Tenth, to dispose of the permanent armed force by sea and land, and the active militia for the security of the interior and defense of the exterior of the Federation. Eleventh, to dispose of the local militia for the same purposes, but to take them out of their respective States or Territories, it will require the previous consent of Congress, who will also designate the force necessary.
Should Congress not be assembled, the consent of the Council of Government will be necessary, and who will also designate the number. Twelfth, to declare war in the name of the United Mexican States, after a previous decree of Congress to that effect, and to grant commissions to privateers in conformity with the laws.
Thirteenth, to celebrate covenants with the Apostolic Chair, as designated in clause 12th of Article Fourteenth, to direct diplomatic negotiations, and to celebrate treaties of peace, amity, alliance, truce, federation, armed neutrality, commerce, and all others, but to give or deny the ratification of any of them, requires the approbation of the general Congress.
Fifteenth, to receive ministers and other envoys from foreign nations. Seventeenth, to assemble Congress for extraordinary sessions, as he may deem the case necessary, by the consent of two-thirds of the Council of Government present. Eighteenth, also to assemble an extraordinary session of Congress, when the Council of Government shall deem it necessary and the vote of two-thirds of the members present is given to that effect.
Nineteenth, to see that justice is promptly and impartially administered by the Supreme Courts, Tribunals, and inferior courts of the Federation, and that their sentences be executed according to law. Twentieth, to suspend from their employment, for the space of three months, and deprive one-half of their pay for the same time, all officers belonging to the Federation, violators of its orders and decrees; and should there be cause for a prosecution against such officers, he shall place the subject before its proper tribunal.
Twenty-first, to grant the passage, or retain the decrees of the Ecclesiastical Councils, Pontificate Bulls, Briefs and Rescripts, with the consent of the general Congress, if they contain general dispositions to be laid before the Senate, or in its recess, before the Council of Government, if containing governmental business, and before the Supreme Court of justice, if it is a subject of litigation.
The President, in publishing laws and decrees, shalt use the following form: "The President of the United Mexican States, to the inhabitants of the Republic.
Knowing, that the general Congress have decreed the following: here the subject: Therefore, I command that it be printed, published, and circulated, and that due compliance be given it. The restrictions of the faculties of the President are the following: First, the President cannot take command of the forces by sea or land in person, without the consent of the general Congress, or should it not be in session, without the Council of Government, by a vote of two-thirds of the members present.
When he takes command of these requisites, the Vice President shall administer the government. Second, the President has not the right to deprive any one of his liberty nor inflict punishment on any individual but when the safety of the Federation requires it, he can arrest any person provided he places the person, arrested, within 48 hours, at the disposition of the competent judge or tribunal.
Third, the President cannot occupy the property of any individual or corporation, or disturb the possession, use or benefit of it; and should it be necessary for the public good, to take the property of any individual or corporation, it will require the approbation of the Senate, or in its recess, the approbation of the Council of government, indemnifying the party interested, by the decision of men chosen by the party and the Government.
Fourth, the President cannot impede the elections and other acts expressed in the last clause of the 38th article. During the recess of Congress there shall be a Council of Government, composed of one-half of the members of the Senate, one for each State.
For the first two years, this Council of Government shall be composed of the first members elected by their respective legislatures and the succeeding year by the oldest members. This Council shall have for President, the Vice-President of the United States, and also have the power to elect a President pro tem to fill the vacancy occasioned by the absence of the other.
The attributions of this Council are the following: First, to see that the Constitution is strictly observed, and the constitutional act, and general laws, and to give their advice in any incident relative to these objects. Second, to lay before the President any observations conducive to the better enforcement of the Constitution and laws of the Union.
Third, to determine of themselves only, the advice of the President, and the calling of extraordinary sessions of Congress; but in either, it shall require the vote of two-thirds of the counselors present, as stated in attributions 17 and 18 of Article Fourth, to grant their consent to the calling out of the local militia, in the manner stated in Article , attribution Fifth, to approve the appointment of officers designated in attribution six of Article Sixth, their consent in the case referred to in Article , restriction first.
Seventh, to name two individuals who shall, in conjunction with the Chief justice of the Supreme Court, provisionally exercise the Supreme executive power as prescribed in Article Eighth, to administer the oath stated in Article , to those individuals of the Supreme executive power, in the terms provided in this Constitution.
Ninth, to give their opinion on subjects referred to them by the President by virtue of the 21st faculty of Article , and all business wherein he may consult them. For the despatch of government business of the Republic, there shall be the number of Secretaries of State which Congress by a law may establish.
All the regulations, decrees, and orders of the President, must be signed by the Secretary of State of the departments to which the subject belongs, and without this prerequisite they shall not be obeyed. The Secretaries of State shall give to each House, as soon as their annual sessions are opened, an account of the state of their respective departments. The Secretaries of State shall be responsible for the acts of the President, unauthorized by their signatures, contrary to the Constitution, constitutional act, and general laws and constitutions of the States.
To be a Secretary of State it is necessary to be a Mexican citizen by birth. The Secretaries of State shall form a regulation for the better distribution and direction of their duties, which shall be passed by the Government to the Congress for their approbation. The judicial power of the Federation shall reside in one Supreme Court of justice, and in the Circuit and District Courts.
The Supreme Court of justice shall be composed of eleven members divided into three halls, and one Attorney General. Congress may augment or diminish its number as it may deem necessary. To be elected a Judge of the Supreme Court of Justice, it is necessary to have been instructed in the science of public rights, according to the judgments of the Legislatures of the States, to be 35 years of age, to be a native born citizen of the Republic, or born in any part of America, which in , was dependent on Spain, and has separated from her, provided they have been five years resident within the territory of the Republic.
The Judges of the Supreme Court of Justice shall bold their offices during good behavior, and can only he removed in the mode prescribed by the laws. The election of the Judges of the Supreme Court of Justice shall he made on the same day by the Legislatures oft he States, by an absolute majority of votes. The elections concluded, each Legislature shall remit to the Council of Government a certified list of the twelve persons elected, designating which one of them was elected the Attorney General.
The President of the Council, as soon as be shall have received the lists from at least three-fourths of the Legislatures of the States, shall give them direction indicated by the rules of the Council.
On the day designated, the Congress shall open and read the said lists in presence of both Houses united, after which the Senate shall retire. In continuation, the House of Representatives shall appoint, by an absolute majority of votes, a committee, which shall he composed of one member from each State, from which there was any member present, to which committee the said lists shall be passed, who will revise and examine them, and render an account of the result; and the House shall then proceed to class the election and count the votes.
The individual or individuals who may have received more than half the votes of the whole number of the Legislatures, without regard to the number of votes given by their respective members, shall be considered elected; and the declaration of the House to that effect shall immediately entitle them to their seats.
Should those who may have received the necessary majority of votes agreeably to the last article, not amount to 12, the House shall elect the balance from those who had the highest number of votes before the Legislatures observing in every thing relative to these elections the provisions of the first section of the 4th title, which treats of the election of President and Vice President.
Should a Senator or Representative be elected a Judge of the Supreme Court of Justice, his election to that office shall be preferred over the other. When a vacancy occurs in a Supreme Court of Justice by perpetual inability, it shall be filled agreeably to this section, after a previous notification given by the Governor to the Legislature of the state of said vacancy. The members of the Supreme Court of Justice or entering upon the exercise of the office shall take an oath in the presence of the President of the Republic, in the following form"You swear to GOD our LORD, faithfully to discharge the duties and obligations confided to you by the nation-if you do this GOD will reward you, if otherwise he will punish you.
The attributions of the Supreme Court are the following: First, to take cognizance of the difference which may arise between one and another state of the Federation, whenever it embraces a subject of litigation in which there must be a formal sentence, and those that arise between one state and one or more inhabitants of another, or between individuals about pretensions to lands under concession from states, without depriving the party of the right of reclaiming the concession from the authority which granted it.
Second, to terminate all disputes which arise, or contracts or negotiations made by the Supreme Government or its agents. Third, consult relative to publishing or retaining of Pontifical Bulls, Briefs, and Prescripts issued in matters litigant. Fourth, adjust any dispute that may exist among the tribunals of the Federation, and between these and those of the states, and these which may arise between the tribunals of one state and those of another. Fifth, to take cognizance; First, of the prosecution moved against the President and Vice President according to articles 38 and 39, after the previous declaration in article Second, of the criminal prosecutions of the Representatives and Senators, indicated in article 43, after the previous declaration required in article Third, of those against Governors of the states in the cases spoken of in article 38, in its third part, after the previous declaration required in article.
Fourth, of those of Secretaries of State in conformity with articles 38 and Fifth, of the civil and criminal affairs of the Diplomatic Ministers and Consuls of the Republic. Sixth, of the Admiralty cases, captures by sea, land, and contraband, of crimes committed on the high sea, of the offences against the United Mexican States, of those employed in the Treasury and Judiciary of the Federation, and of the infractions of the Constitution and general laws, as may be provided for by law.
A law shall regulate the mode and grade by which the Supreme Court of Justice shall take cognizance of the cases comprehended in this section. In order to Judge the members of the Supreme Court, the House of Representatives shall elect, voting by States, in the first month of the ordinary sessions of each biennial, twenty-four individuals not appertaining to the general Congress, and who shall possess the qualifications required for Judges of the Supreme Court, from these there shall be elected by lot an Attorney General, and an equal number of Judges equal to that which composes the first Hall of the Court, and whenever it may be necessary the same House shall proceed, and in its recess, the Council of Government, draw in the same manner Judges of the other Halls.
In order to be a Circuit Judge it is necessary to us a citizen of the Federation, and thirty years of age. By a law, shall be designated the number of these Tribunals, their respective jurisdictions, the mode, form, and grade, in which they must exercise their powers in these and other matters which come under the cognizance of the Supreme Court of Justice.
In order to be a District Judge, it is necessary to be a citizen of the United Mexican States, and twenty-five years of age. The Judges shall be appointed by the President, proposed by the Supreme Court.
In each one of the States of the Federation, full faith and credit shall be given to the acts, registers, and proceedings; of the judges and other authorities of the other States.
The general Congress shall regulate the laws by which said acts, registers, and proceedings shall be authenticated. The sentence of infamy shall not extend beyond the criminal that may have merited it according to law. There is forever prohibited all judgements by commission and all retroactive laws. No authority shall apply any form of torture, whatever may be the nature or state of the prosecution. No one shall be imprisoned, unless there is reasonable ground to suppose him criminal.
No authority shall give an order for the search of any houses, papers, and other effects of the inhabitants of the Republic, except in the cases expressly provided for by law, and in the form which it designates. No inhabitant of the Republic shall be compelled to take an oath relative to his own acts in criminal affairs. The military and ecclesiastics will remain subject to the authority under which they actually are, according to the existing laws.
No suit can be instituted, neither in civil or criminal cases, for injuries, without being able to prove, having legally attempted, the means of conciliation.
None can be deprived of the right of terminating his differences by means of arbitrators appointed by each party, whatever may be the situation of the controversy. TITLE 6th. The government of each State shall be divided for its exercise in three powers, Legislative, Executive, and Judicial, and never can be united two or more of these in one corporation or person, nor the Legislative deposited in one individual.
The legislative power of each State shall reside in one Legislature, composed of the number of individuals which their respective constitutions may determine, to be elected popularly, and removable in the time and manner which said constitutions may designate.
The person or persons to whom the States confide their executive power, cannot exercise it except for a definite time, which shall be fixed by their respective constitutions. The judicial power of each state shall be exercised by the Tribunals that the Constitution may establish or designate, and all cases, civil or criminal, which appertain to the cognizance of those Tribunals, shall be conducted in them to final judgment and execution.
Each one of the States is obliged-First, to organize its interior government and administration, without opposing this Constitution nor the constitutional act. Second, to publish by means of their Governors, their respective Constitutions, laws and decrees. Third, to obey, and cause to be obeyed, the Constitution and general laws of the Union, and treaties made and those that henceforward may be made, by the supreme authority of the Federation with any foreign Power.
Fourth, to protect its inhabitants in the free use and liberty which they have to write, print, and publish their political ideas, without the necessity of license, revision, or approbation previous to publication, always taking care to observe the general laws on the subject. Fifth, to deliver immediately, the criminals of other states, to the authority which reclaims them. Sixth, to deliver the fugitives of other states, to the person that justly reclaims them, or compel them in some other mode to satisfy the interested party.
Seventh, to contribute for the consolidation and extinguishment of the debts acknowledged by the general Congress. Eighth, to remit annually to each one of the Houses of Congress, a general, circumstantial, and comprehensive note, of the ingress and egress in all the treasuries they may have in their respective districts, with a relation of the origin of one and the other, of the situation in which are found the branches of industry, agriculture, commerce and manufactures, of the new branches of industry which they can introduce and extend, designating the means by which it can be obtained, and of their respective population and means of protecting and augmenting it.
Ninth, to remit to both Houses, and in their recess, to the Council of Government, and likewise to the Supreme Executive Power, authorized copies of the constitutions, laws and decrees. None of the States can-First, establish, without the consent of the General Congress, any tonnage duty, nor other port duty.
Second, impose, without the consent of the general Congress, contributions or duties on importations or exportations, whilst the law does not regulate it as it must do. Third, hold, at no time, a permanent troop nor vessels of war, without the consent of the general Congress. The president could prolong the regular session for an additional thirty days and could call extra sessions.
Deputies in the lower house served two years, while senators were selected by their state legislatures for four-year terms. The judicial power was vested in a Supreme Court and superior courts of departments and districts. The Supreme Court was composed of eleven judges and the attorney general. There was no particular effort to define the rights of the states in the confederacy.
They were required to separate executive, legislative, and judicial functions in their individual constitutions, which were to be in harmony with the national constitution, but local affairs were independent of the general government. Stephen F. The Anglo-Americans in Texas were not represented, and the instrument was never submitted to a vote of the people for ratification.
The Supreme Court was composed of eleven judges and the attorney general. There was no real effort to define the rights of the states in the confederacy.
They were required to separate executive, legislative, and judicial functions in their individual constitutions, which were to go along with the national constitution, but local affairs were independent of the federal government. Stephen F.
Austin met with the Mexican leaders who wrote the Constitution of
0コメント