Article IV, Puerto Rico Constitution

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Puerto Rico Constitution
Puerto Rico
Preamble
Articles
IIIIIIIVVVIVIIVIIIIX

Article IV of the Puerto Rico Constitution is entitled Executive Power and consists of 10 sections.

Section 1

Text of Section 1:
Executive power is vested in a Governor, who shall be elected by vote direct at each general election.[1]

Section 2

Text of Section 2:
Governor shall hold office for a term of four years from the day January 2 the following year his election and until his successor is elected and possession. Reside in Puerto Rico, the city will have his office.[1]

Section 3

Text of Section 3:
Section 3. Nobody can be Governor unless, at the date of the election, there thirty-five years old, and is, and has been for five years preceding citizen of the United States and a citizen and resident bona fide Puerto Rico.[1]

Section 4

Text of Section 4:
The duties, functions and powers of the Governor are:

Comply with and enforce the laws.

Convoke the Legislative Assembly or the Senate into special session when his judgment the public interest so requires.

Appoint, in the manner provided by this Constitution or by law, to all officers whose appointment is authorized. The Governor may make appointments when the Legislature is not in session. Any appointment requiring the advice and consent of the Senate or of both houses shall effect at the next regular session.

Being commander in chief of the militia.

Call the militia and summon the posse comitatus to prevent or suppress any serious public disorder, rebellion or invasion.

Proclaim martial law when the public safety requires it in cases of rebellion or invasion or imminent danger thereof. The Legislature must immediately reuinirse own initiative to ratify or revoke the proclamation.

The Legislature must immediately meet on its own initiative to ratify or revoke the proclamation.

Suspend the execution of sentences in criminal cases, grant pardons, commutations penalties and total or partial remissions of fines and forfeitures for offenses committed violation of the laws of Puerto Rico. This power does not extend to processes residence.

Approve or disapprove in accordance with this Constitution, and joint resolutions bills passed by the Legislature. Submit to the Assembly Legislature at the beginning of each regular session, a message on the status of Commonwealth and submit a report on the state of the Treasury of Puerto Rico and the proposed expenditures for the ensuing fiscal year. This report shall contain the data required for the formulation of a program of legislation.

Exercise such other powers and functions and perform such other duties assigned to him by this Constitution or by law.[1]


Section 5

Text of Section 5:
To exercise the executive power of the Governor shall be assisted Secretaries of Government to appoint with the advice and consent of the Senate. The appointment of the Secretary of State will also require the advice and consent of the House of Representatives, and the person appointed shall qualify contained in Section 3 of this Article. The Secretaries of Government constitute collectively an advisory council of the Governor Council will be called Secretaries.[1]

Section 6

Text of Section 6:
Without prejudice to the power of the Legislature to create, reorganize and consolidate executive departments of government, and to define their duties, establish the following: State, Justice, Public Instruction, Health, Treasury, Labor, Agriculture and Commerce, and Public Works. Each executive department is headed by a Secretary.[1]

Section 7

Text of Section 7:
Whenever a vacancy occurs in the office of Governor, caused by death, resignation, removal, total and permanent disability or any other absolute, said office shall devolve upon the Secretary of State, who shall hold it for the remainder of the term and until a new Governor is elected and qualifies. The law shall determine which of Secretaries of Government take over as governor if simultaneously become vacant the positions of Governor and Secretary of State.[1]

Section 8

Text of Section 8:
If for any reason having the absence of transient Governor is temporarily unable to perform his functions, shall, while duration of the disability, the Secretary of State. If for any reason the Secretary of State is unable to hold the post, will occupy the Secretary of Government to determine by law.[1]

Section 9

Text of Section 9:
When Governor-elect does not take up his post or, having made a permanent vacancy occurs in the same without that Governor has appointed a Secretary of State or, when they had appointed, shall have possession, Elected Legislative Assembly, to meet in its first ordinary session, shall elect by majority of the total number of members of which each house, a Governor he shall hold office until his successor is elected at the next general election and qualifies.[1]

Section 10

Text of Section 10:
Governor may be removed for cause and by procedure established by this Constitution in Section 21 of Article III.[1]


See also

State Constitutions Ballotpedia.png

External links

Footnotes

  1. 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.