Argentina 1853 Constitution (reinstated 1983, reviewed 1994)

CHAPTER III. THE POWERS OF THE EXECUTIVE

Article 99

The President of the Nation has the following powers:

1. He is the supreme chief of the Nation, chief of the government, and the politician responsible for the general administration of the country.
2. He issues the instructions and regulations that may be necessary for the execution of the laws of the Nation, being careful not to alter their spirit through regulatory exceptions.
3. He participates in the enactment of the laws according to the Constitution, promulgates them, and has them published.The Executive Power may not issue dispositions of a legislative nature in any case whatsoever, under penalty of their absolute and incurable nullity.

   Only when exceptional circumstances make it impossible to follow the regular procedures provided by this Constitution for the passing of laws, and the situation does not involve rules that regulate criminal, tax, or electoral matters or the regime governing political parties, may [the President] dictate decrees by reason of necessity and urgency, which are to be decided at a general meeting of Ministers, who must endorse them, together with the Chief of the Cabinet of Ministers.

   The Chief of the Cabinet of Ministers, personally and within ten days, shall submit the measure for the consideration of the Standing Bicameral Committee, whose membership must reflect the proportion of the political representation of each Chamber. This Committee shall forward its report within ten days to a plenary session of each Chamber for its express treatment, which the Chambers shall consider immediately. A special law approved by an absolute majority of the totality of the members of each Chamber shall regulate the procedure and the scope of the intervention of Congress.

4. He appoints the judges of the Supreme Court, with the consent of the Senate by two-thirds of its members present, in a public session convened for that purpose.He appoints the judges of lower Federal tribunals, taking into account the qualifications of the candidates, based on a binding list of three candidates nominated by the Judicial Council, with the [subsequent] consent of the Senate, [convened] in public session.

   A new appointment, preceded by the same consent, shall be necessary in order to maintain in office any of these magistrates once they attain the age of seventy-five. All appointments of magistrates whose age is that indicated or greater shall be made for five years and may be repeated indefinitely following the same procedure.

5. He may grant pardons or commute punishment for crimes subject to federal jurisdiction, after a report by the appropriate court, except in cases of impeachment by the Chamber of Deputies.
6. He may grant retirement pensions, retirements, leaves of absence, and pensions in accordance with the laws of the Nation.
7. He may appoint and remove ambassadors, Ministers plenipotentiary, and charge d’affaires, with the consent of the Senate; on his own, he may appoint and remove the Chief of the Cabinet of Ministers and the other Ministers of the Cabinet, the officials of his office, consular agents, and employees whose appointment is not otherwise regulated by this Constitution.
8. He shall open the sessions of Congress each year, with both Chambers meeting together for this purpose, and shall offer an account on that occasion of the state of the Nation, [and] of the reforms promised by the Constitution, and recommend for the consideration of Congress those measures he deems necessary and fitting.
9. He extends the regular sessions of Congress, or convokes it for extraordinary sessions when an important interest in order or progress requires it.
10. He supervises the exercise of authority by the Chief of the Cabinet of Ministers regarding the collection of the Nation’s revenues and their investment, in accordance with the law or the budget of National expenditures.
11. He concludes and signs treaties, concordats, and other negotiations required for the maintenance of good relations with international organizations and foreign nations, and receives their Ministers and admits their consuls.
12. He is commander-in-chief of all Armed Forces of the Nation.
13. He fills the military posts of the Nation: with the consent of the Senate, in the concession of posts or ranks of superior officers of the Armed Forces; and by himself on the battlefield.
14. He has the Armed Forces at his disposal, and takes charge of their organization and deployment, according to the needs of the Nation.
15. He declares war and orders reprisals with the authorization and approval of Congress.
16. He declares in a state of siege one or various parts of the Nation, in case of foreign invasion and for a limited time, with the consent of the Senate. In the event of internal disorder, he has this power only when Congress is in recess, because this is a power belonging to that body. The President exercises this power with the limitations prescribed in article 23.
17. He may request any information he considers appropriate from the Chief of the Cabinet of Ministers and from the heads of all branches and departments of the administration, and, through them, from all other employees, and they are required to provide it.
18. He may leave the territory of the Nation with the permission of Congress. During Congressional recess, he may only do so without permission for reasons justified by public service.
19. He may fill vacancies in offices that require the consent of the Senate and that occur during its recess, by means of temporary appointments that shall expire 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 Congressional recess, and he must simultaneously convene Congress to consider it.