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Federal Constitution of the United Mexican States (1824)

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Spanish version

SECTION FOURTH.

Of the Attributes of the President, and the Restrictions of his Powers.

Article 110. The attributes of the president are the following:

1st. To publish, circulate, and cause to be observed, the laws and decrees of the general congress.

2d. To make regulations, decrees, and orders for the better observance of the constitution, constitutive act, and general laws.

3d. To execute the laws and decrees having for their object the preservation of the integrity of the Union, and to sustain its exterior independence, and its interior union and liberty.

4th. To appoint and remove at pleasure the secretaries of state.

5th. To watch over the collection, and decree the appropriation of the general contributions agreeably to law.

6th. To name the heads of the treasury, the general commissaries, diplomatic agents, consuls, colonels and other superior officers of the permanent army, and of the armed and active militia, with the approbation of the senate, and in the recess, by the council of the government.

7th. To appoint the other officers of the permanent army and of the armed and active militia, and the officers of the confederation observing therein the dispositions of the law.

8th. To appoint, out of three candidates proposed by the supreme court, the judges and fiscals of the circuit and district courts.

9th. To grant discharges and furloughs, and regulate the pensions of the military, agreeably to law.

10th. To dispose of the permanent army and navy and the active militia for the interior security and external defence of the nation.

11th. To dispose of the local militia for the same objects, and even employ the same beyond the limits of their respective states and territories, after previous consent of the general congress, which shall specify the force necessary, and, if congress be not in session, the council of the government shall give its consent, and make the aforesaid specification.

12th. To declare war in the name of the United Mexican States, upon a previous decree of the general congress; grant letters of marque according to the provisions of law.

13th. To make concordats with the Apostolic See, according to the terms of the 12th power of the 50th article.

14th. To direct diplomatic negotiations, and make treaties of peace, friendship, alliance, truce, confederation, armed neutrality, commerce, and all other kinds; but in order to give or withhold ratification of the same, the approbation of the general congress is necessary.

15th. To receive ministers and other agents of foreign powers.

16th. To ask of the general congress the prorogation of their sessions for thirty working days or less.

17th. Convoke extra sessions of congress when he things it necessary, and two-thirds of the members present of the council of government shall agree to it.

18th. Also to convoke extra sessions of congress, when two-thirds of the members present of the council of government think it necessary.

19th. To see that prompt and perfect justice is administered by the supreme court and other tribunals of the Union, and that their decrees be carried into effect, according to law.

20th. To suspend from their employments, for a space not exceeding three months, and deprive of not more than half their salaries for the same period, all persons employed by the Union, who violate his orders or decrees, and, if he thinks such persons should be tried, to send them before the competent tribunals.

21st. To approve or retain decrees of councils, pontificial bulls, letters, and rescripts, with consent of the general congress, consulting the senate, and, in the recess, the council of government, when they treat on subjects peculiar to the administration, and the supreme court, when on subjects of litigation.

Article 111. The president, in publishing the laws and decrees, shall use the following formula: "The President of the United Mexican States makes known to the inhabitants of the Republic, that the General Congress has decreed as follows: [here insert the text]." Wherefore, I order that the same be printed, published, and circulated and carried into effect.

Article 112. The restrictions of the president's powers are the following:

1st. The president cannot command in person the army or navy without the previous consent of the general congress, or, in its recess, the council of government, by a vote of two-thirds of the members present, and when he commands them with such permission, the vice president shall act as president.

2d. The president cannot deprive any one of his liberty, nor impose any punishment; when the welfare and security of the Union requires, he may, however, arrest persons, placing them, within forty-eight hours, at the disposition of competent tribunals.

3d. The president cannot occupy the property of any individual or corporation, nor disturb them in their possession or use of the same; and if in any case it should be necessary for some object of acknowledged utility to take the property of an individual or a corporation, it cannot be done without previous approbation of the senate, and in the recess, the council of government, always indemnifying the party the value fixed by appraisers chosen by himself and the government.

4th. The President cannot impede elections nor the other acts spoken of in the 38th article.

5th. Neither the President nor the Vice President can leave the republic during the time of their office, nor for a year afterwards.