National Constitution

Second Part: Authorities of the Nation


Powers of the Executive Branch

Section 99.- The President of the Nation has the following powers:

1.- He is the supreme head of the Nation, head of the government and he is politically responsible for the general administration of the country.

2.- He issues the instructions and rules necessary for the enforcement of the laws of the nation, without altering their spirit with regulatory exceptions.

3.- He takes part in the making of laws according to the Constitution, promulgates them and has them published.

The Executive Power shall in no event issue provisions of legislative nature, in which case they shall be absolutely and irreparably null and void.

Only when due to exceptional circumstances the ordinary procedures foreseen by this Constitution for the enactment of laws are impossible to be followed, and when rules are not referred to criminal issues, taxation, electoral matters, or the system of political parties, he shall issue decrees on grounds of necessity and urgency, which shall be decided by a general agreement of ministers who shall countersign them together with the Chief of the Ministerial Cabinet.

Within the term of ten days, the Chief of the Ministerial Cabinet shall personally submit the decision to the consideration of the Joint Standing Committee of Congress, which shall be composed according to the proportion of the political representation of the parties in each House. Within the term of ten days, this committee shall submit its report to the plenary meeting of each House for its specific consideration and it shall be immediately discussed by both Houses. A special law enacted with the absolute majority of all the members of each House shall regulate the procedure and scope of Congress participation.

4.- He appoints the justices of the Supreme Court with the consent of the Senate by two-thirds of its members present, in a public meeting convoked to this effect.

He appoints the other judges of the lower federal courts according to a binding proposal consisting of a list of three candidates submitted by the Council of the Magistracy, with the consent of the Senate in a public meeting, in which the qualifications of the candidates shall be taken into account.

Once they have attained to the age of seventy five years, a new appointment, with the same consent, shall be necessary so that they may continue in office. Judges of that age or over shall be appointed for five years, and may be indefinitely re-appointed by this same procedure.

5.- He may grant pardons or commute punishments for crimes subject to federal jurisdiction, after the report of the corresponding court, except in cases of impeachment by the House of Deputies.

6.- He may grant pensions, retirements, leaves of absence, and widowed pensions according to the laws of the Nation.

7.- He appoints and removes ambassadors, ministers plenipotentiary and commercial attaches with the consent of the Senate; on his own account, he appoints and removes the Chief of the Ministerial Cabinet and the Ministers, the officers of his Secretariat, consular agents, and other employees whose appointments are not otherwise regulated by this Constitution.

8.- He annually performs the opening of the legislative session of Congress, both Houses being assembled for this purpose, reporting on this occasion on the state of the Nation, on amendments promised by the Constitution, and recommending for consideration the measures he deems necessary and advisable.

9.- He extends the ordinary legislative session of Congress, or convokes to an extraordinary one when some serious order or progress interest so requires it.

10.- He oversees the performance of the duties of the Chief of the Ministerial Cabinet as regards the collection of the revenues of the Nation, and their investment according to the law or budget of national expenditures.

11.- He concludes and signs treaties, concordats and other agreements required for the maintenance of good relations with international organizations and foreign powers, he receives their ministers and admits their consuls.

12.- He is commander-in-chief of all the Armed Forces of the Nation.

13.- He provides for the military posts of the Nation: with the consent of the Senate, he grants posts or ranks for the higher officers of the Armed Forces; and on his own account, he has the same faculties in the battlefield.

14.- He has the control of the Armed Forces and is in charge of their organization and distribution, according to the needs of the Nation.

15.- He declares war and orders reprisals with the consent and approval of Congress.

16.- In the event of foreign attack, he declares, with the consent of the Senate, one or more places of the Nation in state of siege for a limited period. In the event of domestic disorder, he only exerts this power when Congress is in recess, since this is a power pertaining to this body. The President exercises it under the limitations prescribed in Section 23.

17.- He may request whatever information he may consider proper from the Chief of the Ministerial Cabinet and from the heads of all branches and departments of the Administration, and through them, from other employees. They are compelled to supply such information.

18.- He may leave the territory of the Nation with the consent of Congress. During the recess of the latter, he may only do so without permission on justified grounds of public interest.

19.- He is empowered to fill vacancies requiring the consent of the Senate and occurring during its recess, by means of appointments on commission expiring at the end of the next legislative session.

20.- He decrees the federal intervention of a province or of the City of Buenos Aires in the event of the recess of Congress, and simultaneously he must convoke the latter to consider such intervention.

Logo del Congreso de la Nación
Congreso de la Nación Argentina | Av. Entre Ríos entre Rivadavia e Hipólito Yrigoyen (C1033AAV)
Nota: La información contenida en este sitio es de dominio público y puede ser utilizada libremente. Se solicita citar la fuente.