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ART. 59. Powers of Congress.
First. To prepare the national codes and laws of a general nature; to determine the rules that shall be observed for general, provincial, and municipal elections; to issue orders for the regulation and organization of all matters pertaining to the general administration of public, provincial, and municipal affairs, and issue all other laws and decisions which it may deem proper in connection with all other matters whatsoever of public interest.
Second. To discuss and approve the budgets of Government revenue and expenditure. The said revenue and expenditure, except such as will be mentioned hereinafter, shall be included in annual budgets and shall only remain in force during the year for which they shall have been approved.
The expenses of Congress, those of the administration of justice, those for interest and redemption of loans, and the revenues with which they have to be paid shall be of a permanent nature and shall be included in a fixed budget which, shall remain in force until changed by special laws.
Third. To contract loans; but at the same time it shall be under the obligation of deciding what permanent revenues shall be necessary for the payment of the interest and redemption thereof. All action relating to loans shall require two-thirds of the vote of the total number of the members of each colegislative body.
Fourth. To coin money, specifying the standard, weight, value, and denomination thereof.
Fifth. To regulate the system of weights and measures.
Sixth. To establish rules for regulating and developing internal and foreign commerce.
Seventh. To regulate the postal service; also railroads, public roads, canals, and harbors, establishing those required by public convenience. Eighth. To establish the duties and taxes of a national character necessary for the needs of the Government.
Ninth. To establish rules and procedures for naturalization of citi
Tenth. To grant amnesties.
Eleventh. To fix the number of the land and naval forces and to determine the organization thereof.
Twelfth. To declare war and approve treaties of peace made by the President of the Republic.
Thirteenth. To designate, by means of a special law, who shall be President of the Republic in case of the removal from office, death, resignation, or incapacity of the President and Vice-President thereof.
ART. 60. Congress shall not include in the budget laws provisions that may bring about legislative or administrative changes of any other nature; nor shall it reduce or suppress any revenue of a permanent nature without establishing at the same time others in substitution thereof, except in case of reduction or suppression caused by the reduction or suppression of equivalent permanent expenses; nor shall Congress assign to any service that has to be provided for in the annual budget a greater amount than that recommended in the project of the Government; but it may establish new services and reform or give greater scope to those already existing by enactment of special laws.
SECTION SIXTH.-The initiative, preparation, sanction, and promulgation of the laws.
ART. 61. The initiative in respect to the laws is in each of the colegislative bodies without distinction.
ART. 62. Every bill which shall have passed both colegislative bodies, and every resolution of the said bodies that may have to be executed by the President of the Republic must be presented to him for approval. If he approve them he will sign them at once, otherwise he shall return them with his objections to the colegislative body in which they shall have originated; which body shall enter the said objections at large upon its minutes and will again discuss the bill or resolution. If, after this second discussion, two-thirds of the total number of members of the colegislative body should vote in favor of the bill or resolution, it shall be sent, together with the objections of the President, to the other body, where it shall also be discussed, and if the latter should approve same by like majority it shall become a law. In all the above cases the vote shall be taken by name.
If within the following ten working days after having received a bill or resolution the President shall not have returned the same, it shall be considered approved and become law.
If within the last ten days of a legislative session there should be presented to the President of the Republic any bill, and he should decide to take advantage of the entire period, in accordance with the preceding paragraph, granted to him by law for the approval thereof, he shall notify Congress on the same day of his determination, in order that the latter may remain in session, should it so desire, until the expiration of the said period. Should the President not do so, the bill shall be considered approved and become law.
No bill after being defeated in its entirety by either of the colegislative bodies shall be again presented for discussion during the same legislative session.
ART 63. Every law shall be promulgated within ten days next following the date of its approval by either the President or Congress, as the case may be, according to the preceding article.
THE EXECUTIVE POWER.
SECTION FIRST.-The exercise of Executive power.
ART. 64. The Executive power shall be vested in the President of the Republic.
SECOND SECTION.-The President of the Republic, his powers and duties.
ART. 65. The President of the Republic must possess the following qualifications:
First. He must be a native-born or naturalized Cuban citizen, and in the latter case must have served in the Cuban Army in its wars of Independence for at least ten years.
Second. He must have attained to the age of forty years.
Third. He must be in full possession of his civil and political rights. ART. 66. The President of the Republic shall be elected by Presidental electors on one single day and as provided for by law.
The term of office shall be four years, and no person shall be President for three consecutive terms.
ART. 67. The President shall take oath of office, or make affirmation, before the Supreme Court of Justice, upon taking office, faithfully to discharge the duties thereof, to comply with and enforce the Constitution and the laws.
ART. 68. The duties of the President of the Republic are:
First. He shall sanction and promulgate the laws, execute and enforce them; issue, when Congress may not have done so, the regulations for the better enforcement of the laws, and, in addition thereto, the decrees and orders which, for this purpose and for all that which pertains to the control and administration of the nation, he may deem proper, without in any case violating the provisions established in said laws.
Second. He shall convene special sessions of Congress, or of the Senate alone, in the cases specified in this Constitution or when in his judgment it may be necessary.
Third. He shall adjourn Congress whenever therein an agreement in this particular shall not have been arrived at between the colegislative bodies.
Fourth. He shall present to Congress at the opening of each legislative session and at such other times as he may deem proper a message relating to the acts of his administration, demonstrating the general condition of the Republic; and he shall furthermore recommend the adoption of such laws and resolutions as he may deem necessary or advantageous.
Fifth. He shall present to either House of Congress prior to the 15th day of November the project of the annual budgets.
Sixth. He shall furnish Congress with all the information that it may ask for in reference to all matters that do not demand secrecy.
Seventh. He shall direct diplomatic negotiations and make treaties with all nations, but he must submit same for the approval of the Senate, without which they shall not be valid or binding upon the Republic.
Eighth. He shall have the power to freely appoint and remove from office the members of his Cabinet, notifying Congress of such action. Ninth. He shall appoint, subject to the approval of the Senate, the Chief Justice and justices of the Supreme Court and the diplomatic representatives and consular agents of the Republic, with power to make pro tempore appointments of such functionaries in cases of vacancy when the Senate is not in session.
Tenth. He shall appoint such other public officers to all positions specified by law whose appointment does not pertain to any other authority.
Eleventh. He shall have the right to suspend the exercise of the powers enumerated in article 40 of this Constitution in such cases and in the manner stated in articles 41 and 42.
Twelfth. He shall have the right to suspend the resolutions of provincial and municipal councils in such cases and in the manner determined by this Constitution.
Thirteenth. He shall have the right to order the suspension from office of governors of Provinces in case of their exceeding their powers and violating the laws, reporting the fact to the Senate in such manner as may he determined, for proper action.
Fourteenth. He shall have the right to prefer charges against the governors of Provinces in the cases stated in paragraph third of arti
Fifteenth. He shall have the right to pardon criminals in accordance with the provisions of the law, except public officers who may have been convicted of crimes committed in the performance of their duties. Sixteenth. He shall receive the diplomatic representatives and recognize the consular agents of other nations.
Seventeenth. He shall have at his disposal, as Commander in Chief, the land and naval forces of the Republic, take proper measures for the defense of its territory, reporting to Congress the action taken for the purpose, and take proper measures for the maintenance of the public peace whenever there shall arise any danger of invasion or any rebellion seriously threatening public safety. At a time when Congress is not in session the President shall convene same without delay for proper action.
ART. 69. The President shall not leave the territory of the Republic without the authority of Congress.
ART. 70. The President shall be responsible before the Supreme Court of Justice for all ordinary crimes committed by him during his term of office; but he shall not be indicted without previous authority
of the Senate.
ART. 71. The President shall receive from the State a salary which may be changed at any time; but the change shall not take effect except within the Presidential periods next following that in which it may have been agreed upon.
THE VICE-PRESIDENT OF THE REPUBLIC.
ART. 72. There shall be a Vice-President of the Republic, who shall be elected in the same manner and for a like period of time as the President and conjointly with the latter. To become Vice-President, the same qualifications prescribed for President by this Constitution
ART. 73. The Vice-President of the Republic shall be President of the Senate, but shall only be entitled to vote in case of a tie.
ART. 74. In case of temporay or permanent absence of the President of the Republic, the Vice-President shall substitute him in the exercise of the Executive power. Should the absence be permanent, the substitution shall continue until the end of the Presidential term.
ART. 75. The Vice-President shall receive a salary from the State which may be changed at any time, but the change shall not take effect except within the Presidential periods next following that in which it may have been agreed upon.
ART. 76. For the exercise of his powers the President of the Republic shall have such Cabinet Ministers as may be prescribed by law, and Cuban citizens only in the full enjoyment of their civil and political rights shall be appointed.
ART. 77. All decrees, orders, and decisions of the President of the Republic shall bear the referendum of the respective Cabinet Minister, without which they shall not be enforceable and shall not be executed.
ART. 78. The Cabinet Ministers shall be personally responsible for all acts bearing their referendum and jointly and severally responsible for those which they may jointly decree or sanction. This responsibility does not exempt the President from the personal and direct responsibility which he may incur.
ART. 79. The Cabinet Ministers shall be impeached by the House of Representatives, in the Senate, in the cases mentioned in paragraph two of article 47.
ART. 80. The Cabinet Ministers shall receive a salary from the State which may be changed at any time, but the change shall not go into effect except within the Presidential periods next following the one in which it may have been agreed upon.
SECTION FIRST.-The exercise of judicial powers.
ART. 81. The judicial power shall be vested in a Supreme Court of Justice and in such other courts as may be established by law. The said law will regulate their respective organization and powers, the manner of exercising the same, and the qualifications that must be possessed by the functionaries composing the said courts.
SECTION SECOND.-Supreme Court of Justice.
ART. 82. To be Chief Justice or justices of the Supreme Court the following conditions are required:
First. To be a Cuban by birth.
Second. To have attained to the age of thirty-five years.
Third. To be in the full enjoyment of civil and political rights, and not to have been condemned to any pena aflictiva for ordinary offenses. Fourth. To possess, in addition, any of the following qualifications: To have practiced in Cuba, during ten years at least, the profession of law, or discharged for a like period of time judicial duties, or occupied for the same number of years a chair of law in an official educational establishment.
Other persons may be also appointed to the positions of Chief Justice and justices of the Supreme Court, provided they possess the qualifications required by conditions 1, 2, and 3 of this article.
(a) Those persons who may have previously held positions in the judiciary of a similar or next inferior grade for the period that may be provided for by law.