The action of the congress in that sense was limited, though fruitful in other aspects; it declared independence on July 9, 1816. The 1853 constitution was a fundamental step towards Argentine unity. The congress also ordered San Martín and Manuel Belgrano to return to the capital with their armies, to defend the authority of the Directory. To calm that opposition, Urquiza gave Pujol and Santiago Derqui the assignment of elaborating a constitutional project that would be less harsh to the porteño interests. The federalization of Buenos Aires didn't effectively take place until 1880, when the League of Governors, headed by Julio Argentino Roca, finally imposed it by the use of arms, against the porteño Bartolomé Mitre. Nevertheless, the affirmation of the sovereignty of the Convention over the territories of Buenos Aires and Buenos Aires Province was made explicit in several articles, including the 3rd, 32nd, 34th, and 42nd. Sancionada: Diciembre 15 de 1994. On the contrary, those more influenced by Alberdi and the ideas of the Generation of 1837 pleaded for the freedom of cults, pointing out that it would favour immigration to Argentina, would simplify the relations with foreign nations, and that the conscience was not a matter of legislation but of public acts. Others have charged the introduction with being overtly influenced by the United States Constitution, instead of earlier models found in Argentine history. After several modifications to the original constitution and the return of power to Buenos Aires' Unitarian Party, it was sanctioned in May 1853 by the Constitutional Convention gathered in Santa Fe, and was promulgated by the provisional Director of the national executive government Justo José de Urquiza, a member of the Federalist Party. The incompatibilities inside the exercise of the legislative function extended to the priesthoods regular functions—in view of the vote of obedience that links the clerics with their superiors—and the activity in the executive power, as ministry or any other positions alike, unless with special authorization. Argentina. It would not be until immigration produced its effects and mobilized the masses against the oligarchy that this order would be altered. This new assembly was to be directed by Quiroga, who even used the writings of the young author of Bases, Juan Bautista Alberdi, for the 1853 constitution project. The negation of sharing those profits for the national finances had always been one of the main points of controversy between Urquiza and the oligarchy of Buenos Aires; at the same time it confronted the interests of the businessmen of the city, supporters of a liberal commerce, and the artisans and small industries of the interior, who without any kind of protection or importations restrictions could not compete and develop. Su texto es el siguiente: Contenido. La constitución de la Confederación Argentina se inicia con el siguiente Preámbulo que enumera los fines generales de la Constitución: 0 Even though most provinces already had their own constitution which could have been used as a model, these were judged inconvenient for the national organization, for they followed a centralised model whereas the delegates wished to procure a federal organization. The interpretation that the revisionists make of this posture in terms of direct personal interest — the illustrated bourgeois was at the same time holder of the porteño commercial capital, that directly benefited from the importation of goods; in several instances the visible hand of foreign business interests influenced the invisible hand of the free market, offering support both economic and social to political elements which would be more amenable to their economic interests. Articles 71 to 90 contained the stipulations related to the executive power. The convention, which was held in Santa Fe followed the precedent set by the 1787 Philadelphia Constitution.[5]. The president of the convention was Zuviría, who received his doctorate in law at the National University of Córdoba and was a participant in the redaction of the first constitution of its province on August 9, 1821. San Martín held his troops in Rancagua (present Chile) and dictated the Act of Rancagua, for which he ignored the authority of the Directory after such orders. The final text consisted of a preamble and 107 articles, organised in two parts: one on the rights of the inhabitants, and one on the organization of the government. The constitution didn't recognize in any way the existence of political parties, though very much likely to occur at the verge of the country's political organisations. Facundo Zuviría, in his speech following the original declaration said "You have just exercised the most grave, most solemn, most sublime act that is given to a man in his moral life". The quorum for this second election was three-quarters of the congressmen. 97 0 obj <> endobj The incorporation of Buenos Aires to the Confederation required the suspension of the constitution and the resignation of the custom rights. After Salvador María del Carril and Eduardo Lahitte had left, the assembly as ordered by the Buenos Aires government installed after the revolt, the members of the Constitutional Convention were: Some of the delegates were not native to the provinces they represented, and others had not resided in them for a long time, which the opposition of Buenos Aires exploited, calling them alquilones (rentals). [2] It established, for instance, a Republican division of powers, a high level of independence for the provinces, and a federal power controlled by a strong executive government yet limited by a bicameral national congress to equilibrate the population's representation with equity among the provinces. The tension was finally broken at the Battle of Cepeda of 1820, when the united tropes of the provinces defeated the Director José Rondeau. First constitution of Argentina approved with the support of the governments of the provinces, sanctioned in May 1853. This attitude became evident in 1847 when Alberdi, from exile, invited the members of the exiled intellectual ambient to collaborate with Rosas to intercede for the desired constitution. [7] The free market would give way to a specialisation of the countries in their areas of comparative advantage, resulting in the common improvement. The constitution expressly dictated that the legislative function should be remunerated. The members of the Generation of '80 especially praised the fact that the Constitution had established a European-style liberal political regime. To understand the fractions that converged in the dictation of the 1853 constitution, two aspects have been distinguished that the conventional historiography has simplified in the dichotomy between Federals and Unitarians. The presidential mandate would last six years without the possibility of reelection until a whole presidential period had taken place, and under no circumstances could the mandate extend for more than six years since the original assumption date of the position. Uno de ellos es que ese texto normativo expresa los ideales de una comunidad política que forman parte de su identidad y le dan sentido. The 31 articles of the first part, entitled Declaraciones, Derechos y Garantías, established the fundament of the political regime; it is in this section in which the difference with the 1826 constitution is most visible. The decision of opening the congress in August of the following year was communicated to the rest of the provinces. 1983, rev. Integración. The provinces that were directly represented were: Entre Ríos by Urquiza; Buenos Aires by López y Planes; Corrientes by Benjamín Virasoro; Santa Fe by Domingo Crespo; Mendoza by Pascual Segura; San Juan by Nazario Benavides; San Luis by Pablo Lucero; Santiago del Estero by Manuel Taboada; Tucumán by Celedonio Gutiérrez; and La Rioja by Vicente Bustos. ISBN 978-987-4196-25-5 1. It was approved in 1853 by all of the provincial governments except Buenos Aires Province, who remained separate from the Argentine Confederation until 1859. On December 3 of that year, the provisory regulation was sanctioned. Later laws established a uninominal system of votes by circumscriptions, such as the Law 4161/02 of "restricted suffrage"; the Law 8871/12 or Sáenz Peña Law for which the majority or first minority would have two-thirds of the seats, giving the rest to the following most voted party; the Law 14032/51 that again installed a uninominal system, and finally the proportional system of D'Hont. On September 22 they would revoke their adhesion to the treaty, and rejected the authority of Urquiza. It formally introduced the division of powers of the republican system, the political representation and federalism; it set the establishment of a federal capital; the authority of each province to dictate its own constitution and their autonomy in internal issues except in cases of insurrection or foreign attack; the political, judicial and customs unity of the country; and the fundamental rights of the citizens. Nevertheless, if less than two-thirds of the members of each chamber insisted on the approval of the law, the executive power had to forcefully promulgate it. One of the most controversial issues was the customs taxes, which with being Buenos Aires having the main deep-water port of the country, and the only one with active traffic of goods with Europe, were collected almost entirely in that city. With the Declaration of Independence in 1816, the first juridical bases had a marked Unitarian characteristic. The chambers had the power to question the ministers of the executive power, convoking them to present at them. The possibility of developing models of provincial powers different from that of Buenos Aires was gone, and with it the effective federalism of the constitution. Alberdi, usually considered liberal by revisionists and therefore an enemy of the country's interests, harshly criticised Urquiza from his exile, who left the national structure in hands of the porteños, and of Mitre, who used in the years of the police war against the provinces and in this action the achieved triumph of extreme liberalism of the capital over the integrationist federalism of the provinces of the littoral.[13]. When the historical revisionism —criticising the devastation of the national industry, the flourishing of large estates, and the internal colonialism resulting from the liberal politic of the Generation of '80— revised the origins of constitutional text, it referred to the same general criteria idea but in an inverse sense. Fue aprobada con el apoyo general de los gobiernos provinciales, con la importante excepción del Estado de Buenos Aires, que se mantuvo separado de hecho de la Confederación Argentina hasta 1859. Article 29, finally, transmitted the constitutional dispositions of the recent history, forbidding the concession of the sum of public power to any functionary, which had allowed Rosas to reach and sustain his second government. La Constitución Nacional de 1853 fue originalmente llamada Constitución de la Confederación Argentina. The number of deputies was fixed to one per 20,000 inhabitants, or fraction not smaller than 10,000; it was expressly authorised that these figures would be adjusted by the congress after each national census, though the relation could only be incremented. �I�$o���3A�7���¹ H��P�j8~R�p���I��ВDD��B�!�@��N6���DU����R0��e^�=vF��[涖� _���ec�(}hP���z���\t�4^�x΃Ey� The ministerial referendum was necessary for the government decrees. The law for a federal capital was finally approved with prescriptions for the case of being unable to immediately set the capital in Buenos Aires, as indeed happened. 80 p. ; 30 x 21 cm. It was, after all, rejected by Buenos Aires, and questioned by some of the most traditionalist constitutional delegates. To approve a political trial, two-thirds of the chamber of deputies had to agree on the petition presented by one of its members. That being a civilization that was founded from; the displacement of the aboriginals, the massive sacrifice of gauchos and morenos conscripted for the successive wars of the Triple Alliance and the Conquest of the Desert, the brutal accumulation of lands for the formation of latifundios or large estates for agricultural export, and the destruction of the emerging national industry and the systematic electoral fraud. Bernardino Rivadavia, minister of governor Martín Rodríguez, redesigned the project of constitution of 1819 in more republican terms: The Argentine Constitution of 1826 was approved by the legislature of Buenos Aires on September 1, 1826, but rejected by the rest of the provinces. Among these were the legislation on commerce and navigation; the customs' impositions or weight rights; emission of currency unless delegation of the central government; the establishment of civil, commerce, penal and mining codes; citizenship legislation; gathering of war troupes; and the direct actuation with foreign states, including the Vatican. These last two introduced the division of powers on the model of the French Revolution, though still strongly centralist, delegating most of the public power to the hands of a central executive branch, with its seat in Buenos Aires. It was approved in 1853 by all of the provincial governments except Buenos Aires Province, who remained separate from the Argentine Confederation until 1859. The Supreme Court defined by the Constitution of 1853 never became reality, even though Urquiza designated in 1854 its members, among which were Facundo Zuviría and Martín Zapata. The lack of definitions from the Assembly, after two years of deliberations, was one of the arguments from which Carlos María de Alvear proposed the creation of a temporal one-man regime, known as Directorio (Directorate). The similarity of the constitutional text with that of the United States was not welcomed by all the congressmen; Zuviría read, at the inauguration of the sessions of April 20, a long speech against the indiscriminate application of foreign principles to a country whose organization, he said, was not habituated to it. The Senate had exclusive competence in the initiatives of constitutional reform, and the judicial function during a political trial. The assassination of Quiroga in Barranca Yaco put an end to the initiative of the caudillos of the interior. Sarmiento and Roca describe the constitution as a means to modernise the country through free commerce, European immigration, the abolition of provincial political leaderships, and the dislocation of the traditional cultures inherited from Spain and adapted during centuries to the local peculiarities. Later authors, some of them close to revisionism, have nevertheless pointed out that by accepting the opposition of its general terms, revisionism lost the opportunity to re-evaluate the opposition on which it is based: the liberal porteño bourgeoises and that of the provincial capitals on one side, and the semi-literate rural population on the other. CONSTITUCIÓN POLÍTICA DE LA REPÚBLICA ARGENTINA DE 1853 Sancionada por el Congreso General Constituyente el 1 de mayo de 1853, reformada y concordada por la Convención Nacional "ad hoc" el 25 de septiembre de 1860, con las reformas de las convenciones de 1866, 1898 y 1957. The following years represented the temporal decline of the Unitarism and the rise of provincial Caudillos. The 32nd to 63rd articles contain the dispositions related to the legislative power. Urquiza was aware of the strong opposition within the Buenos Aires elite to his mandate and any attempt of limiting the hegemony of the port city over the rest of the country. Belgrano behaved differently, making a pact with the federal forces of José Gervasio Artigas and he and his Northern Army had put itself under the orders of the governor of Córdoba. El texto propiamente dicho, se divide en dos partes. This implied that for decades the president of the nation had to put up with the governor of Buenos Aires, who was the direct chief of the administration of the surrounding area, and meant that the presidential power often faced a wall of bureaucracy. The San Nicolás Agreement established an equalitarian representation for all the provinces of the Confederation, with two delegated for each one. volución Libertadora” dispuso, mediante la proclama del 27 de abril de 1956, declarar vigente la Constitución nacional de 1853, con las reformas de 1860, 1866 y 1898 y con exclusión de la de 1949. Constitución Nacional de 1853. Preámbulo Nos los representantes del pueblo de … In different fronts, the discussion remains open, and has inspired several of the most important works of Argentine thought. The congress had to be moved to Buenos Aires at the beginning of 1817 after the threat of the Spanish royal forces advancing over the northern part of the country. h�bbd``b`Z $;�C�0q[A�@�]H|������ $���N�g,�` �� The text didn't even aboard the subject of the method of election of the Director of State, but guaranteed him wide competencies, including the designation of the provincial governments and the heads of the national administration. Due to the absence of the representatives from Buenos Aires city until 1866, the chamber had only 38 deputies. They saw in the project of the constitution an administrative option to displace the Buenos Aires hegemony. Some of them had also been in exile during the government of Rosas, while others had political activity in that period. Only the last 7 brief articles were dedicated to the organization of the provincial governments, as they were to settle their own internal organization dictated by their own constitution. They denounced López y Planes' vote as having no validity and affirming he had no attributions to sign it in name of the Buenos Aires government, and that the treaty jeopardised the rights of the province while giving despotic attributions to Urquiza. The models to follow were the few available constitutions: the Constitution of United States of 1787, the Spanish Constitution of 1812, the Constitution of Switzerland of 1832, the Chilean Federal Laws of 1826 and Political Constitution of 1833, and the republican constitutions of France of 1793 and 1848, but also in the work of Juan Bautista Alberdi. The Assembly of 1813 gathered on January 31 of that year, and worked for over 2 years until 1815. Title: Constitución de la Confederación Argentina -1853- Created Date: 5/6/2010 10:06:20 PM Even though it didn't share with the president of the Nation faculties of foreign politics, as with the constitution of the United States from which the Argentine one was strongly inspired, the president needed the Senate's approval for declaring siege and for leaving the federal district. 105 0 obj <>/Encrypt 98 0 R/Filter/FlateDecode/ID[<6AE38CEB1331ABD7C8BD9861173FF172><531FE6CA3B09614A92A865B9B883DE17>]/Index[97 15]/Info 96 0 R/Length 57/Prev 63961/Root 99 0 R/Size 112/Type/XRef/W[1 2 1]>>stream Its head is the Argentine Congress composed of a Senate, integrated by representatives of the provinces and the capital; and a Chamber of Deputies, that directly represent the Argentine people. Argentina 1853 (reinst. Hay muchos modos de entender qué es una Constitución. The model has been frequently criticized by historians of the era. To legislate and promote positive measures guaranteeing true equal opportunities and treatment, the full benefit and exercise of the rights recognized by this Constitution and by the international treaties on human rights in force, particularly referring to children, women, the aged, and disabled persons. Zuviría then pointed out the difficulties the convention would have to face, especially regarding the armed confrontation with Buenos Aires, and the lack of a constitutional background. The negotiations though didn't finish positively, and after a long wait the sessions were restarted on April 15 as requested by Urquiza, who pretended to have the full text by May. For the sessions, it was required for the chambers to count with a minimum quorum of the absolute majority, though a session with a smaller number of members had the right to compel the presence of the absent. The mandate of the deputies was to last for four years, with the possibility of reelection; the renovation of the chamber would take place by halves each 2 years; a transitory disposition set a casting of lots to choose the deputies that would have to leave their seats after two years in the first cycle of elections; what had to be repeated in other moments of the Argentine history, when the national congress was repeatedly dissolved by military governments during the 20th century. Its organization was only tied to the stipulations of the provincial constitutions, independently of the federal government. The major fraction affirmed that the opportunity to expose their reasons had already been rejected when Buenos Aires withdrew its representatives, and that the constitutional will would not hesitate to take arms against the very capital of the country if it were necessary for the future country's welfare. Nevertheless, by that time the provincial oligarchies had already adopted a profile similar to that of their Unitarian counterparts, with the development of the model of agricultural exportations, and the formation of extensive Latifundios (large estates) that would control the national economy during the following five decades. Delegates would also add voice to the national subjects decided by the Federative Congress, such as the country's administration, internal and foreign bossiness, and the range of each province's independence. They sent forces to attack the provinces of Entre Ríos, Santa Fe and Córdoba. %%EOF Hubo un proyecto irrelevante, de Pedro de Angelis. A transitory clause of the 34th article indicated a minimum of two deputies per province independently of its population; it assigned Buenos Aires city, Buenos Aires Province and Córdoba Province six deputies, four to the provinces of Corrientes and Santiago del Estero, three to Tucumán, Salta, Catamarca and Mendoza, and two to Santa Fe, San Juan, Entre Ríos, La Rioja Province, San Luis and Jujuy. The revisionists didn't just revise history limited to the barbarian character of Sarmiento's civilization. El texto sancionado en 1853 estaba compuesto de un preámbulo y 107 artículos, organizados en dos partes: los derechos de los habitantes y la organización del gobierno. The Marxist interpretations—that even though centred in explaining the logic of the event that took place rather than the individualities, haven't ignored this criterion[8]— also leave several aspects unattended. La enciclopedia de ciencias y tecnologías en Argentina. The provincial delegates considered that moving the congress to Buenos Aires was oriented to put pressure on the congressmen to secure benefit for the Buenos Aires porteño in the concluding constitutional text. The remuneration for the position would be set by law, but could not be reduced while in functions. Ministers were also obligated to give reports to the Congress at the opening of the sessions, of which they could also take part, though without the right of vote in order to avoid the incompatibility with the exercise of the legislative power. The clause demanding candidates to be born or stably reside in the province they represent wasn't added until the reform of 1860. Both generals refused to follow those orders. To clear doubts on their interests it reminded that the dictate of the constitution followed the pre-existing pacts subscribed by the provincial authorities; affirmed the project of guaranteeing the unity and inner peace and the formation of a common front towards the rest of the world; it stated the objective of populating the territory mentioning all men in the world who wish to inhabit the Argentine land; and invoked God's authority in a form acceptable both to religious persons and to illustrated deists. In part, such division already existed during colonial times, when the port of Buenos Aires gave the city commercial interest far different from the artisanal and agricultural countryside. Fue aprobada con el apoyo general de los gobiernos provinciales, con la importante excepción del Estado [10] 1994) Pagina 4 Artículo 6 El Gobierno federal interviene en el territorio de las provincias para garantir la forma republicana de gobierno, o repeler invasiones exteriores, y a requisición de sus autoridades constituidas para sostenerlas o restablecerlas, si hubiesen sido La Constitución Nacional de 1853, cuyo proyecto fue debatido durante once sesiones en el Congreso de Santa Fe (al que cada provincia, excepto Buenos Aires, envió dos diputados), se sancionó, en sesión extraordinaria del 1 de mayo, por todos los diputados, siendo promulgada el día 25 y jurada por todos los pueblos el 9 de julio de ese año. The position of Buenos Aires was obvious since the beginning: wealthy mainly because of the customs taxes income, and with its main productive bourgeoise class compromised by the market exchange with Europe, it supported the unrestricted aperture. The boycott started by the porteños revived an already traditional conflict between Buenos Aires and the other provinces, sharpened by the strong hand of Rosas who had governed the country favouring the porteños. The definitive meeting with the provincial delegates took place in San Nicolás de los Arroyos on May 29. Regardless, constitutional delegates were aware of its impact. Once finished the project found the resistance within the commission by Leiva, Díaz Colodrero and Ferré, particularly on the status of the Catholic Church within the state, and the position of the Buenos Aires city. The legislature elected Manuel Pinto to replace him, but Urquiza made use of the attributions given to him by the treaty to call a federal intervention that dissolved the provincial legislature and reestablished López y Planes at its head. I. 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