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Federal Constitution of the United Mexican States (1824)

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Spanish version

SECTION FOURTH.

Of the Economical Functions of the two Chambers and of the Prerogatives of their Members.

Article 34. Each chamber in its preparatory boards, and in all which has reference to its interior government, will observe the regulations which shall be formed by the present congress, without prejudice to such reforms, which may in future be introduced, if both chambers shall deem it proper.

Article 35. Each chamber is judge of the elections of its respective members, and shall resolve all doubts which may arise relative to the same.

Article 36. The chambers cannot open their sessions without the concurrence of more than half of all the members elected; but the members present of both chambers ought to unite on the day indicated by regulation for the interior government of both, and compel respectively their absent members to attend under the penalties prescribed by law.

Article 37. The chambers shall communicate with each other and with the executive power by means of their secretaries, or by means of deputations.

Article 38. Each of the chambers in their capacity of grand jurors can take cognisance of the following offences, viz:

1st. Of the President of the Union, for the crimes of treason against the national independence, or the established form government, and for bribery and corruption committed during the period of his employment.

2d. Of the same president; for acts manifestly intended to hinder the elections of presidents, senators and deputies, or to prevent them from serving in their respective employments during the periods pointed out by the constitution, or for preventing the chambers from exercising any of the powers conferred on them by the constitution.

3d. Of the members of the supreme court of justice, and the secretaries of the departments; for any offences committed during the time of their holding their employments.

4th. Of the governors of the states; for infractions of the constitution, the laws of the Union, or the orders of the President of the Federation, which are not obviously contrary to the constitution and the general laws of the Union, and also for the publication of laws or decrees of the legislatures of their respective states contrary to the same constitution and laws.

Article 39. The Chamber of Representatives shall be exclusive grand jurors, when the President and his ministers shall be accused of acts in which the senate and the council of government have intervened by virtue of their attributes. The same chamber shall also serve as grand jurors in all cases where the vice president shall be accused of any offence committed during the time of holding his office.

Article 40. The Chamber before which may have been made the accusations spoken of in the preceding articles, shall form itself into a grand jury, and shall declare by vote of two-thirds of its members present, if there be sufficient cause for having the accused tried, in which event he shall be suspended from office, and the cause sent to the competent tribunal.

Article 41. Every deputy and senator has the right of presenting in writing propositions and projects of laws or decrees in his respective Chamber.

Article 42. The deputies and senators are not responsible for any opinions which they may express in the discharge of their employments, and they can never be called to account for the same.

Article 43. In criminal prosecutions brought against the senators or deputies from the day of their election, until two months after they shall have discharged their functions, the former cannot be accused except before the Chamber of Deputies, and the latter, except before the Senate, and in the event of similar accusations the Chamber shall form itself into a grand jury, for the purpose of determining if there be any foundation for such accusation.

Article 44. If the Chamber, constituting the grand jury in the cases mentioned in the preceding article, should declare by the vote of two-thirds of the members present, that the accusation is well founded; the accused remains suspended from his employment, and placed at the disposal of the competent tribunal.

Article 45. The compensation of the deputies and senators shall be determined by law, and be paid by the General Treasury of the Confederation.

Article 46. Each Chamber as well as the boards spoken of in the 36 art., may issue such orders as it deems convenient, in order to carry into effect any resolutions adopted by virtue of the function, delegated to each by virtue of articles 35, 36, 39, 40, 44 and 45 of the constitution, and the President of the United States ought to cause them to be executed, without possessing the right of making any observations on their tenor.