the constitutional term and removable only in legal cases; judicial officials remain responsible under law.  (Arts. 15(7), 122–125; cf. 1936, Arts. 15(7), 119:  “The law may attribute the functions of Tribunales Federales [Federal Tribunals] to the Tribunales de los Estados [Tribunals of the States] in the cases it indicates […] all federal Judges shall be appointed for the constitutional period”).

The Court comprises ten Venezuelan-born lawyers over thirty, serving five years with holdover until successors enter.  Statute determines chamber composition.  Congress elects members separately by absolute majority within fifteen days of meeting, together with ten numbered alternates; the Court fills temporary or case-specific absences.  New alternates take the last places, while statute governs an alternate’s refusal to serve.  (Arts. 126–127; cf. 1936, Arts. 121–122:  “seven Members […] seven Alternate Members”).

The Court hears charges against the enumerated high officials and diplomatic causes, cassation, prize cases, public-authority controversies, and jurisdictional disputes between courts unless another authority is assigned.  It grants recognition of foreign judgments, hears damages and monetary claims against the Nation, and determines federal boundaries and other statutory federal matters.  (Art. 128(1–8), (13–16); cf. 1936, Art. 123(8):  “jurisdictional conflicts arising between judicial employees or officials of different States”).

The Court annuls unconstitutional laws and public acts, resolves conflicts of laws, and hears the specified national contract and concession controversies.  A thirteen-month limit applies to administrative nullity for illegality or abuse where constitutional principles, guarantees, or rights are not violated; illegality remains available as a defence.  Art. 128(11) prints “Parágrafo 3, Número 4 del Artículo 17”; Art. 128(12) prints “por al Ejecutivo Federal”.  (Art. 128(9–12); cf. 1936, Art. 123(11–12):  “paragraph 4, number 4 of Article 17 […] by the Ejecutivo Federal [Federal Executive]”).

For charges against the officials covered by Art. 128(1–2), the Court decides whether proceedings lie.  An affirmative decision suspends the official; common offences pass to the ordinary court, while political offences remain before the Court through final judgment.  The Court presents an annual report to Congress and indicates proposed legislative reforms.  (Arts. 129–130; cont., 1936, Arts. 124–125).

The Ministerio Público [Public Ministry] acts as the executive’s organ before the judiciary.  It is entrusted to the Procurador General de la Nación [Procurator General of the Nation] and statutory agents and auxiliaries; Art. 117 prints “respectivo Ley Orgánica”.  The Procurator must be Venezuelan by birth, over thirty, lay, a lawyer, and in possession of civil and political rights.  Congress elects him for the constitutional term within thirty days, with five numbered alternates called by the executive.  (Arts. 116–118; cf. 1936, Arts. 112–115:  “before the Poder Judicial [Judicial Power] and before that of the States […] one or more lawyers of his free choice”).

The Ministerio Público [Public Ministry] supervises correct application of law in criminal proceedings and matters involving the national fisc, public order, or morals, and generally the administration of justice.  The Procurator furnishes legal opinions, prosecutes federal officials, represents national rights in litigation under executive instructions, and performs statutory duties.  Art. 120(3) calls his function before the Court “Ministerio Público”.  Liability follows the ministerial rule.  (Arts. 119–121; cf. 1936, Art. 116(4):  “exercise, before the Corte Federal y de Casación [Federal and Cassation Court], the Ministerio fiscal [fiscal ministry]”).

POW-SUB—Subnational Government

States recognize reciprocal autonomy and political equality, retain undelegated sovereignty, and must preserve national unity and independence.  Their government is republican, federal, democratic, elective, representative, responsible, and alternating; municipal districts possess economic and administrative autonomy.  States execute federal law, enact constitutions, choose their powers, and may delegate specified powers to the President.  State laws may prescribe qualifications and terms for legislative and municipal members, but their elections and those of national legislators follow federal electoral law.  (Arts. 12–14, 16–17; cf. 1936, Art. 17(1):  “Deputies to the Congreso Nacional [National Congress] shall be elected as prescribed in Article 55 of this Constitution.”).

The state-competence article comprises constitutional organization, election of public powers, revenue, and residual autonomy.  It contains no separate grant of state judicial administration.  (Art. 17; cf. 1936, Art. 17(3):  “Administer Justice in accordance with the law through their Tribunals, within their respective territories”).

Municipalities organize local police, supplies, cemeteries, ornamentation, civil architecture, lighting, aqueducts, urban tramways, and other local services.  Literacy and sanitation functions are subject to federal legislation and inspection.  They administer ejidos [municipal common lands] and their own lands, alienable only for construction, and organize revenue.  Art. 18(3) prints “Parágrafo 30, Número 3 del Artículo 17”.  Agricultural, livestock, and edible-fish products are subject only to the specified retail-commerce charges.  (Art. 18; cf. 1936, Art. 18(3):  “paragraph 4, number 3 of Article 17”).

States and municipalities give full faith to federal public and judicial acts and to other state and municipal public acts.  National officials and forces may operate within States, with jurisdiction confined to their duties and no distinct privilege.  Art. 20 prints “respective Estado”.  (Arts. 19–20; cf. 1936, Art. 20:  “the respective State”).

The federal government may establish facilities needed for administration in state territory.  States prohibit hostile foreign levies and internal disturbances, may not wage war against one another, and must support federal restoration of peace.  Foreign borrowing is barred to States and municipalities.  Two or more States may unite while retaining the right to recover autonomy, with notice to the federal executive, Congress, and other States.  (Arts. 21–25; cont., 1936, Arts. 21–25, for these rules; Art. 24’s changed contract reference is recorded under ECO-HAC).

CON-AMD—Amending the Constitution

Total or partial reform proceeds in ordinary congressional sessions upon the request of three-quarters of state legislatures meeting ordinarily, on points receiving the prescribed concurrence.  Amendments follow the legislative procedure and are sent to state legislatures for ratification.  Either congressional Chamber may initiate reform, requiring ratification by two-thirds of state legislatures in ordinary sessions.  Congress counts the final votes; the amended Constitution takes effect upon gazette publication.  (Arts. 131–136; cont., 1936, Arts. 126–131, for the procedure and thresholds).

The commencement formula reads “entrará en vigencia al mismo día de su publicación”.  (Art. 136; cf. 1936, Art. 131:  “shall enter into force on the same day as its publication”).

CIV-SUF—Suffrage

Venezuelan men over twenty-one who can read and write, and are not interdicted or criminally disqualified from political rights, may elect and be elected within constitutional and statutory qualifications.  Venezuelan women meeting the same conditions receive active and passive suffrage for the formation of municipal councils.  (Art. 32(14); cf. 1936, Art. 32(14):  “Venezuelan males, over twenty-one years of age, who can read and write”).

Venezuelans without distinction of sex are eligible for appointive public office, provided they are not interdicted or politically disqualified by criminal sentence and satisfy statutory conditions.  (Art. 33; new; 1936, Art. 32(14), which contains no corresponding general rule for appointive office without distinction of sex).

Federal law governs the specified state, municipal, and congressional elections.  Deputies are directly elected; state legislatures elect senators.  The age, birth, residence, and population conditions are set out under POW-LEG.  (Arts. 17(1), 56–58, 60–61; cf. 1936, Art. 55:  “the Municipalidades [Municipalities] of each State, assembled in an Assembly, shall elect”).

CIV-CIT—Citizenship

Venezuelan nationality is held by birth or acquired through naturalization.  All persons born in the Republic and children of Venezuelan parents wherever born are Venezuelans by birth.  (Arts. 27–28; cont., 1936, Arts. 27–28).

Naturalization comprises qualifying adult children born abroad to naturalized parents, natives of Spain or the Ibero-American republics who establish residence and express the requisite will, holders of naturalization certificates, and foreign wives of Venezuelans during marriage and upon accepted declaration within the year following dissolution.  Declarations go through registration or diplomatic and consular channels; nationality is not acquired until the prescribed gazette publication.  (Arts. 29–30; cont., 1936, Arts. 29–30).

RTS-GAR—Rights

Venezuelans must defend the country and obey constitutional law and lawful public acts; service against Venezuela constitutes treason.  Statute determines foreigners’ duties and rights, which may not exceed Venezuelans’.  Foreign participation in political activities entails the stated liabilities and possible detention, confinement, or expulsion.  Public indemnity is limited to acts of legitimate authorities acting officially.  (Arts. 31, 38–40; cont., 1936, Arts. 31, 37–39).

Life is inviolable and the death penalty prohibited.  Correspondence and private papers receive judicial safeguards, with business inspection under law.  The home is protected subject to criminal, judicial, and sanitary exceptions.  Forced military recruitment is abolished, slavery is prohibited, enslaved persons entering the country become free, and lawful liberty is guaranteed.  (Art. 32(1), (3–5); cont., 1936, Art. 32(1), (3–5)).

Property is inviolable but subject to statutory taxes, restrictions, and obligations for public or social interest, including limitations on acquisition, transfer, use, and enjoyment.  Expropriation of property or a right requires public or social utility, prior indemnity, and adversarial proceedings.  Confiscation is confined to foreigners in international conflict with their country; the article contains no corresponding confiscation of officials’ estates.  (Art. 32(2); cf. 1936, Art. 32(2):  “as a measure of general interest to restore to the Tesoro Nacional [National Treasury] the sums extracted by public officials”).

Freedom of expression remains subject to penalties for insult, calumny, defamation, outrage, or incitement to crime.  Anonymity, war propaganda, and propaganda directed to subverting political or social order are prohibited.  The paragraph contains no express prohibition of the communist or anarchist doctrines named in the antecedent.  (Art. 32(6); cf. 1936, Art. 32(6):  “Communist and anarchist doctrines are considered contrary to the independence, political form and social peace of the Nation.”).

Freedom of movement and transfer of goods is subject to legal formalities and public-order or national-interest limits.  Work and industry are free; monopolies are barred subject to the specified temporary intellectual-property and infrastructure privileges.  Labour protection includes weekly rest, annual paid leave, technical instruction, profit participation, savings, rural measures, and European immigration.  The federal power may reserve industries for public services or national defence and credit; Art. 32(9) also permits extraordinary measures regulating production, circulation, and consumption.  Professions requiring a title remain subject to law.  (Art. 32(7–10); cf. 1936, Art. 32(9):  “reserve to itself the exercise of specified industries in order to ensure public services and the defence and credit of the Nation”).

The Constitution guarantees unarmed assembly, lawful association, petition with timely answer, and accusation of officials.  Freedom of teaching is accompanied by compulsory moral and civic education and a school in each locality with at least thirty school-age pupils.  Equality includes common laws and duties, no hereditary honours or offices outlasting service, and the official forms citizen and you, except diplomatic usage.  (Art. 32(11–13), (15), (18); cont., 1936, Art. 32(11–13), (15), (18)).

Security guarantees cover civil debt, natural judges and pre-existing law, reasoned arrest following preliminary information except flagrancy, a thirty-day investigative limit, no incommunicado detention or compelled self-incrimination, release when grounds fail or bail is lawful, notice and hearing, a twenty-year maximum, no infamous or perpetual penalties, no second prosecution for the same acts, and release of political detainees upon restoration of order except those serving imposed sentences.  The natural-judge clause contains no reservation of guarantee 2.  (Art. 32(17); cf. 1936, Art. 32(17)(b):  “except as established in guarantee 2 of this Article”).

Unenumerated rights remain reserved to Venezuelans; the enumeration now refers to the two preceding articles.  Legislation and regulations impairing guaranteed rights are null, as declared by the Court.  Officials issuing or executing violations are punishable, subject to the emergency exception in the following article.  (Arts. 34–36; cf. 1936, Art. 33:  “any other rights which may belong to citizens and are not included therein”).

The President in Council may restrict or suspend guarantees for war, its danger, epidemic, calamity, or the stated requirements of national defence, peace, security, institutions, or government.  Life, the prohibition of slavery, and freedom from infamous penalties are excepted.  The decree specifies grounds, guarantees, and territory, and ends with its causes.  Public powers retain their functions and prerogatives.  Arrest, confinement, or expulsion of persons opposing peace is permitted, with cessation of measures except foreign expulsion the executive elects to maintain.  (Art. 37; cont., 1936, Art. 36).

REG-MIL—The Military

Army, navy, and military aviation are federal matters.  State and municipal forces are confined to police and prison guards unless federally ordered.  Population supplies the military contingent under compulsory-service law; armaments belong to the Nation.  Civil and military authority cannot coincide except in the President, commander-in-chief.  Armed force is obedient and non-deliberative, requisitions pass through civil authorities, and troops remain quartered on election days except for public-order commissions.  (Arts. 15(8), 32(5)(a), 45, 47; cont., 1936, Arts. 15(8), 32(5)(a), 44, 46, for these rules).

The sentence concerning citizen militias and volunteers prints “También podrían formar parte del Ejército Nacional”.  (Art. 15(8); cf. 1936, Art. 15(8):  “Citizen militias and those enlisted as volunteers may also form part of the Ejército Nacional [National Army]”).

The Senate consents to specified promotions; Congress decrees war, addresses peace, and legislates for forces, civil aviation, ports, and coasts.  The President commands, directs war, declares congressionally decreed war, and may exercise the enumerated wartime powers, including letters of marque and reprisals, while interposing in armed conflicts between States.  (Arts. 62(3), 78(15–18), (20), 104(2–3), (18), (23), (25); cont., 1936, Arts. 61(3), 77(15–18), (20), 100(2–3), (18), (23), (25)).

REG-REL—Religion

Religious freedom is subject to executive inspection of worship and the Republic’s Patronato Eclesiástico [Ecclesiastical Patronage], exercised according to the Law of 28 July 1824.  The President, ministers, and Procurator must be of lay status.  (Arts. 32(16), 52, 98, 110, 117; cont., 1936, Arts. 32(16), 51, 94, 106, 113).

ECO-INF—Infrastructure

Federal matters include national civil, commercial, criminal, and procedural legislation, guarantees, elections, banking, registration, naturalization, expropriation, intellectual property, immigration and colonization, agrarian law, human, animal, and plant sanitation, agriculture, resources, labour, and social provision.  The list also covers weights, enforcement, education, statistics, transport, ports, communications, national roads and railways, resources, and national public works.  Art. 15(4) expressly includes social expropriation, agrarian legislation, and plant sanitation.  (Art. 15(4–6), (9–10), (12), (14–16), (18–20); cf. 1936, Art. 15(4):  “expropriation for public utility […] human and veterinary sanitation”).

Elementary primary instruction is compulsory and official instruction free.  The approved census governs population-based acts.  Navigation without special works may not be burdened by taxes or privileges.  Urban tramways and traction cables remain municipal.  Saltworks are inalienable, mining grants temporary, and vacant-land concessions favour occupants; island vacant lands may not be alienated.  National works do not exclude state or municipal works.  Specified privately financed infrastructure may receive temporary privileges without guaranteed proceeds or public subsidy.  (Arts. 15(9–10), (12), (16), (18–19), 18(1), 21, 32(8); cont., 1936, Arts. 15(9–10), (12), (16), (18–19), 18(1), 21, 32(8)).

CON-FIN—Final Provisions

Official acts and documents cite calendar time and the years of Independence from 19 April 1810 and Federation from 20 February 1859.  (Art. 26; cont., 1936, Art. 26).

Existing state, Federal District, and territorial courts continue under their organic laws until the national judicial organization law and installation of new officials.  Congress appoints the three new Court members and alternates upon the corresponding organic-law reform.  Current legislators and alternates complete the terms for which they were elected.  (Arts. 137–139; cf. 1936, Transitory Arts. 132–133:  “Public functions whose duration exceeds five years […] are reduced to the stated term of five years […] the Procurador General de la Nación [Procurator General of the Nation] […] shall be appointed by Congreso [Congress] for the first time upon promulgation of this Constitution”).

The final article repeals the Constitution enacted on 7 July 1931 and executed and published on 9 July 1931.  The closing prints 16 July 1936, year 127 of Independence and 78 of Federation.  The execution order prints 20 July 1936 and E. López Contreras, followed by ministerial countersignatures.  (Art. 140; closing and execution formulas, pp. 26–27; cont., 1936, Art. 134; closing and execution formulas, pp. 26–27, for the repeal and printed dates).

Recension

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

Constitution of 1945:  https://cidep.online/files/constituciones/1945.pdf


22) The Constitution of 1947

The 1947 Constitución de los Estados Unidos de Venezuela [Constitution of the United States of Venezuela] was sanctioned by the Asamblea Nacional Constituyente [National Constituent Assembly] at the Palacio Legislativo Federal [Federal Legislative Palace], Caracas, on 5 July 1947.  The constitutional closing bears the signature of Andrés Eloy Blanco as President of the Assembly.  The execution order at the Palacio Federal [Federal Palace], Caracas, bears the same date and the signatures of Rómulo Betancourt and the other members of the Junta Revolucionaria de Gobierno [Revolutionary Government Junta], the body then exercising executive power.  (CIDEP 1947, pp. 39–40, closing and execution formulas).

DOC-PRE—Preamble

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

“The Venezuelan Nation is the association of all Venezuelans in a pact of political organization under the name United States of Venezuela.  It is forever irrevocably free and independent of all foreign domination or protection.

“The Venezuelan Nation proclaims as the primordial reason for its existence the spiritual, political and economic liberty of man, founded upon human dignity, social justice and the equitable participation of the whole people in the enjoyment of the national wealth.

“From that fundamental reason the Nation derives its functions of defence, law and culture, for the attainment of its essential purposes, contained principally in the harmony, well-being and social and individual security of Venezuelans and of all who dwell within its territory and under its law; the affirmation of its own nationality, in sustained concord with fraternal cooperation in the concert of nations for purposes of peace and progress and with mutual respect for sovereignty; the upholding of Democracy as the sole and irrenounceable system for governing its internal conduct, and peaceful collaboration in the design of fostering that same system in the government and relations of all the peoples of the earth.

“The Venezuelan Nation repudiates war, conquest and the abuse of economic power as instruments of international policy; reaffirms its will to resolve all its conflicts and controversies with other States by the peaceful means established in the pacts and treaties to which it is a party; supports the principle of the self-determination of peoples; and recognizes International Law as the appropriate rule for guaranteeing the rights of man and of nations in the terms and purposes of the present Declaration.

“The Venezuelan Nation roots the fulfilment of its destiny and the realization of its purposes in the integrity of its territory, in the potential of its economy, in its respect for liberty, in the consecration of work as the supreme virtue and supreme title to human betterment, and in the patrimony of moral and historical authority won by Venezuelans, led by Simón Bolívar, in the emancipatory enterprise of the American Continent.”

(CIDEP 1947, p. 4, Preliminary Declaration).

FND-TER—Territory

National territory remains that of the Capitanía General de Venezuela [Captaincy General of Venezuela] before 1810, with treaty modifications, and may not be alienated to a foreign power even temporarily.  Foreign nations may acquire premises for their diplomatic representation in the capital under statute and reciprocity, with national sovereignty over the soil reserved.  (Art. 1; cf. 1945, Art. 2:  “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 Federal District, Territories, and Dependencies.  States are divided into municipal districts and these into municipalities.  The twenty States retain the names listed in 1945.  A special law is to specify existing boundaries according to the Law of 28 April 1856 and subsequent changes.  Contiguous States may merge while retaining the right to recover autonomy, or alter their frontier by legislative agreement.  (Arts. 2–4; cf. 1945, Arts. 5, 25:  “The general boundaries of each of the States are those currently determined […] States may unite, two or more, to form a single State”).

A special law organizes the Federal District while preserving municipal economic and administrative autonomy.  Caracas is the capital and national seat.  Art. 6 prints its relocation and official-visit reference as “Artículo 189”; Art. 188 refers to Art. 198(18)(b), (31), where the relocation and official-visit powers are enumerated.  Amazonas and Delta Amacuro remain federal territories; boundary agreements require congressional and state legislative approval.  (Arts. 5–7, 188, 198(18)(b), (31); cf. 1945, Art. 7:  “paragraph b), power 23 of Article 104 and power 24 of the same Article”).

A territory may request statehood at fifty thousand inhabitants; Congress may elevate all or part of it under law.  Maritime islands other than Margarita, Coche, and Cubagua, which constitute Nueva Esparta, are federal dependencies under national executive administration, with statutory conditions for territorial status.  The Corte Suprema de Justicia [Supreme Court of Justice] decides boundary disputes.  (Arts. 8–10; cf. 1945, Arts. 9–10:  “To have at least the population base required for the election of one Deputy […] except the islands of Margarita and Coche”).

POW-LEG—Congress

National constitutional terms last five years.  Congress comprises the Cámara de Diputados [Chamber of Deputies] and Cámara de Senadores [Chamber of Senators].  (Arts. 140–141; cf. 1945, Art. 55:  “They shall hold office for four years and shall be renewed by halves every two years.”).

Congressional ineligibility covers the listed senior executive, judicial, fiscal, territorial, and autonomous-institute officials, generally through three months after leaving office; relatives of the President within the second degree of blood or affinity; other remunerated officials within the stated nomination and thirty-day electoral periods, subject to exceptions; and specified public contractors or business agents.  (Art. 142; new; 1945, Arts. 57, 61, which contain no corresponding catalogue of office-based electoral disqualifications).

Deputies and senators may become ministers or heads of diplomatic missions and return to their Chambers upon leaving those offices.  They may not contract with the Nation, States, or municipalities, in their own or another’s name, or pursue third-party claims before them.  (Arts. 143–144; cf. 1945, Arts. 68, 72:  “The exercise of any public office is incompatible with the office of Senator or Deputy during sessions […] may not conclude any contract with the Ejecutivo Federal [Federal Executive]”).

The opinion provision prints “Los Diputados y Senadores no serán en ningún tiempo, por las opiniones que emitan en el ejercicio de sus funciones.”  (Art. 145; cf. 1945, Art. 71:  “The members of the Cámaras [Chambers] are not responsible for the opinions they express therein.”).

Immunity lasts throughout the mandate.  Flagrancy and other alleged offences must be reported immediately to the Chamber, which decides prosecution and suspension by two-thirds and directs the procedure within five days.  A final judgment removing the grounds permits return.  Chambers may stay proceedings and order release for the protected period but must permit continuation when the member expressly requests it.  In recess the Permanent Commission acts by two-thirds of its entire membership, subject to subsequent Chamber ratification.  (Arts. 146–148; cf. 1945, Art. 70:  “from thirty days before 19 April until thirty days after the conclusion of sessions […] the Cámaras [Chambers] may not, in any case, surrender their members so that their immunity may be violated”).

Law fixes monthly remuneration throughout the term; increases take effect only after renewal of the Chambers.  Law also determines how permanent vacancies are filled once alternate lists are exhausted.  (Arts. 149–150; cf. 1945, Arts. 69, 73:  “emoluments which may not be increased except for the immediately following period […] the corresponding Asamblea Legislativa [Legislative Assembly] shall fill the vacancy”).

Deputies are elected by universal, direct, secret vote, one per forty thousand inhabitants and one for an excess of at least twenty thousand, with a minimum of two per constituency.  The Territories elect two in total.  Law provides alternates and may add minority-representation seats.  Electors meeting Art. 82 may be deputies; naturalized Venezuelans must also be domiciled in the country and have held naturalization for at least eight years.  (Arts. 151–152; cf. 1945, Arts. 56–57:  “one Deputy for every thirty-five thousand inhabitants and one more for any excess not below fifteen thousand […] Venezuelan by birth”).

The Chamber of Deputies initiates consideration of the budget and other national tax bills.  A ministerial censure motion is considered at least forty-eight hours after deposit and takes effect upon two-thirds of deputies present; the Chamber also decides whether removal follows.  The President executes removal and orders prosecution where responsibility has arisen.  (Art. 153; cf. 1945, Art. 59(1):  “the President of the Republic shall not be obliged to remove them until the Corte Federal y de Casación [Federal and Cassation Court] declares that there is legal cause to submit them to trial”).

Each State and the Federal District elect two principal senators and two alternates by universal, direct, secret vote.  Additional senators representing minorities are allocated through a national quotient, with no more than two for a party or group under that system.  Senators must be Venezuelan by birth, over thirty, qualified under Art. 82, and outside Art. 142’s disqualifications.  (Arts. 154–155; cf. 1945, Arts. 60–61:  “the Asamblea Legislativa [Legislative Assembly] of each State shall elect, from outside its own membership, two Principal Senators and two Alternates […] native to the State he represents or resident therein for at least four years”).

The Senate grants Pantheon honours to illustrious Venezuelans or foreigners of eminent service twenty-five years after death; approves military and aviation promotions from colonel and naval promotions from naval captain; and authorizes national, state, or municipal employees to accept foreign offices, honours, or rewards.  (Art. 156; cf. 1945, Art. 62(1–2):  “to illustrious Venezuelans […] to national employees”).

The Chambers meet on 19 April or the nearest possible day, for ninety days, extendible for up to ninety more by two-thirds of Congress at either Chamber’s or the executive’s initiative.  The Permanent Commission calls extraordinary sessions on its own initiative or at the request of the executive or a quarter of Congress.  Their agenda includes the specified connected and emergency matters.  Opening requires two-thirds and later sittings an absolute majority; both Chambers sit and open or close together.  (Arts. 157–160; cf. 1945, Art. 63:  “They shall sit for ninety days, which may not be extended.”).

Each Chamber regulates its debates, police, membership, resignations, and exclusive decisions, removes impediments, investigates with compulsory official information, and may summon and interpellate ministers.  (Art. 161; cf. 1945, Art. 114:  “The Ministers have the right to speak in the Cámaras [Chambers] and shall be obliged to attend them when called to give information.”).

The Chambers approve qualifying treaties, emergency and common-defence measures, peace arrangements, taxes, budgets, debt, population bases, designated contracts and alienation of national immovables, temporary precise economic and financial powers, the census, amnesty, national organization, autonomous institutes, pensions, solidarity institutions, and other national legislation.  Ordinary administration, mining, and vacant-land contracts receive the stated exceptions.  (Art. 162; cf. 1945, Art. 78(15):  “Decree war and require the Executive to negotiate peace”).

The Chambers meet jointly when required or upon accepted invitation.  Their presiding officers must be Venezuelan by birth and become President and Vice-President of Congress.  Joint Congress elects designated officials, proclaims the popularly elected President and receives the legal promise, considers resignation, messages, reports, accounts, additional credits, statehood, amendment votes, presidential foreign travel, and its rules.  (Arts. 163–165; cf. 1945, Arts. 76–77, 100:  “Congreso [Congress] shall be presided over by the President of the Senado [Senate] […] the Cámaras [Chambers] assembled in Congreso [Congress] shall elect the President of the Estados Unidos de Venezuela [United States of Venezuela]”).

Three members may initiate a bill in either Chamber; executive and Permanent Commission initiative and the budget exception are reserved.  Admitted projects go to the appropriate standing committee unless immediate first reading is ordered.  Three readings in each Chamber are separated by at least two days.  Disagreements pass to joint Congress for majority decision.  (Arts. 166–168; cf. 1945, Arts. 80–83:  “three readings at intervals of at least one day”).

Rejected bills wait until later years.  Pending bills may continue in immediate extraordinary sessions if two-thirds of Congress declares urgency, or in the following ordinary session by the specified Chamber majority.  Ministers speak without voting; Court magistrates may speak on procedural and judicial-organization bills.  Enacted texts are duplicated without alteration and signed by the congressional officers; the President of Congress transmits the copy for promulgation.  (Arts. 169–172; cf. 1945, Arts. 84, 87:  “if the Ejecutivo Federal [Federal Executive] convokes them for that purpose […] by the President of the Cámara [Chamber] in which discussion of the law began”).

Within ten days the President promulgates or recommends reconsideration for technical or national-convenience reasons.  A request to lift sanction receives one congressional discussion; proposed textual changes receive two in each Chamber.  The President must promulgate the returned act within five days.  Upon omission, the President of Congress orders promulgation, without prejudice to responsibility.  If the ten days end after the session, the President may request its extension.  (Arts. 173–174; cf. 1945, Arts. 89–91:  “In the event of total or partial disagreement between the two Cámaras [Chambers], Congreso [Congress] shall resolve by a majority of two-thirds of the members present […] may refer that act to the Corte Federal y de Casación [Federal and Cassation Court]”).

The law formula names the Congress of the United States of Venezuela.  Promulgation is gazette publication with the Ejecútese [Let it be executed]; discrepancies require republication.  Laws take effect on their stated date or publication, and are repealed by laws.  Legislative authority remains non-delegable.  Non-retroactivity, the lesser-penalty exception, and the favourable-evidence rule in pending criminal proceedings continue.  (Arts. 170, 175–177, 180–181; cont., 1945, Arts. 85–86, 88, 92–94, for these rules).

A partial reform may not be expanded after first reading unless replaced with a broader new project.  Upon enactment, the law is reprinted as one text, renumbered when necessary, dated and signed anew, identifying amended articles and repealing the former law in full.  (Arts. 178–179; cf. 1945, Art. 86:  “in the case of partial reform it must be printed in full with the modifications it has undergone”).

During recess the Comisión Permanente del Congreso Nacional [Permanent Commission of the National Congress] comprises the congressional President and Vice-President and twenty-one other members, with alternates and proportional minority representation.  It is elected during the final fifteen days, installs within twenty days with two-thirds, and continues until the next ordinary sessions.  It supervises constitutional observance, reports irregularities, reviews and initiates bills, handles immunity, convokes extraordinary sessions, cooperates on the budget, authorizes services, credits, and presidential travel, gives opinions, and reports annually.  Art. 185 first specifies installation with two-thirds of its “miembros”, then prints “mayoría absoluta de ellas” for subsequent sittings; the feminine plural “ellas” is the printed reading, while “miembros” is masculine plural.  (Arts. 182–186; new; 1945, Arts. 63–79, which contain no corresponding permanent congressional commission).

ECO-HAC—Treasury

National fiscal competence includes currency, banking, customs, specified taxes, and resource administration.  The Hacienda Nacional [National Treasury] comprises national assets, revenue, and debts under executive direction.  Taxation is organized upon justice, equality, progression, and proportion to economic capacity, with the stated living-standard, purchasing-power, and production purposes; exemptions require law.  (Arts. 138(7–12), 162(4–6), 231–232; cf. 1945, Arts. 15(11), (13), (17–18), 32(18)(a):  “all shall be subject to the same duties, services and contributions, exemptions from which may not be granted except where the law permits”).

Taxation requires statutory authority, and expenditure requires appropriation or a prior additional credit; persons effecting or ordering unauthorized payments are civilly responsible.  Personal-service taxes, specified pre-consumption agricultural and livestock charges, and taxes on navigable waters without special works are barred.  Tax commencement, increases, or reductions require expiry of a stated period, subject to extraordinary executive powers.  Congress may not order expenditure outside the budget by separate laws or agreements.  (Arts. 233–237; cf. 1945, Arts. 48, 78(9):  “those who infringe this provision shall be civilly responsible to the Tesoro Nacional [National Treasury] for the sums whose payment they have effected”).

The Situado Constitucional [constitutional revenue allocation] is at least twenty-five per cent of the preceding calendar year’s revenue.  Thirty per cent is distributed equally among States, the Federal District, and Territories, and seventy per cent by population.  Each State assigns at least twenty per cent of its share to the entities printed as “Distritos Municipalidades”, under the same formula.  Law coordinates budgets and national direction and control of investment, reserving Art. 247.  (Art. 238; cf. 1945, Art. 17(3):  “equivalent to twenty per cent of total revenue […] proportionately to their population”).

Special laws may create autonomous scientific, charitable, financial, or industrial institutes with separate legal personality and patrimony; in recess, organic decrees require Permanent Commission authorization.  Institutes submit annual budgets and reports.  National borrowing requires express congressional authorization for urgent needs or public works.  (Arts. 239–240; cf. 1945, Arts. 78(2), 104(12):  “Decree loans upon the Crédito Nacional [National Credit] […] negotiate […] the loans which Congreso [Congress] decrees”).

The autonomous Contraloría General de la Nación [Office of the Comptroller General of the Nation] audits national receipts, expenditure, property, accounts, and autonomous institutes, without excluding executive fiscal inspection.  It investigates and reports irregularities; officials must supply information.  Congress elects the Contralor [Comptroller] and Subcontralor [Deputy Comptroller] within thirty days in the first year, with three alternates for the latter.  Presidential qualifications, the constitutional term, and civil and criminal responsibility apply.  The institution assists Congress and reports annually; special law may extend its audit to States and municipalities.  (Arts. 241–247; new; 1945, Arts. 48, 77(4), 113, which contain no corresponding constitutional organization of the Contraloría).

Public-interest contracts may not be made with foreign governments or transferred to them, or made with or transferred to non-domiciled companies.  Contracts with autonomous foreign official or semi-official legal persons require legislative authorization, or urgent Permanent Commission authorization in recess.  The Venezuelan-court and no-foreign-claims clause is incorporated where appropriate to the contract’s nature.  (Arts. 107–108; cf. 1945, Art. 50:  “in all of them the following clause shall be considered incorporated, even if it is not expressed”).

Congress controls specified contracts, disposal of national private immovables, and temporary precise economic powers.  Additional credits require prior congressional or Permanent Commission authorization and available funds after ordinary needs.  Finance presents the budget to the Deputies within five days of installation, with the stated detail and security exception, in consultation with ministers and with Permanent Commission cooperation.  (Arts. 162(8–9), 184(7–8), 198(6), (12–14), (23–24), (30), 208; cf. 1945, Arts. 104(28), 113:  “Decree, in Consejo de Ministros [Council of Ministers], Additional Credits […] within the first thirty days of the installation of the Cámaras Legislativas [Legislative Chambers]”).

POW-EXE—Executive

The people exercise sovereignty by suffrage and public powers.  Authority is confined to constitutional and legal competence, usurped acts are null, and excess entails personal responsibility.  Municipal, state, and national powers follow republican, federal, popular, representative, alternating, and responsible government.  National legislative, executive, and judicial organs have distinct functions and collaborate with each other and other public powers.  (Arts. 79, 84, 86–88, 137; cf. 1945, Arts. 13, 41, 51:  “republican, federal, democratic, elective, representative, responsible and alternating […] exercises it through the Poderes Públicos [Public Powers]”).

Officials swear before office and provide sworn declarations of assets where law requires.  A public-service statute governs entry, promotion, transfer, suspension, and retirement; employees serve the Nation and no political faction.  A second paid public post entails resignation from the first, with the enumerated exceptions.  Foreign offices, honours, or rewards require Senate authorization.  (Arts. 89–92; cf. 1945, Arts. 46, 49, 53:  “except in respect of alternates […] and posts in Academies, Hospitals, occasional Courts, teaching or charitable Institutes”).

Residual national government and administration belong to the President acting with ministers through lawful organs and subordinate employees.  The President represents the Nation and heads the national executive.  Eligibility requires Venezuelan birth, the electoral qualifications of Art. 82, lay status, and age over thirty.  (Arts. 187–191; cf. 1945, Arts. 95, 98:  “to have completed thirty years”).

The five-year President is elected by universal, direct, secret vote at least three months before the 19 April commencement, on a date fixed by Congress in the preceding year.  A relative majority elects.  Immediate re-election is barred, as is election of a person who occupied the presidency throughout the preceding term’s final year and the specified fourth-degree blood or second-degree affinity relatives.  (Arts. 140, 192–193; cf. 1945, Art. 100:  “Within the first fifteen days of each constitutional period, the Cámaras [Chambers] assembled in Congreso [Congress] shall elect the President”).

On 19 April the outgoing President transfers power after the elected President’s promise before Congress, or oath before the Court if necessary.  If the elected President cannot assume office on that date, the outgoing President yields to the President of the Supreme Court as Encargado del Poder Ejecutivo Nacional [Person in Charge of the National Executive Power] until the elected President can act.  (Art. 194; cf. 1945, Art. 101:  “the former President shall continue in the exercise of power under the name of Encargado del Poder Ejecutivo Federal [Person in Charge of the Federal Executive Power]”).

A permanent vacancy is provisionally filled by the President of Congress, then its Vice-President, then the Supreme Court President.  Extraordinary Congress must act within thirty days of convocation:  popular election follows a vacancy in the first half of the term; Congress elects the replacement in the second half.  Where popular election is required, Congress also elects the interim officeholder.  (Art. 195; cf. 1945, Art. 102:  “Congreso [Congress] shall fill the office […] for the time remaining in the respective period”).

A designated minister fills temporary absence.  After ninety days, Congress decides whether provisional government continues and elects an acting President, or proceeds to a new President.  Presidential absence from national territory requires congressional or Permanent Commission authorization, including for six months after leaving office.  (Arts. 196–197; cf. 1945, Arts. 102–103:  “Temporary absences of the President of the Republic shall be supplied by the Minister whom he designates […] his absence from the Capital shall not be considered a temporary absence, provided that he does not leave the territory of the Republic”).

The Nation cooperates in international common security under the Constitution and pacts.  Treaties require Congress unless they execute existing obligations, apply recognized principles, concern ordinary relations, or exercise express legal powers.  The Permanent Commission may authorize urgent provisional execution, subject to subsequent legislative decision.  All agreements are reported to the Chambers.  Peaceful-settlement clauses are required under the stated conditions.  The President directs relations and treaty action and takes emergency defensive measures with urgent congressional convocation.  (Arts. 104–106, 198(2–8); cf. 1945, Arts. 78(5), 104(20):  “without the requirement of their approval they shall not be valid, nor may they be ratified or exchanged […] in international treaties the following clause shall be stipulated”).

Presidential functions include enforcement, promulgation and regulation without altering legislative purpose, requests for extraordinary sessions, appointment and removal of ministers, territorial administration, the Federal District governorship, appointments subject to administrative-career statutes, navigation patents, naturalization, the census, prosecution requests, pardons, official visits, designation of the temporary substitute, and other constitutional or statutory powers.  (Art. 198(1), (9–11), (19–22), (25–29), (31–33); cf. 1945, Art. 104(16–17):  “appoint and remove […] national employees whose designation is not attributed to another official […] convoke Congreso [Congress] extraordinarily”).

The President presents a concise annual political and administrative message within ten days of ordinary sessions, stating the year’s principal action and government projects; in the last year it is presented on installation day.  Responsibility remains joint with ministers for administration and personal for treason and common offences.  (Arts. 199–200; cf. 1945, Art. 105:  “a Message in which he shall give account of the acts of his administration and of the state of the Republic”).

Law organizes ministries.  Ministers must be Venezuelan by birth, over thirty, lay, and possess civil and political rights.  They countersign presidential acts and bear personal responsibility despite written orders.  Council members collaborate in government; responsibility attaches unless an adverse vote is recorded.  Annual reports and accounts are due within ten days; in the final year they pass to the Permanent Commission if Congress is not installed.  Ministers speak and answer summons and interpellations in the Chambers and Commission.  (Arts. 201–204, 206–209; cf. 1945, Arts. 112–114:  “responsibility is joint for all Ministers who have voted affirmatively […] they shall leave them in the possession of the President of the Corte Federal y de Casación [Federal and Cassation Court]”).

The Council’s meeting provision prints “El Consejo de Ministros de reunirá”.  The ministerial responsibility article reads “Los Ministros son penal y civilmente responsables por los hechos ilícitos que se les hagan.”  (Arts. 205, 210; cf. 1945, Arts. 111, 115:  “The President of the Republic shall convoke the Consejo de Ministros [Council of Ministers] when the matter to be considered requires it or when he deems it convenient […] for the unlawful acts in which they incur”).

POW-JUD—Judiciary

National competence includes justice, the Ministerio Público [Public Ministry], and prisons.  Judicial power is independent and comprises the Supreme Court and statutory courts.  Law regulates organization, jurisdiction, appointment, and judicial careers, and may establish a Consejo Supremo de la Magistratura [Supreme Council of the Magistracy] with legislative, executive, and judicial representatives for independence, efficacy, and discipline.  Art. 213 prints “Carrera Administrativa”.  Authorities must support judgments; judges are responsible, removable during the term only by final decision in legal cases, and barred from legal practice and incompatible paid office, subject to enumerated exceptions.  (Arts. 138(4), 211–217; cf. 1945, Arts. 122–125:  “shall establish the judicial career […] they may not be removed from their offices except in the cases determined by law”).

The Corte Suprema de Justicia [Supreme Court of Justice] comprises ten lawyers meeting presidential qualifications.  Congress may increase the number by special law upon the Court’s proposal.  Within the first fifteen days of ordinary sessions at the beginning of the term, Congress elects members separately by absolute majority and ten alternates in order.  The Court fills temporary or case-specific absences; replacement alternates occupy vacant places.  (Arts. 218–219; cf. 1945, Arts. 126–127:  “ten Members who must be Venezuelans by birth, over thirty years of age and lawyers of the Republic […] they shall occupy the last places on the list”).

Autonomous chambers exercise full jurisdiction within their competence.  The Court hears charges against the enumerated senior officials, including the Fiscal, Procurator, Contralor [Comptroller], and governors; diplomatic offences in public service; cassation, deciding the merits after cassation for infringement of law; prize cases on appeal; public-power disputes; and judicial competence conflicts.  (Art. 220(1–6); cf. 1945, Art. 128(5–6):  “Hear the appeal in Cassation and the others whose decision the law attributes to it, in the form and terms determined by law […] hear prize cases”).

The Court annuls unconstitutional national or state laws, municipal ordinances, and public acts; resolves conflicts of laws; and hears the specified contentious-administrative contract, concession, damages, and monetary claims.  Thirteen months limits non-constitutional administrative annulment, but illegality remains available as a defence.  Foreign judgments may receive executory force.  The mineral and land provisions retain the stated statutory reservations of executive decision without judicial recourse.  (Art. 220(7–13); cf. 1945, Art. 128(12), (14):  “in contentious proceedings”).

The Court determines whether proceedings lie against the officials in Art. 220(1).  An affirmative decision suspends the official; common offences pass to the competent court and political offences remain through final judgment.  It reports annually to Congress and indicates proposed legislative reforms.  (Arts. 221–222; cont., 1945, Arts. 129–130, for the procedure and annual reporting).

The Ministerio Público [Public Ministry] is entrusted to the Fiscal General de la Nación [Prosecutor General of the Nation] and statutory auxiliaries.  Congress elects the Fiscal within thirty days of the first constitutional year for the whole term, with five alternates called by the executive.  He must be Venezuelan by birth, over thirty, lay, a lawyer, and possess civil and political rights.  The office supervises lawful criminal and fiscally or publicly interested proceedings and the administration of justice, prosecutes national employees, and acts before the Supreme Court in the designated causes.  Responsibility follows law.  (Arts. 223–227; cf. 1945, Arts. 116–117:  “The Ministerio Público [Public Ministry] is the organ of the Ejecutivo Federal [Federal Executive] before the Poder Judicial [Judicial Power] […] shall be entrusted to the Procurador General de la Nación [Procurator General of the Nation]”).

The Procuraduría General de la Nación [Office of the Procurator General of the Nation] separately represents national rights in litigation under law and executive instructions and furnishes legal opinions to the President, ministers, Chambers, and Supreme Court.  The Procurator has the stated birth, age, lay, professional, and rights qualifications; Congress elects him for the term within thirty days with five alternates.  Liability follows the ministerial rule.  (Arts. 228–230; cf. 1945, Art. 120(1–4):  “Give the legal opinions requested of him […] promote […] accusation against federal employees […] exercise […] the Ministerio Público [Public Ministry] […] represent and sustain […] the rights of the Nation”).

POW-SUB—Subnational Government

Municipal councils exercise power in state districts, the Federal District, and Territories, with economic and administrative autonomy and legal personality; the Federal District may have a special departmental arrangement.  Acts and officials are subject to judicial control rather than national or state intervention.  Fiscal competence and receipts are protected, and payment for unassumed national or state services requires a lawful contract.  (Arts. 109–111; cf. 1945, Arts. 6, 14:  “completely autonomous and independent of the Poder Federal [Federal Power] in matters relating to its economic and administrative regime”).

Municipal competence includes local services and credit institutions, social assistance, measures against abandonment, vagrancy, alcoholism, illiteracy, and prostitution, urbanism, and revenue.  Revenue includes industry, commerce, vehicle, urban-property and spectacle charges, municipal property and service proceeds, fines, and the constitutional allocation.  Art. 112(2) prints its national-competence reference as “numeral 18 del Artículo 138”.  Congress may assign further revenue matters; national and state reservations and Art. 127 restrictions apply.  (Arts. 112–113, 117; cf. 1945, Art. 18(1):  “The hygiene service shall be performed subject to federal laws and regulations on sanitation and under the inspection of the federal sanitary service.”).

Councils are elected by universal, direct, secret vote.  Each elects its president from its members as the executive organ of its decisions.  Councillor service is obligatory and incompatible with paid executive office, subject to the stated incidental, academic, teaching, and assistance exceptions.  (Arts. 114–116; cf. 1945, Art. 17(1):  “the Constitutions and laws of the States may establish the conditions required […] to be a Member of a Concejo Municipal [Municipal Council]”).

The Nation provides a cadastre and endowment of ejidos [municipal common lands] and assists recovery of improperly occupied municipal land.  Ejidos are inalienable and imprescriptible, except for construction under municipal ordinance formalities.  (Arts. 118–119; cf. 1945, Art. 18(2):  “Administer their common lands and own lands, without being able to alienate them except for construction”).

States retain equal political standing, autonomy, residual competence, and duties to national independence and unity.  They may alter names and divisions, enact constitutions, organize and elect powers, administer property and revenue within national reservations, contract internal loans whose annual obligations do not exceed ten per cent of ordinary revenue, promote production and supplies, restrain speculation, and build local roads and works subject to technical approval.  (Arts. 120–121; cf. 1945, Art. 17(1–4):  “Elect their Poderes Públicos [Public Powers] according to their Constitutions and laws, without prejudice to […] delegation to the President of the Republic of specified powers”).

States recognize other public acts, accommodate national agents within their service jurisdiction, refrain from interstate war, prohibit hostile levies, and permit national installations.  They may not borrow abroad, establish customs or reserved taxes, tax transit, maintain forces other than municipal police, discriminate against outside goods, tax goods before local circulation, or tax livestock and its products.  (Arts. 122–127; cf. 1945, Arts. 15(8), 17(3), 19–24:  “their police and prison guards, except those which they organize by order of the Gobierno Federal [Federal Government]”).

An elected Legislative Assembly legislates and controls state administration.  Art. 128 prints “se reunirá extraordinariamente” for its annual meeting on 1 June or the nearest possible date.  Universal, direct, secret voting chooses its members; executive office is incompatible throughout the term, subject to the stated exceptions.  Two-thirds may disapprove the Governor’s administration with removal; the Assembly considers the state budget and enacts state laws.  (Arts. 128–131; cf. 1945, Art. 17(1):  “the corresponding period for which elections shall be held”).

The Governor and secretaries exercise state executive power.  The Governor is a Venezuelan-born adult of lay status enjoying civil and political rights and acts as national agent for national law and orders.  He appoints staff under career rules, reports and accounts annually, presents the budget, and designates a secretary for temporary absence.  Transitory VII provides a plebiscite within two years on presidential appointment or universal, direct, secret election.  It prints “si deberán ser por voto” and “incorporada al título”.  Pending the vote, the President in Council appoints and removes, subject to legislative removal under Art. 131(2).  (Arts. 132–136; Transitory VII; cf. 1945, Art. 17(2):  “Elect their Poderes Públicos [Public Powers] according to their Constitutions and laws”).

National competence comprises the enumerated international, legal, fiscal, military, social, resource, communication, and administrative matters.  Two-thirds of the Chambers may assign specified national matters to States or municipalities to promote administrative decentralization.  Congress may also legislate on police organization through the ordinary legislative procedure.  (Arts. 138–139; cf. 1945, Art. 15(20):  “any other matter which this Constitution attributes to one of the Powers constituting the Gobierno Federal [Federal Government]”).

CON-AMD—Amending the Constitution

Total or partial reform may originate in state legislatures or either Chamber.  State initiative requires two-thirds of the legislatures in ordinary sessions, each acting by an absolute majority of its entire membership.  Congress declares it admissible, follows the ordinary legislative procedure, and submits adopted changes for ratification under the same state procedure.  (Arts. 248–249; cf. 1945, Art. 131:  “when requested by three-quarters of the Asambleas Legislativas [Legislative Assemblies] of the States assembled in ordinary sessions”).

Congressional initiative requires a quarter of a Chamber’s entire membership and the ordinary legislative procedure.  Adopted changes go to state legislatures in the following year’s ordinary sessions; two-thirds must ratify, each by an absolute majority of its full membership.  Amendments are confined to points receiving the required concurrence.  Congress counts the final votes; the amended text takes effect on gazette publication.  (Arts. 250–252; cf. 1945, Arts. 134–136:  “Congreso [Congress] may also take the initiative in either Cámara [Chamber] […] ratified by two-thirds of the Asambleas Legislativas [Legislative Assemblies] of the States in their ordinary sessions”).

CIV-SUF—Suffrage

Suffrage is a Venezuelan right and public function, potentially extended by law to foreigners resident continuously for more than ten years for municipal elections.  All Venezuelan men and women over eighteen may vote unless definitively interdicted or criminally disqualified.  Eligibility for public office requires literacy, age over twenty-one, and the specified constitutional and statutory qualifications.  Law regulates proportional minority representation and seeks to prevent party predominance in electoral bodies.  (Arts. 44, 79–83; cf. 1945, Art. 32(14):  “Venezuelan males, over twenty-one years of age, who can read and write […] Venezuelan women […] enjoy active and passive suffrage for the formation of Concejos Municipales [Municipal Councils]”).

Active members of the armed forces may not vote.  Municipal councils, state legislatures, deputies, senators, and the President are elected by universal, direct, secret suffrage under their respective provisions.  Naturalized Venezuelans meeting the additional domicile and eight-year conditions may become deputies; senators and the President must be Venezuelan by birth.  (Arts. 99, 114, 129, 151–155, 192; cf. 1945, Arts. 57, 60, 100:  “To be a Deputy it is required to be Venezuelan by birth […] the Asamblea Legislativa [Legislative Assembly] of each State shall elect […] the Cámaras [Chambers] assembled in Congreso [Congress] shall elect”).

CIV-CIT—Citizenship

Birth nationality covers birth in Venezuela, except children of non-domiciled and non-resident foreigners or persons in another State’s official service; birth aboard Venezuelan ships or aircraft outside another State’s territorial domain, with the same exceptions; foreign birth to Venezuelan parents in Venezuela’s official service; and foreign birth to two Venezuelan parents where the birth country does not confer nationality.  The paragraphs provide domicile or declarations upon majority for the excepted cases, additional rules for children of a Venezuelan parent born abroad, and diplomatic or consular birth registration.  (Art. 11; cf. 1945, Art. 28:  “All those born in the territory of the Republic […] children of Venezuelan parents, whatever their place of birth”).

Naturalization covers a foreign wife who loses her prior nationality through marriage; qualifying adult foreign-born children of naturalized parents; domiciled natives of Spain or Latin American States expressing the requisite will; and certificate holders.  Effective treaty reciprocity permits the stated Spanish and Latin American applicants to acquire Venezuelan nationality without changing or losing their original nationality.  (Art. 12; cf. 1945, Art. 29(4):  “The foreign woman married to a Venezuelan, while the marriage subsists”).

Dissolution does not affect spouses’ or children’s nationality.  A Venezuelan wife retains hers unless she expresses the contrary and thereby acquires her husband’s nationality.  Statute regulates declarations and certificates; treaties may address multiple nationality, reserving the reciprocity rule of Art. 12.  (Arts. 13–16; cf. 1945, Arts. 29(4), 30:  “when it is dissolved and during the following year, she expresses and has accepted her will to continue being Venezuelan […] nationality shall not be considered acquired until the stated publication occurs”).

Nationality is lost upon full voluntary acquisition of another, subject to Art. 12’s exception, or revocation of naturalization under law.  Art. 18 prints “La recuperación en los casos que determine la Ley.”  Statute regulates nullity for defects in naturalization.  (Arts. 17–19; new; 1945, Arts. 27–30, which contain no corresponding general articles on loss, recovery, and nullity).

Persons presently holding Venezuelan and another nationality have five years to choose; after statutory notification and failure to choose, Venezuelan nationality is presumed preferred.  For minors the period begins at majority under Venezuelan law.  (Transitory XVII; new; 1945, Arts. 27–30, which contain no corresponding transitional election between nationalities).

RTS-GAR—Rights

Venezuelans must defend the country and obey lawful authority; service against Venezuela, or its allies in international armed conflict, constitutes treason.  Foreign residents must obey, receive rights and duties not exceeding Venezuelans’, and may face statutory security or sanitary restrictions.  Confiscation applies only to foreigners in conflict with their country.  Naturalized Venezuelans have political rights subject to statutory restrictions.  Lawful liberty and the restriction of public indemnity to legitimate official action are retained.  (Arts. 20–24; cf. 1945, Arts. 31, 38:  “They may not undertake to serve against Venezuela […] the rights and duties of foreigners are determined by law”).

Unenumerated rights and duties of inhabitants remain reserved.  Laws, decrees, ordinances, resolutions, or regulations impairing guaranteed rights are null, as declared by the Supreme Court.  Officials violating guarantees are punishable subject to the specified emergency provisions.  Criminal actions for violations of individual guarantees prescribe after six years; for officials the period begins after departure from public office.  (Arts. 25–28; cf. 1945, Arts. 34–36:  “any other rights which may correspond to Venezuelans […] except measures directed to the defence of the Republic or the preservation or restoration of peace”).

Life and personal liberty and security are guaranteed to all inhabitants.  The death penalty, forced recruitment, incommunicado detention, compelled self-incrimination, special tribunals, punishment without notice and hearing, non-criminal civil imprisonment, penalties over twenty years, infamous or perpetual penalties, torture and physical suffering, detention beyond sentence, and repeated trial for the same acts are barred.  Mandatory military service remains statutory.  The self-incrimination provision includes the printed phrase “persona con quien haga vida material”.  (Arts. 29–30; cf. 1945, Art. 32(17)(e), (h):  “nor against the spouse […] nor be condemned to a custodial penalty exceeding twenty years or to infamous penalties”).

Except for flagrancy, detention requires preliminary information of a punishable offence carrying confinement and a reasoned written order.  The preliminary investigation may not exceed thirty days after judicial detention.  In the specified insult, defamation, contempt, and official-offence cases, the accused remains at the venue but is detained only under final sentence.  Release follows destruction of grounds or lawful bail; bail processing is free of tax.  (Art. 30(2–3); cf. 1945, Art. 32(17)(c), (f):  “The preliminary investigation may in no case extend beyond thirty days after detention […] after sufficient bail has been provided”).

Administrative detention is excepted from Art. 30(2), but arrest may not exceed fifteen days and requires written reasons beyond forty-eight hours.  Law regulates repeat offenders.  Habeas corpus is available to the detainee or another person on his behalf where no ordinary judicial remedy exists, under a brief statutory procedure.  (Arts. 31–32; new; 1945, Art. 32(17), which contains no corresponding administrative-arrest limits or express habeas corpus provision).

Political asylum is recognized subject to law, international law, and treaties.  Movement, domicile, departure, return, and movement of goods are subject to law; nationals may not be discretionarily excluded from entry.  (Arts. 33–34; cf. 1945, Art. 32(7):  “observing legal formalities […] subject to the limitations required by public order and the interests of the Nation”).

Home entry is confined to prevention of consummation of crime, lawful judicial decisions, and sanitary or fiscal visits with prior notice.  Oral, written, and other correspondence is inviolable subject to judicial seizure with legal formalities and protection of unrelated private matter; accounts remain subject to lawful inspection.  (Arts. 35–36; cf. 1945, Art. 32(4):  “to prevent the perpetration or consummation of an offence […] it shall also be subject to sanitary visits according to law”).

Thought may be expressed through speech, writing, print, radio, or other publicity without prior censorship.  Statutory penalties cover public-morals offences, insult, defamation, contempt, and incitement.  Anonymity, war propaganda, and propaganda provoking disobedience of law are prohibited, without curtailing analysis or criticism of legal precepts.  (Art. 37; cf. 1945, Art. 32(6):  “nor any propaganda of war or directed to subverting the political or social order”).

No one is compelled to declare religious belief or political ideology except as law provides.  Religious belief cannot excuse legal obedience or obstruct another’s rights.  Lawful unarmed association, assembly, manifestation, and union organization are protected, as are petition with timely response and accusation of officials.  Equality prohibits racial discrimination and hereditary distinction; civil identification must not disclose distinctions of filiation, birth, or parents’ civil status.  (Arts. 39–43, 45–46; cf. 1945, Art. 32(11), (18):  “freedom of association, which remains subject to the restrictions and prohibitions established by law […] all shall be judged by the same laws”).

The State protects the family regardless of origin and maternity regardless of civil status, assists abandoned mothers, and provides for an unattachable family patrimony.  Protection of the child extends from conception through development, with parental identification, support and education, special juvenile laws, prevention of exploitation, subsidiary state assistance, a code, and an organizing body.  The State seeks removal of the social causes of prostitution and rehabilitation of those affected.  (Arts. 47–50; new; 1945, Arts. 31–37, which contain no corresponding family-and-child-protection chapter).

All inhabitants have a right to health protection and protection against social risks and resulting need.  The State provides disease prevention and treatment, progressively establishes broad and efficient social security, and promotes inexpensive housing for economically disadvantaged classes.  (Arts. 51–52; cf. 1945, Art. 15(4):  “human, animal and plant sanitation […] work and social provision”).

Education is a right and an essential state function.  The State supplies institutions and services; education is integral and directed to personal development, democratic citizenship, national culture, and human solidarity.  Private teaching and institutions are free within statutory direction and inspection, with encouragement when compliant.  The State may reserve teacher training, requires demonstrated teaching competence, and guarantees suitable professional conditions.  Primary education is compulsory; official education is free in every cycle, with assistance for those lacking means according to vocation and aptitude.  (Arts. 53–58; cf. 1945, Arts. 15(9), 32(15):  “Elementary primary instruction is compulsory, and instruction in official institutes shall be free […] the moral and civic education of the child is compulsory”).

The State safeguards artistic and historical wealth.  Professions requiring qualifications are regulated; law determines state-issued titles and may require professionals to render national service.  (Arts. 59–60; cf. 1945, Art. 32(10):  “Professions requiring a title may not be exercised without possessing it and satisfying the formalities required by law.”).

Work is a duty and right; the State seeks subsistence through work without injury to liberty or dignity, and protects employment stability and material, moral, and intellectual conditions, with technical teaching.  Art. 62 prints “estabilidad en le trabajo”.  (Arts. 61–62; cf. 1945, Art. 32(8):  “to provide for the improvement of their physical, moral and intellectual condition”).

Labour legislation provides a maximum eight-hour day and seven-hour night, subject to stated exceptions and possible reduction; paid weekly rest; equal pay without distinction of sex, nationality, or race; a minimum living wage; annual paid leave; occupational-risk responsibility; notice, severance, seniority benefits, and retirement; and protection of union officers’ employment except for fully justified termination.  (Art. 63(1–7); cf. 1945, Art. 32(8):  “Weekly rest, preferably on Sundays […] annual remunerated holidays”).

Further guarantees comprise collective agreements including a union clause, conciliation, strike subject to public-service exceptions, protection of minors and women including paid maternity rest, profit participation, savings, liability of beneficiaries and intermediaries or contractors, protected wages, and non-waiver of favourable legal provisions.  The State promotes a family wage through institutions.  (Art. 63(8–15); Art. 64; cf. 1945, Art. 32(8):  “The Nation shall favour a system of participation by employees and workers in the profits of enterprises and shall encourage saving among them.”).

Property is guaranteed subject to its social function and statutory contributions and restrictions.  Authors, inventors, and mark creators receive the stated exclusive rights.  Resources are conserved; expropriation requires public utility or social interest, final judgment, and payment, with secured deferred payment permitted for agrarian reform and urban expansion.  Land and forests must be maintained in socially useful production under law.  (Arts. 65–68; cf. 1945, Art. 32(2):  “through prior indemnification and adversarial proceedings”).

The State undertakes agrarian transformation, credit organization, rural improvement, and provision of land and productive means to qualifying peasants and associations.  Art. 69 prints “acción planificadas y sistemática, orientado”.  Lands acquired for hydrocarbon or combustible-mineral exploitation revert to national ownership without indemnity when the concession ends.  Cooperatives receive support.  Special legislation addresses incorporation of Indigenous people into national life with regard to cultural and economic conditions.  (Arts. 69–72; cf. 1945, Art. 32(8):  “The State shall endeavour to settle the day labourer in the countryside, shall attend to his rural education and shall ensure preference to the Venezuelan worker in colonization and use of national lands.”).

Lawful commerce, industry, and gainful activity are free within constitutional, sanitary, and security limits.  The State protects private initiative, may reserve public-interest industries or services, and may plan and regulate production, circulation, and consumption for national development.  Export limits require national interests.  The Consejo de Economía Nacional [National Economic Council] represents capital, labour, liberal professions, and the State under law.  (Arts. 73–75; cf. 1945, Art. 32(8–9):  “representatives of the producing and consuming population, of capital and labour, and of the liberal professions […] in extraordinary circumstances”).

The President in Council may restrict or suspend guarantees for war, imminent danger of war, or grave circumstances affecting national economic or social life, except life and the protections in Art. 30(9).  Grounds, guarantees, and territory must be specified; measures are confined to what security and restoration of normality require, submitted to Congress or its Permanent Commission within ten days, and revoked when their causes cease.  (Art. 76; cf. 1945, Art. 37:  “with the exception, in every case, of those relating to the inviolability of life, the prohibition of slavery and non-condemnation to infamous penalties”).

Without general restriction or suspension, the President in Council may order preventive detention upon serious grounds of participation in plans for a coup or violent overthrow.  The measures must be submitted to Congress or its Permanent Commission within ten days for approval or rejection and cease with their causes.  Approved measures continuing after sixty days go to the Supreme Court, which considers law, state security, and public order.  (Art. 77; cf. 1945, Art. 37:  “national or foreign individuals opposed to the restoration or preservation of peace may be arrested, confined or expelled”).

Restriction of guarantees does not affect the functioning or lawful prerogatives of national public powers.  (Art. 78; cont., 1945, Art. 37, for this institutional safeguard).

REG-MIL—The Military

The Fuerzas Armadas Nacionales [National Armed Forces] are apolitical, essentially professional, obedient, and non-deliberative, organized for national defence, internal stability, and constitutional compliance.  Peacetime requisitions pass through civil authorities.  Statute organizes forces and missions; military forces have the specific defence mission and only the stated occasional public-order functions.  Population determines the service contingent.  (Arts. 93–96; cf. 1945, Arts. 15(8), 47:  “Armed force may not deliberate […] it is passive and obedient.”).

States and municipalities maintain only municipal police.  All armaments belong to the Nation under ministerial control.  Active members may neither vote nor join or act in political organizations.  On voting days forces remain on permanent service and leave barracks only for public order and free voting.  Ranks, honours, and pensions are acquired and forfeited only under law.  (Arts. 97–101; cf. 1945, Arts. 15(8), 47:  “their police and prison guards […] on voting days troops shall remain quartered and may leave barracks only for public-order commissions”).

The President is supreme hierarchical authority and commands through lawful departments and officials.  The Consejo Supremo de la Defensa Nacional [Supreme Council of National Defence], comprising the President, designated ministers, and military officials, directs and coordinates defence.  The Senate authorizes designated promotions.  Presidential powers include force levels, military operations, combined command representation, interstate intervention, and the specified emergency measures for territory, States, shipping, and other lawful military action.  (Arts. 102–103, 156(2), 198(15–18); cf. 1945, Arts. 45, 104(2), (23):  “shall always be Commander-in-Chief of the Ejército Nacional [National Army] […] command the Ejército Nacional [National Army] and the Armada Nacional [National Navy] personally or through the person or persons he designates”).

REG-REL—Religion

Freedom of conscience and worship is guaranteed, worship remaining subject to executive inspection under law.  Religious or political declarations cannot be compelled except by law; belief may not excuse disobedience or deny others’ rights.  The Republic exercises the Patronato Eclesiástico [Ecclesiastical Patronage] according to law and may conclude agreements regulating Church–State relations.  (Arts. 38–40, 85; cf. 1945, Arts. 32(16), 52:  “religious freedom […] reserving always the right of Patronato Eclesiástico [Ecclesiastical Patronage] […] in accordance with the Law of 28 July 1824”).

Lay status is required for governors, the President, ministers, the Fiscal, and Procurator, and through the presidential qualifications for Supreme Court magistrates, the Contralor [Comptroller], and Subcontralor [Deputy Comptroller].  (Arts. 133, 191, 202, 218, 224, 228, 245; cf. 1945, Arts. 98, 110, 117, 126:  “to be of lay status […] Venezuelans by birth, over thirty years of age and lawyers of the Republic”).

ECO-INF—Infrastructure

The Constitution assigns national resource conservation and administration, agrarian development, statistics, engineering, architecture and urbanism standards, public works, communications, education, health coordination, animal and plant sanitation, agriculture, social provision, and transport.  Municipalities retain local services and urbanism; States undertake local roads and works with national technical approval where required.  National installations remain permitted in state territory.  (Arts. 66, 69–75, 112, 118, 121(6–7), 126, 138(12), (14–24); cf. 1945, Art. 15(19):  “public works which are necessary, without restricting the right of States and Municipalidades [Municipalities] to undertake on their own account those they deem appropriate”).

Saltworks remain inalienable, mining concessions may not be indefinite, and vacant-land dispositions favour occupants.  National roads, railways, and traction cables are national matters, with the stated urban exceptions.  Health services may be nationalized by law for collective interest; autonomous public institutes may have separate patrimony.  Navigation taxation remains confined by the rule on special works.  (Art. 138(12), (17), (19); Arts. 235, 239; cf. 1945, Art. 15(18):  “mining concessions shall be temporary […] vacant lands existing on maritime, river and lake islands may not be alienated”).

CON-FIN—Final Provisions

The Constituent Assembly’s mandate continues until recess.  Its commission comprises its President, two Vice-Presidents, and twenty-two further members with equal alternates, elected secretly from political lists for proportional representation.  It exercises applicable congressional-commission powers until the new Chambers install; the Assembly may reconvene legislatively under Art. 158.  (Transitory I; new; 1945, Transitory Arts. 137–139, which contain no corresponding Constituent Assembly continuation).

Presidential, congressional, and state legislative elections occur within ninety days after the Electoral Statute, on the electoral authority’s date.  Congress installs thirty days after general proclamation; state legislatures on 1 January 1948 or the nearest possible date.  Councils install by 1 June 1948, with the Federal District and Territories following the legislative timetable.  Governors account for 18 October 1945 through 15 December 1947.  Initial assembly and council sizes are specified; state legislatures and councils serve until 1 June 1950.  (Transitory II–VI; cf. 1945, Art. 139:  “The mandate of the present Senators and Deputies and of their Alternates shall last for the entire period for which they were elected.”).

The governor-selection plebiscite and interim appointment rule are recorded under POW-SUB.  The first national mandates end on 19 April 1952 although exercise begins upon oath.  The Constituent Assembly is to determine the interim executive’s reorganization by special decree.  (Transitory VII–IX; cf. 1945, Art. 54:  “five years for the President of the Republic, five years for the Corte Federal y de Casación [Federal and Cassation Court], counting from 19 April 1936”).

The Procurator performs the Fiscal’s functions until implementing legislation.  The Assembly elects an interim Procurator and alternates, an interim Supreme Court, and corresponding Contralor [Comptroller] officers until Congress provides definitive appointments.  Existing judicial laws continue, with the stated triplicate candidate lists, executive appointments within five days, and regional procedures for lower judges and other judicial officials.  (Transitory X–XIII; cf. 1945, Arts. 137–138:  “shall continue functioning and be governed by their respective Organic Laws […] the three new Members of the Corte Federal y de Casación [Federal and Cassation Court] and their Alternates shall be appointed by the Congreso Nacional [National Congress]”).

The new Situado distribution is effective from 1 July of the present year under the Assembly’s budget.  States continue collecting stamped-paper tax until reform of the fiscal-stamp law.  (Transitory XIV, XVI; cf. 1945, Art. 17(3):  “the stamped-paper tax”).

Pending legislation, criminal courts of first instance hear habeas corpus.  Within twenty-four hours of a complaint they request grounds of detention and then order trial where warranted, the proper administrative resolution, or immediate release, without prejudice to proceedings against officials for abuse.  (Transitory XV; new; 1945, Art. 32(17), which contains no corresponding transitional habeas corpus procedure).

The five-year nationality election is recorded under CIV-CIT.  During recess, Constituent Assembly members retain the protections of Arts. 143–146 but receive no allowances except commission members.  Existing law continues until modified or repealed by public authority or expressly or impliedly displaced by this Constitution.  (Transitory XVII–XIX; new; 1945, Transitory Arts. 137–139, which contain no corresponding provisions on those matters).

The final provision repeals the Constitution of 16 July 1936, reformed on 23 April 1945, executed and published on 20 July 1936 and 5 May 1945 respectively.  Those reform and publication dates are the dates stated by this article.  (Art. 253; cf. 1945, Art. 140:  “The Constitution enacted on 7 July 1931 and ordered to be executed by the Poder Ejecutivo [Executive Power] and published in the Gaceta Oficial [Official Gazette] […] on 9 July of the same year is repealed.”).

The constitutional closing is dated 5 July 1947, year 138 of Independence and 89 of Federation, at the Federal Legislative Palace in Caracas.  Andrés Eloy Blanco signs as President, Jesús González C. and Augusto Malavé Villalba as Vice-Presidents, and Miguel Toro Alayón as secretary, with the listed representatives.  The execution order bears the same date and the Junta Revolucionaria de Gobierno [Revolutionary Government Junta] as holder of executive power:  Rómulo Betancourt, Carlos Delgado Chalbaud, Raúl Leoni, Mario R. Vargas C., Gonzalo Barrios, Luis B. Prieto F., and Edmundo Fernández, followed by ministerial countersignatures.  (Closing and execution formulas, pp. 39–40; cf. 1945, Closing and execution formulas, pp. 26–27:  “on the sixteenth day of July nineteen hundred and thirty-six […] on the twentieth day of July nineteen hundred and thirty-six”).

Recension

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

Constitution of 1947:  https://cidep.online/files/constituciones/1947.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 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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