The Constitution of Venezuela (1819), also known as the Constitution of Angostura (and official name: Political Constitution of the State of Venezuela; Spanish: Constitución Política del Estado de Venezuela) was written by El Libertador of Venezuela, Simón Bolívar, and is the first constitution destined to the region of Venezuela within the Gran Colombia. It contains 12 Titles, a decree and an appendix related to moral power. It specified to the Venezuelans their rights, their duties, the sovereignty of the people, and the distribution of powers in the region as well as the division of society into Active Citizen (with the right to vote) and Passive Citizen (without the right to vote); however, both classes enjoyed the same rights.
Rights and Duties of Venezuelans
Rights Source:
The right to expression and free thought, as well as the freedom to make them public using any means (taking responsibility for their words and applying penalties if it violates the "public tranquility, good customs, life, honor, esteem and individual property"). It makes no direct reference to slavery, nor to its abolition, but expresses that "in no case can man be alienable property". Freedom to engage in industry. To freely dispose of and enjoy his property, the fruits of his labor, and no one may deprive him of them. The right to work for everyone who is "able to contract". Every house is inviolable asylum of every citizen (unless there is a case of flood, fire or other tragedy that arises, and needs the help of the inhabitant; likewise, when some legal procedure needs investigation, this, under the laws and all responsibility will fall on the authorities that so decree). Visits and constructions inside the property/home can only be made during daylight hours. No citizen should be deprived of liberty for claiming their rights, as long as it is individually, it is considered an attempt against public safety, if acts of protest are carried out with a single purpose, of a citizen inciting such protest; if it is a common purpose of several citizens, a written letter must be presented. Every citizen is innocent until proven guilty, cannot be tried, sentenced, or punished for crimes they have not committed, and without first being heard or legally summoned. Any lawful act, done by an authority towards any individual, outside the cases and forms of the law, is a crime, and the same must be punished, according to what is established by law. All harvest shall belong to the citizen who harvests it.
Duties It stipulates that every citizen must comply with the laws and enforce them on other citizens.
Citizens TypePrivilegeRequirementsActiveAll those stipulated in the constitution in its Title 1 and Title 4, in addition to the Right of Suffrage. To be born in the territory of the Republic, and to have domicile or neighborhood in any district; Be married or older than twenty-one years of age To know how to read and write; but this condition will not take place until the year 1830. To possess a real estate property with a value of five hundred pesos in any part of Venezuela. The lack of this property will be made up for by having some degree, or public approval in a science, or liberal or mechanical art; or some employment with an income of three hundred pesos per year.PassiveAll those stipulated in the constitution in its Title 1, except the Right to Suffrage.The opposite of the Active CitizenForeignerAll those stipulated in the constitution in its Title 1 and Title 4, in addition to the Right of Suffrage. (not necessarily) Carta de naturaleza in reward of some important service done to the Republic (in reward of some important service done to the Republic, they will also be active citizens, if they are of the age of the natural born, and if they know how to read and write). That being twenty-one years of age, they know how to read and write; That they have resided in the territory of the Republic for one continuous year, and are domiciled in some district; That they have manifested their intention to settle in the Republic, marrying a Venezuelan, or bringing their family to Venezuela; And that they possess a real estate property with a value of five hundred pesos, or that they exercise some science, liberal art, or mechanics.Military (Venezuelan or foreigner)All those stipulated in the constitution in its Title 1 and Title 4, in addition to the Right of Suffrage. To have fought in the war of independence
Loses active citizenship rights
Anyone who is absent from the territory of the Republic for four continuous years, not being on commission, or in the service of the Republic, or with a license from the Government; Whoever has suffered an afflictive or infamous penalty, until rehabilitation; Whoever has been convicted and condemned in a trial for having sold his suffrage, or bought that of another for himself or for a third party, whether in the primary assemblies, in the electoral assemblies, or in others.
The exercise of active citizenship is suspended
In the insane, furious, or demented; In failed debtors and vagrants, declared as such; In those who have an open criminal case until they are declared acquitted, or sentenced to a penalty that is neither afflictive nor infamous; The debtors to public funds with a term served; And those who, being married, do not live with their wives without legal reason.
Legislative Power Preceded by the General Congress of Venezuela, composed of an equal number of Senators and Representatives:
The President of the Republic and the President of the House of Representatives, shall take the oath in the presence of the Senate in the hands of its president, and the latter shall in turn take the oath in the presence of the same Senate in the hands of the President of the Republic. The Senators and Representatives shall do so before their respective Presidents.
Senators They are chosen during the first constituent process; Bishops may also be senators, in which case, honorary.
Requirements
Active citizen Thirty years of age; Ten years of residence in the territory of the Republic, immediately prior to the election, unless his absence has been on commission, or in the service of it. Until the year 1825, it will suffice to have undertaken the campaign of 1816, and to have continued his services until the day of the election; A property of eight thousand pesos in real estate, or the income corresponding to this capital;
Functions
To hear infractions of the Constitution as a result of an accusation proposed by the chamber; To qualify the qualities required in Articles 6 and 7 of this same section for senators; To exercise the natural power of a Court of Justice to admit accusations, hear, judge, and sentence: First. To the President of the Republic, to the members of Congress, and to the members of the Court of Justice in the cases expressed in the Constitution; Second. To any of the employees whenever they are accused by reason of their duties. To receive the elections of the electoral assemblies for President and Vice President of the Republic, and to summon the House of Representatives to verify the scrutiny of the votes, in accordance with Title 7.
The representatives They are elected every four years, through an electoral period, every November, which begins with the Parish Assemblies every November 1, where the parish electors are elected (1 elector for every 500 inhabitants of the parish), then the Electoral Assemblies, every November 15, where the parish electors, previously elected, will vote and elect the parish representatives and their alternates (1 representative for every 20,000 inhabitants of the parish). Every 10 years, their elections are held by all the people, without the need for parish electors.
They have the power, every 10 years, to request a revision of a certain article or title of the constitution, to discuss and adjust said article.
Requirements
Active citizen The age of twenty-five years old; Five years of residence in the territory of the Republic, immediately prior to the election. The condition of residence required here for Representatives does not exclude those who have been absent in the service of the State nor those who have remained outside of it with the permission of the Government on their own business, provided that their absence has not exceeded three years; And a property of five thousand pesos in real estate, or income of five hundred pesos annually, or the profession of a liberal science or art.
Functions and Duties
The Chamber is responsible for overseeing public education and its progress. It has the right of inspection over all the employees of the Republic, and can accuse both the principal and the inferiors before the Senate, Any law on contributions, or taxes has its initiative exclusively in the House of Representatives. They cannot receive orders, nor particular instructions. It elects from among its members a President and a vice-president for the duration of its sessions, and appoints from among its members a Secretary and such officers as it deems necessary for the performance of its work, and assigns to these employees such salaries or gratuities as it deems necessary.
Elections
Parish Assemblies They are convened every 4 years, on November 1, by a Departmental Agent or by the citizens of the parish, it is composed of all the active citizen of the parish, the voting lasts 4 days and then the Assembly is dissolved. In this Assembly the following positions are elected: ChargeFunctionTerm of officeElectionRequirementsElectorsElecting the senate representativeUntil November 14, that is, on the day of the elections of Representatives1 elector for every 500 citizensTo be an active citizen, to be older than twenty-one years of age, and to be a resident of one of the Parishes of the department where the elections are to be held; and to possess real property of the value of one thousand pesos, or to enjoy a job with an annual income of five hundred pesos, or to be the usufructuary of property that produces an annual income of five hundred pesos, or to profess a science, or to have a scientific degree.Department JudgeReceive the facts transmitted by the Justice of the Peace, and take the corresponding measures in accordance with the Law.4 years, November 1, that is, the day the new Parish Assembly is convened.1Active citizen and to be a lawyer of the republic.
Electoral Assemblies These are convened every four years, on November 14, by the prefect in the capital of the department, where the following functions are carried out:
To elect the President of the Republic Appoint the representative or representatives corresponding to the department, and an equal number of alternates to replace them in case of death, resignation, dismissal, serious illness, and necessary absence. To examine the record of the parish elections for municipal members: to scrutinize all the suffrages of the parishes; and to declare legitimate the appointment of the constitutional number of neighbors who have an absolute majority of votes. If none has reached it, the assembly will take a number triple the constitutional number among those who have more suffrages, and will choose from these the municipal members; but if only some are lacking, it will take only the triple number of those who are lacking, and their election will be reduced to these. To declare as Justice of the Peace of each Parish the citizen who has gathered the absolute majority of votes of his respective Parish, or to elect him among the three who have obtained the highest number of votes. To make the same declaration, or the same election, regarding the Departmental Judge. To draw up the list of jurors for each parish, and to enter therein the names of the twenty-four neighbors who have obtained a majority of the votes in their respective parishes.
The following officers are elected