become a senator it is necessary to have attained the age of 30 years, to have been a citizen of the nation for 6 years, to have an annual income of 2,000 pesos fuertes or its equivalent, and to have been a native of the Province in which elected or to have been a resident thereof during the 2 next preceding years. The term of senators is 9 years, and they may be reelected an indefinite number of times; but the Senate must be renewed one-third every 3 years. The Vice President of the nation is the President of the Senate, but he can vote only in case of a tie. The Senate has the power to authorize the President to declare one or more sections of the Republic in a state of siege in case of foreign attack.

Both chambers assemble every year in ordinary session, from May 1 to September 30. They may also be convened in extraordinary session by the President or adjourned by him.

Laws may originate in either chamber of Congress by means of bills presented by their members or by the executive. However, the initiation of laws relating to taxes or the recruiting of troops is vested exclusively in the Chamber of Deputies. A bill becomes a law by passing both houses and being approved by the executive power, which promulgates it as law. Any bill not returned within 10 working days is considered as approved by the executive. Should the executive veto a bill it becomes a law despite the veto, if on being reconsidered by both houses it is approved by a two-thirds majority in each.

POWERS AND DUTIES OF CONGRESS

Following are the powers and duties of Congress under article 67 of the constitution:

1. To legislate in regard to a customhouse for foreign commerce and establish the import duties, which, as well as the rates of appraisement on which they are to be based, shall be uniform throughout the nation; it being understood, however, that these duties as well as all other national taxes may be paid in the money current in the respective Provinces at its just equivalent. Congress also establishes export duties.

2. To lay direct taxes for a specified time and proportionately throughout the territory of the nation, whenever the defense, common safety, or general welfare of the State so require.

3. To contract loans of money on the credit of the nation.

4. To provide for the use and alienation of lands of national ownership. 5. To establish and regulate a national bank, in the capital, and branches in Provinces, with power to issue bank notes.

6. To arrange the payment of the internal and external debt of the nation. 7. To fix annually the budget of the expenses of the administration of the nation, and approve or reject the account of disbursement.

8. To grant subsidies to be paid out of the national treasury to those Provinces whose revenues are insufficient, according to their budgets, to meet their ordinary expenses.

9. To make rules for the free navigation of inland rivers, declare ports of entry such as it may deem expedient, and create or abolish customhouses, provided that no customhouse for foreign commerce shall be abolished which existed in a Province at the time of its incorporation.

10. To cause money to be coined, determine its value and that of foreign coin, and to adopt a standard of weights and measures for the entire nation. 11. To enact the civil, commercial, penal, and mining codes, without encroaching on local jurisdictions, the enforcement thereof to be vested in the Federal or provincial tribunals, according to the respective jurisdiction under which the things or persons may come; and especially to enact general laws for the whole nation on naturalization and citizenship, based on the principle of native citizenship; as well as laws on bankruptcy, the counterfeiting of

currency, and public securities of the State, and such as may be required for the establishment of trial by jury.

12. To regulate maritime and inland commerce with foreign nations and of the Provinces with each other.

13. To arrange and establish the post routes and general posts of the nation. 14. To settle definitely the boundaries of the territory of the nations, to deterinine those of the Provinces, to create new Provinces, and to provide by special legislation for the organization, administration, and government of the National Territories left outside the limits assigned to the Provinces.

15. To provide for the security of the frontiers, to maintain peaceful intercourse with the Indians, and to promote their conversion to Catholicism.

16. To provide for everything conducive to the prosperity of the country, the advance and welfare of all the Provinces, and the progress of enlightenment, by establishing plans of general and university instruction; and to promote industrial enterprise, immigration, the construction of railroads and navigable canals, the colonization of lands of national ownership, the introduction and establishment of new industries, the importation of foreign capital, and the exploration of inland rivers, by protective laws and by temporary concessions of privileges and rewards for purposes of encouragement.

17. To establish tribunals inferior to the supreme court, to create and abolish offices, to grant pensions, decree honors, and grant general amnesties.

18. To accept or reject the grounds for the resignation of the President or Vice President of the Republic, and to declare a new election to lie; to canvass the returns and correct them.

19. To approve or reject treaties concluded with foreign nations and concordats entered into with the Apostolic See; and to make rules for the exercise of the ecclesiastical patronage throughout the nation.

20. To admit into the territory of the nation religious orders in addition to those now existing.

21. To authorize the executive power to declare war or make peace.

22. To grant letters of marque and reprisal and make rules concerning prizes. 23. To fix the strength of the land and naval forces of the nation, both in time of peace and of war, and to make rules and ordinances for the government of such forces.

24. To authorize the calling out of the militia of any or all of the Provinces, when required in the enforcement of the laws of the nation and when necessary to suppress insurrections or repel invasions. To provide for organizing, arming, and disciplining said militia, and for managing and governing such parts thereof as may be employed in the service of the nation; reserving to the Provinces the appointment of their respective field and line officers, and the care of enforcing in their respective militia the discipline prescribed by Congress.

25. To permit the entry of foreign troops into the territory of the nation and the departure of the national forces therefrom.

26. To declare in a state of siege one or more sections of the nation in case of domestic disturbance, and to approve or suspend a state of seige declared by the executive power during the recess of Congress.

27. To exercise exclusive legislation throughout the territory of the capital of the nation and over all other places acquired by purchase or cession in any of the Provinces, for the erection of forts, arsenals, magazines, or other establishments of national utility.

28. To make all laws and regulations which may be advisable for carrying into execution the foregoing powers and all other powers vested by this constitution in the Government of the Argentine Nation.

EXECUTIVE POWER

The executive power is vested in the President of the nation. He and the Vice President are elected by an electoral college for a term of 6 years and are not eligible for reelection until 6 years after the expiration of a term. In order to be elected President or Vice President it is necessary to have been born in Argentine territory, or to be the son of a native citizen, if born in a foreign country; to belong to the Roman Catholic apostolic faith; and to have all the other qualifications that are required to be elected a senator. The

President is aided by a cabinet of his own appointment, composed of eight ministerial secretaries in charge of the portfolios of government-Foreign Relations and Worship, Interior, Agriculture (including industry and commerce), War, Navy, Public Works, Justice and Public Instruction, and Treasury.

The President has the following powers and duties under article 86 of the constitution:

1. He is the supreme head of the nation and has charge of the general administration of the country.

2. He shall issue the instructions and regulations necessary for the execution of the laws of the nation but shall see that such regulations do not alter their spirit.

3. He is the immediate local head of the capital of the nation.

4. He participates in making the laws in accordance with the constitution and sanctions and promulgates them.

5. He appoints the justices of the supreme court and the magistrates of other inferior Federal tribunals, with the concurrence of the Senate.

6. He may grant pardons or commute penalties for crimes subject to Federal jurisdiction, after obtaining a report from the proper tribunal, except in cases of impeachment by the Chamber of Deputies.

7. He may grant retirements, both civil and military, leaves of absence, and pensions in pursuance of the laws of the nation.

8. He exercises the rights of the national patronage in the presentation of bishops to cathedral churches, on the recommendation in ternary of the Senate. 9. He grants or refuses passage to the decrees of the councils, bulls, briefs, and rescripts of the Supreme Pontiff of Rome, with the concurrence of the supreme court, a law being required when they contain general provisions of a permanent character.

10. He appoints and removes, with the concurrence of the Senate, ministers plenipotentiary and chargés d'affaires; and he alone appoints and removes the cabinet ministers, the officials of the executive departments, consular agents, and other employees of the administration, whose appointment is not otherwise provided for by this constitution.

11. He opens the sessions of Congress every year, with both chambers assembled for this purpose in the Senate Hall, on which occasion he shall report to Congress on the state of the nation, on the reforms promised by the constitution, and recommend to their consideration such measures as he shall judge necessary and expedient.

12. He adjourns the ordinary session of Congress, or convenes it in extraordinary session, when some grave interest of order or progress so requires.

13. He causes the revenues of the nation to be collected and decrees their disbursement in accordance with the law or budgets of national expenses.

14. He concludes and signs treaties of peace, commerce, navigation, alliance, limits and neutrality, concordats, and all other arrangements or agreements required for the maintenance of friendly relations with foreign powers; he receives their ministers and admits their consuls.

15. He is the commander in chief of all the land and naval forces of the nation.

16. He fills all the military offices of the nation, with the concurrence of the Senate, when filling higher offices and grades in the army and navy, and by himself alone on the field of battle.

17. He controls the land and naval forces and has charge of their organization and distribution according to the needs of the nation.

18. He declares war and grants letters of marque and reprisal with the authorization and approval of Congress.

19. He may declare in a state of siege one or more sections of the nation in case of foreign attack, for a limited period, with the concurrence of the Senate. In case of domestic disturbance, he shall have this power only when Congress is in recess, such power being vested in this body. The President exercises it with the limitations prescribed by article 23.

20. He may call on the heads of all the branches and departments of the administration, and through them on all other employees, for such reports as he may deem advisable, and they shall be required to furnish them.

21. He cannot absent himself from the territory of the capital, without the permission of Congress. During the latter's recess he may do so without permission, when necessary because of some grave object of the public service. 22. The President shall have the power to fill vacancies in offices which require the concurrence of the Senate, occurring while it is in recess, by temporary appointments which shall expire at the close of the next Congress.

JUDICIAL POWER

The judicial power of the nation is vested in a Supreme Court of Justice and in such inferior tribunals as Congress may establish in the territory of the nation. In no case may the President exercise judicial functions, assume jurisdiction of pending causes, or reopen such as have already been closed.

The Supreme Court and inferior tribunals of the nation take cognizance of and decide all causes involving points governed by the constitution, the laws of the nation, and by treaties with foreign nations; causes affecting foreign ambassadors, public ministers, and consuls; causes of admiralty and maritime jurisdiction; matters to which the nation is a party; causes arising between two or more Provinces; between a Province and citizens of another Province; between citizens of different Provinces; and between a Province or its citizens against a foreign state or citizen. In these cases the Supreme Court has appellate jurisdiction according to the rules and exceptions prescribed by Congress; but in all matters concerning foreign ambassadors, ministers, or consuls, and in cases in which a Province is a party, it has original and exclusive jurisdiction.

Under the provisions of law no. 4055 and laws nos. 48 and 50 of 1863, all based on article 101 of the Federal Constitution of the Republic, the Federal system of courts comprises courts of section, Federal courts of appeal, and the Supreme Court of the nation. There are courts of section for the Federal District, which is Buenos Aires, the capital city, and for each one of the different Provinces. These courts correspond to the Federal district courts in the Federal system of the United States. There are four Federal courts of appeal, sitting in the cities of Buenos Aires, La Plata, Paraná, and Córdoba. Three judges sit in each of these four courts, which correspond to circuit courts in the United States. All these courts have been invested with civil, commercial, and penal jurisdiction.

The Federal District, as well as each Province, has its separate system of courts. The jurisdiction and organization of these courts are matters incumbent upon Congress on the one hand, as concerns the Federal District, and upon the legislature of each Province on the other, as concerns the individual Provinces.

The Code of Civil Procedure of the Province of Buenos Aires by act of Congress was made extensive to the Federal District, as well as to the Territories; and the Federal Code of Civil Procedure is largely based on this same code. Other Provinces have enacted their own codes of civil procedure.

CODES OF LAW

Under subdivision 11 of article 67 of the Federal Constitution of the Republic of Argentina, Congress is empowered to enact Civil, Commercial, Penal, and Mining Codes, the enforcement thereof to be vested in the Federal or provincial tribunals, according to the respective jurisdiction under which the things or persons might come.

On September 29, 1869, the Argentine Congress gave its sanction to the present Civil Code, which went into effect January 1, 1871. Since then this code has been amended by law of September 29, 1882, and by law of November 2, 1888, the latter having been amended, in turn, by law of November 12, 1889. The first introduced few substantial changes, as its principal aim was the correction of typographical errors appearing in the text of the code as it was originally drafted. The second, however, was more important, as it introduced certain fundamental amendments in the provisions governing the institution of marriage. Law no. 10903 of October 21, 1919, modified certain articles governing the guardianship of minors.

The Commercial Code, which is now in force, is that of October 9, 1889, which came into effect on May 1, 1890. This code superseded that of September 10, 1862, which followed closely the provisions of the Brazilian Code of Commerce of 1850. The influence of European legislation in the domain of commercial law may be noticed in the fundamental provisions of the present code, particularly that of Germany, Portugal, and Spain.

The present Penal and Mining Codes were sanctioned by the Argentine Congress in 1886.

All these codes have been amended from time to time by laws enacted by the Argentine Congress. Endeavor is not made here to present and discuss these amending acts. However, in the following discussion of provisions of the foregoing codes, an attempt has been made to present such as are actually in force.

It is interesting to note that although the Republic of Argentina has a federal form of government modeled along the same lines as that of the United States of America, yet with respect to the power of Congress to enact laws for the entire nation there exists a fundamental difference between the two, as the Argentine substantive law as embodied in the foregoing codes is national in its scope, and as such is in force uniformly throughout the whole nation, whereas in the United States of America substantive law is generally a matter incumbent upon each State for its enaction. This difference, however, exists only with regard to substantive law, as distinguished from the law of procedure, because in the case of the latter each of the Provinces which form the Argentine federation has the power to enact its own codes of criminal and civil procedure, as is also the case in each State of the United States of America. It follows that in Argentina substantive law is uniform for the entire nation, whereas the law of procedure, which provides the rules governing the means through which the rights created by the substantive law may be asserted and enforced, varies in the different Provinces.

The present juridical system of Argentina follows closely those of the nations of continental Europe, in which the civil and the commercial law may be found separated. The Argentine Civil Code embodies the principles of civil law, which is the basic substantive law of the land, while the Code of Commerce embodies those rules of commercial law which are exclusively applicable to merchants and to cases involving commercial transactions. The civil law is administered by civil law courts, while commercial law is administered by special tribunals of commerce in the city of Buenos Aires and by the