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Federal Constitution of the United Mexican States (1824)

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Spanish version

TITLE V.

OF THE JUDICIAL POWER OF THE UNION.

SECTION FIRST.

Of the Nature and Distribution of this Power.

Article 123. The judicial power of the Union shall reside in a supreme court of justice, and in circuit and district courts.

SECTION SECOND.

Of the Supreme Court of Justice, the Election, Duration and Oaths of its Members

Article 124. The supreme court of Justice shall be composed of eleven ministers, divided into three chambers, and of one fiscal, the general Congress having power to increase this number if they think proper.

Article 125. In order to be elected member of the supreme court, it is necessary to be instructed in the science of law, in the opinion of the legislatures of the states, to have thirty-five years of age, be a natural born citizen of the republic, or born in some part of America, which prior to 1810 belonged to Spain, and which has separated from it, provided he have five years residence within the republic.

Article 126. The individuals composing the supreme court of justice shall hold the office for life, unless removed according to law.

Article 127. The election of members of the supreme court of justice shall take place on the same day, by the legislatures of the state by an absolute majority.

Article 128. The elections concluded, each legislature shall send to the president of the council of the government a certified list of the twelve individuals elected, noticing him who has been appointed Fiscal.

Article 129. The president of the council as soon as he shall have received the lists of at least three-fourths of the legislatures, shall dispose of them in the manner prescribed by the regulations of the council.

Article 130. On the day appointed for the meeting of Congress, the said list shall be opened and read, in the presence of both chambers, after which the senators shall retire.

Article 131. Immediately the chamber of deputies shall appoint by an absolute majority a committee, which must be composed of one deputy from each state, whose representatives are present, to which the lists must be sent, in order to verify the result, after which the chamber will verify the election and count the votes.

Article 132. The individual or individuals uniting more than one half of the votes given by all the legislatures, and not by those of their respective members, shall be regarded as elected, and the chamber will so declare them.

Article 133. If those uniting a majority of the suffrages spoken of in the preceding article do not amount to twelve, the same chamber shall elect successively among the individuals who have obtained the greatest number of votes of the legislatures, observing in relation to such election, what has been prescribed in the first section of Title IV, which treats of the election of President and Vice-President.

Article 134. If a senator or deputy be elected minister or fiscal of the supreme court, he will prefer such election.

Article 135. When a vacancy occurs in the supreme court, it shall be filled agreeably to the provisions of this section, information having been previously given to the governors and legislatures of the states.

Article 136. The members of the supreme court, before entering into office, shall take the following oath before the president of the republic; "Ye swear by God our Lord to conduct yourselves faithfully and legally in the discharge of the duties confided to you by the nation, and if you act thus God will reward you, if not, punish you."