« PreviousContinue »
Each shall form, by the direct votes of the People, in conformity with Articles XIII, and XIV. a Junta of 11 Individuals, who shall exercise the functions of Electors, and who must each possess the qualities required for a Representative by Article XV. These Electors, or twothirds at least of them, being assembled in the Capital of the Province, and having elected from their number a President and Secre tary, shall vote for the Senators, by signed ballots for 2 Individuals, 1 of whom at least must either be a Native or Resident of the Province. The vote being concluded, and the Act signed by all the Voters, it shall be transmitted, enclosed and sealed, through the Executive, to the President of the Senate (the first time to the President of the Congress.) The President shall open it before the Senate, (the first time before the Congress,) and cause the Acts of the Electoral Juntas to be read, and afterwards passed to a Commission, to report on the validity of the forms, and to ascertain the number of suffrages for each Candidate. Those who shall have obtained an absolute majority of votes of the respective Electoral Juntas, having strictly observed the requisite forms, shall be declared Senators, by a resolution of the Senate (or of the Congress the first time) two-thirds of the Members being assembled. If the necessary forms should not have been complied with, the Election shall be repeated by the same Electoral Juntas. If there should not result a majority of suffrages, the Senate (or the Congress, as the case may be) shall choose 3 Persons of those who may have obtained the greatest number of votes, and shall elect from amongst them. If, however, there should not result an absolute mamajority of votes in favour of one Individual, the number of Candi. dates shall be reduced to the two who may have obtained the greatest number of votes, the vote of the President deciding who shall be excluded, in order to reduce them to that number, in the event of an equality. A new Election shall then take place between the 2 Individuals who remain, and he who shall have obtained an absolute majority shall be proclaimed Senator, the vote of the President again deciding in the event of an equality of numbers. If only one of the Senators shall have obtained an absolute majority in the Electoral Junta, the proceedings of the Senate (or of the Congress) in order to determine the Election of both Senators, shall be performed by separate Acts, and with the same formality for each.
XXIV. No one can be elected a Senator, who is not 36 Years of age, who shall not have been 9 Years a Citizen, and has not a capital of 10,000 dollars, an income equivalent thereto, or is not engaged in a scientifick profession of that value.
XXV. The Senators, on entering upon their Office, shall take the Oath prescribed in Article XX.
XXVI. They shall continue in Office for the term of 9 Years, a third part being renewed every 3 Years, and it shall be decided, by lot,
immediately after all shall have assembled, which of their Members shall go out of Office at the end of the first and second periods of 3 Years.
XXVII. It belongs to the Senate to judge publickly the Persons accused by the Chamber of Representatives.
XXVIII. The concurrence of two-thirds of the Members is suffi. cient to establish the criminality of the Accused; but shall have effect, ouly to the extent of removing the Accused from his Office.
XXIX. The Party accused and convicted, shall reinain, notwithstanding, subject to prosecution, judgment, and punishment, according to Law.
XXX, The Senators shall be compensated for their services, by a salary, which the Law shall assign to them.
CHAPTER III. Of the Attributes common to both Chambers.
XXXI. Both Chambers shall assemble in the Capital, and shall hold their Sittings daily, in the months of May, June, July, August, and September, the Members being bound to reside there during the remaining months of the Year.
XXXII. Each Chamber shall be the sole judge in examining and approving the Election of its Members.
XXXIII. It shall name its President, Vice-President, and Officers; shall fix the period of their duration in Office; shall prescribe the Regulations for the Debates; and for facilitating the execution of their Resolutions.
XXXIV. Neither of the Chambers shall commence its functions, until two-thirds of the Members of each shall have assembled at the Hall of Session ; but a less number may compel the rest to assemble, in the terms, and under the penalties, which each Chamber may prescribe.
XXXV. Senators and Representatives shall never be responsible for their opinions, speeches, or debates.
XXXVI. Neither shall Senators or Representatives be arrested by any other Authority, during their attendance in the Legislature, or while they are going to or returning from its Sittings; except in the event of their being taken in the commission of any crime that may deserve death, or infamous, or corporeal punishment; of which an account shall be given to the corresponding Chamber, with the judicial Report of the Case.
XXXVII. When a complaint shall be presented in writing before the ordinary Justices, against any Senator or Representative, for any offence not enumerated in Article XIX, after having examined the Case, the respective Chamber, by a majority of two-thirds of its yotes, may suspend the Accused from the exercise of his functions, and place him at the disposal of the competent Tribunal for judgment...
XXXVIII. Each Chamber may also punish any of its Members for misconduct in the exercise of their duties, (with a similar majority of votes) or remove him, for physical or moral incapacity during his Office; but a majority of 1 above the half of the Members present shall decide upon the resignations, which any of them shall voluntarily propose, of their Office.
XXXIX. Each of the Chambers may cause the Ministers of the Executive Power to appear before it, to communicate information which it may consider requisite.
CHAPTER IV. Of the Attributes of the Congress. XL. To the Congress it belongs: to declare War, after having heard the grounds thereof explained by the Executive Power.
XLI. To recommend to the same, when it may judge it expedient, the Negotiation of Peace.
XLII. To fix the regular Land and Sea Forces, in time of Peace and War.
XLIII. To order the construction and equipment of National Squadrons.
XLIV. To fix, annually, the general Expenditure, with reference to the Estimates presented by the Government.
XLV. To receive, annually, the account of the application of Publick Funds, and to examine and approve the same.
XLVI. To establish the duties of importation and exportation; and, for a term not exceeding 2 Years, to impose, according to the exigencies of the State, Contributions proportionably equal throughout the Territory. XLVII. To decide upon the Loans, which it may
necessary to negotiate on the security of the State.
XLVIII. To fix the Law, value, weight, and type of the National Coin.
XLIX. To establish Tribunals subordinate to the High Court of Justice, and to regulate the form of the judgments.
L. To grant Amnesties, when powerful motives of publick interest render them expedient.
LI. To create or abolish Offices of every description.
LIII. To define the Territory of the State, and to fix the boundaries of the Provinces, without prejudice to the permanency of the Provinces enumerated in Article XI.
LIV. To establish Ports on the Coasts of the Territory, where it may be judged convenient; and to raise Villages to the rank of Towns, Cities, and Provinces, in such cases, and with such qualifications, as may be conformable to Law.
LV. To form general Plans for Publick Education.
LVI. To award premiums to those who may have performed, or shall hereafter perform, eminent services to the Nation.
LVII. To grant to Authors, or the Inventors of useful Establish. ments, exclusive privileges for a certain period.
LVIII. To enact all Laws and Ordinances, of whatever nature, which the good of the State may require; and to modify, explain, and abrogate those already in force. '
CHAPTER V.Of the Formation and Sanction of the Laws.
LIX. The Laws may be originated, in either of the Chambers which compose the Legislative Body, by Projects presented by its Members, or by the Executive Power through its Ministers.
LX. The Laws which relate to the objects, treated of in Article XVIII, are excepted from this rule.
LXI. When a Project of Law shall be approved in the Chamber in which it may have originated, it shall be passed to the other Chamber, in order to its being discussed, approved, or rejected.
LXII. No Project of Law, after rejection by one of the Chambers, can be again brought forward in the Session of the same Year.
LXIII. The Projects of Law approved by both Chambers, shall be passed to the Executive Power.
LXIV. If the Executive Power approve of them, or, in the term of 10 days, do not return them as objectionable, they shall have the force of Laws.
LXV. If the Executive Power should disapprove of the Projects, it shall return them, with the proposed amendinents, to the Chamber in which they originated.
LXVI. They shall be reconsidered in both Chambers, and a majority of two-thirds of the votes of each Chamber shall finally sanction them.
LXVII. The votings of both Chambers shall, in such cases, be either in the affirmative or negative, and the names and decisions of the Members, as also the amendments of the Executive Power, shall be immediately printed and published.
OF THE EXECUTIVE POWER. CHAPTER I.--Nuture and Qualities of this Power, LXVIII. The Executive Power of the Nation is confided and entrusted to one Person alone, under the title of President of the Argentine Republick.
LXIX. No one can be elected President, who is not a Citizen of the Republick by birth, and who does not possess the other qualifications required by this Constitution for a Senator.
LXX. Before entering on the discharge of his functions, the President elect shall take, before the President of the Senate, and the 2 Chambers assembled, the following Vath : 17.11.1
!! 1933. *
“I. N.-swear by God our Lord, and by these our Holy Evangelists, that I will duly discharge the Office of President, which is confided to me; that I will protect the Catholick Religion, preserve the integrity and independence of the Republick, and faithfully observe the Constitution.”
LXXI. The President shall continue in office 5 Years, and cannot be immediately re-elected.
LXXII. In case of the infirmity or absence of the President, or while a new Election is in progress, in consequence of his death, resignation, or removal, the President of the Senate shall supply his place, and shall exercise the functions belonging to the Executive Power; being in the mean while suspended from the Office of Senator. CHAPTER II.-of the form and time of the Election of the President.
LXXIII. The President of the Republick shall be elected in the following manner: In the Capital, and in each Province, a Junta of 15 Electors shall be named, with the same qualifications, and under the same forms, as for the Election of Senators.
LXXIV. The Electors of each Province being assembled in the Provincial Capital, 4 months before the expiration of the term of the Presidency, on a day which the Legislature shall fix, the Electors shall vote for a Citizen to be President of the Republick, by signed ballots.
LXXV. The voting being concluded, and the Act signed by all the Electors, it shall be transmitted by the President of the Electoral Junta, enclosed and sealed, to the President of the Senate.
LXXVI. The President of the Senate having collected all the Acts, shall open them, in presence of both Chambers.
LXXVII. Four Members of Congress, elected by ballot, being associated with the Secretaries, shall proceed immediately to a scrutiny, and sball announce the number of suffrages in favour of each Candidate.
LXXVIII. He who shall have two-thirds of all the votes, shall be immediately proclaimed President of the Republick.
LXXIX. If none of the Candidates should possess two-thirds of the suffrages of the Electors, the Congress shall proceed to conclude the Elections in the manner provided by Article XXIII, concerning the Election of Senators.
LXXX. The Election of the President of the Republick must be concluded in one Sitting, the Acts of the Electoral Juntas being afterwards printed and published.
CHAPTER III.- Of the Attributes of the Executive Power.
LXXXI. The President is the Chief of the general Administration of the Republick.
LXXXII. He publishes, and causes to be executed, the Lawsand Decrees of Congress, and provides for their execution by special Regulations.