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ture, arts, and sciences, as well as of immigration, agriculture, industry, and commerce, without granting privileges which may embarrass the action of the local governments.

3) To create institutions for higher and secondary instruction in the states.

4) To provide for secondary instruction in the federal district.

CHAPTER V. LAWS AND RESOLUTIONS

ART. 36. Saving the exceptions specified in Art. 29, all bills may originate, indifferently, in the House or in the Senate, and may be introduced by any of their members.

ART. 37. A bill after being passed in one of the houses shall be submitted to the other, and if the latter approves it, shall be sent to the executive, who, if approving it, shall sanction and promulgate it.

Sec. 1. If, however, the President of the republic should consider the bill unconstitutional, or contrary to the interests of the nation, he shall veto it within ten working days, counted from that on which he received it, and shall return it within the same period to the house in which it originated, with his reasons for the veto.

Sec. 2. The failure of the President of the republic to approve or disapprove the bill within ten days shall be considered as an approval; in case the bill is vetoed after the Congress has closed, the President shall publish his reasons therefor.

Sec. 3. A bill not approved shall be returned to the house in which it originated, where it shall be discussed and subjected to a yea-and-nay vote, and shall be considered approved if it obtain two-thirds of the votes of the members present. In this case, the bill shall be sent to the other house, and if it be there approved in the same manner and by the same majority it shall be sent as a law to the executive, for formal promulgation.

Sec. 4. The sanction and promulgation shall be made in the following language:

1) "The National Congress enacts and I approve the following law (or resolution)."

2) "The National Congress enacts and I promulgate the following law (or resolution).”

ART. 38. If the law is not promulgated within forty-eight hours by the President of the republic in the cases specified in secs. 2 and 3 of Art. 37, the president of the Senate or the vice-president, if the president does not do it in the same period, shall promulgate it, using the following language: "I, the president (or vice-president) of the Senate, do make known to all those who may see these presents that the National Congress enacts and promulgates the following law (or resolution)."

ART. 39. A bill from one house, amended in the other, shall be returned to the former, and if the amendments are accepted therein, shall be sent to the executive as amended.

Sec. 1. In the contrary case, the bill shall be returned to the house where it was amended, and if the alterations receive the vote of two-thirds of the members present, they shall be considered as approved, and shall then be sent, together with the bill, to the house where the bill originated, which can only reject the amendments by a two-thirds vote.

Sec. 2. If the alterations are rejected by such vote, the bill shall be submitted without them to the approval of the executive.

ART. 40. Bills rejected or not approved, shall not be presented again in the same legislative session.

SECTION II. THE EXECUTIVE POWER

CHAPTER I. THE PRESIDENT AND VICE-PRESIDENT

ART. 41. The executive power shall be vested in the President of the United States of Brazil, as elective head of the nation.

Sec. I. The vice-president, elected simultaneously with the President, shall take the place of the latter in case of temporary disability, and shall succeed him in case of vacancy in the presidency.

Sec. 2. In case of disability of the vice-president, or vacancy of his office, the following shall be called in the order named, to fill the presidency: The vice-president of the Senate, the president of the House of Deputies, the president of the federal Supreme Court.

Sec. 3. The following are the essential conditions of eligibility to the presidency or vice-presidency of the republic: 1) To be a native of Brazil.

2) To be in the enjoyment of political rights.
3) To be over thirty-five years of age.

ART. 42. If the vacancy in the presidency or vicepresidency occurs, for any cause whatever, before two years of the presidential term have elapsed, a new election shall be held.

ART. 43. The President shall hold his office for four years, and shall not be re-elected for the succeeding presidential term. Sec. I. A vice-president who may have filled the presidency during the last year of the presidential term, shall not be eligible to the presidency for the succeeding term.

Sec. 2. The President shall cease to exercise his powers, without fail, on the same day on which his presidential term expires, and the newly elected President shall at once succeed him.

Sec. 3. If the latter should fail to enter upon the discharge of his duties, the succession shall be effected in accordance with secs. I and 2 of Art. 41.

Sec. 4. The first presidential term shall expire on the fifteenth day of November, eighteen hundred and ninety-four.

ART. 44. On taking possession of his office, the President, before Congress, or if that body is not in session, before the federal Supreme Court, shall make the following affirmation:

I promise to maintain and execute the federal constitution with perfect loyalty, to promote the general welfare of the republic, to observe its laws, and to uphold its union, integrity, and independence.

ART. 45. The President and vice-president shall not leave the national territory without the permission of the Congress, under penalty of loss of office.

ART. 46. The President and vice-president shall receive a salary fixed by the Congress in the preceding presidential term.

CHAPTER II.

ELECTION OF PRESIDENT AND VICE-PRESIDENT

ART. 47. The President and vice-president of the republic shall be elected by direct suffrage of the nation and by an absolute majority of votes.

Sec. 1. The election shall be held on the first day of March of the last year of the presidential term, and the examination of the votes received in the respective election districts shall be made in the federal capital and in the capitals of the states.

Congress shall count the votes in its first meeting of the same year, with whatever number of members may be present.

Sec. 2. If no one of those voted for shall have received an absolute majority of votes, Congress shall elect, by a majority vote of those present, one of the two persons who has obtained the greatest number of votes in the direct election. In the case of a tie the candidate of greatest age shall be considered elected.

Sec. 3. The process of election and counting of votes shall be regulated by ordinary law.

Sec. 4. The relatives, whether by blood or affinity, within the first and second degrees, of the President or vice-president who is in the exercise of his functions at the time of the election, or who was so six months before the election shall be ineligible to the offices of President and vice-president.

CHAPTER III. THE POWERS OF THE EXECUTIVE

ART. 48. To the President of the republic shall belong the exclusive right:

1) To approve, promulgate, and make public the laws and

resolutions of the Congress; to issue decrees, instructions, and regulations for their exact execution.

2) To appoint and dismiss at will the ministers of state. 3) To exercise, or to designate one who shall exercise supreme command over the land and naval forces of the United States of Brazil when called to arms for the internal or external defense of the Union.

4) To govern the army and navy and to distribute their respective forces, in accordance with the federal laws and with the needs of the national government.

5) To appoint to the civil and military offices of a federal character, under the restrictions specified in the constitution.

6) To remit and commute penalties for crimes subject to federal jurisdiction, except in the cases mentioned in Art. 34, No. 28 and Art. 52, sec. 2.

7) To declare war and to make peace, under the provisions of Art. 34, No. II.

8) To declare war at once in cases of foreign invasion or aggression.

9) To present an annual statement to the National Congress of the condition of the country, indicating pressing measures and reforms, by means of a message, which he shall send to the secretary of the Senate on the day of the opening of the legislative session.

10) To convene the Congress in extraordinary session. II) To appoint the federal judges upon nomination by the Supreme Court.

12) To appoint the members of the federal Supreme Court and diplomatic ministers, with the approval of the Senate; and, in the absence of the Congress, to appoint them temporarily until approved by the Senate.

13) To appoint all other members of the diplomatic corps, and consular agents.

14) To maintain relations with foreign states.

15) To declare directly, or through his responsible agents,

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