Colombian Constitution of 1886
Encyclopedia
The Colombian Constitution of 1886 was the constitution
that created the Republic of Colombia. Before 1886, the country was called United States of Colombia
. The coalition of moderate Liberals
and Conservatives
that ended the liberal hegemony and placed Rafael Nuñez
in power repealed the Constitution of Rionegro and substituted the constitution of 1886. From then on, the country was officially called the Republic of Colombia.
The Constituent Assembly consisted of 18 delegates, two from each of the nine states.
Rafael Núñez announced a national regeneration program and changed the country from a decentralized federal system to a centralized system with a strong central presidency. The presidential term was changed from two to six years. The president of the Republic was elected by the Congress. The president of each state was re-titled Governor. Governors were to be appointed by the president of the Republic. The governor would choose the mayors of his department, except the mayor of Bogotá
, who was chosen by the president himself. Thus the president in effect had control of the executive at all levels.
In addition, the re-election of the president for subsequent terms was authorized.
The chamber, the departmental assemblies and the municipal councils were chosen by popular vote. The Senate was chosen by the departmental assemblies. The suffrage for elections of national scope was limited: Men must be 21 or older, and had to be literate. The restriction of knowing how to read and to write did not apply in regional elections.
The position of vice-president was reinstated and was initially occupied by Eliseo Payán
.
The Catholic religion became the official religion. In 1887 president Núñez made a concordat with the Vatican
, reinstating powers to the Catholic Church that they had lost in the previous constitution.
This method of implementing constitutional changes based on the partisan wind of the moment, without having to be the result of agreement by the different political parties or the will of the people, was one of the causes of bipartisan polarization and violence in Colmbia for many years. The population began to identify themselves more with the party concept than with the nation concept. The radical liberal segment was never reconciled to the loss of power and on three occasions between 1885 to 1895 they tried to gain it by force. It took 44 years (up to 1930) for the Liberal party to regain power. The Constitution of 1886 remained effective for more than one hundred years, guiding the mandate of twenty-three presidents of the Republic of Colombia, until the year 1991.
. Under this agreement the United States would pay Colombia $10 million USD and after nine years an annuity of $250,000 per year. The proposal was rejected by the Colombian Congress, who considered it disadvantageous to the country, not only because the payments would not last forever, but because conceding the isthmus indefinitely to a foreign country represented a loss of national sovereignty.
On November 3, 1903 Panama
separated from Colombia with the direct support of the United States. On November 6, the United States recognized Panama's sovereignty and on November 11, the United States informed Colombia they would oppose Colombian troops if they attempted to recover Panama and backed the claim by sending warships to the isthmus. The Thousand Days War
, along with political disorganization in Bogotá, had left Colombia too weak to oppose the separation. On November 18, the United States signed the Hay–Bunau Varilla Treaty with Panama for the construction of the Panama Canal
.
In December 1904, a few months after being elected president, General Rafael Reyes
shut down Congress because of its unwillingness to approve the reforms he desired. At the beginning of 1905, he summoned a National Constituent Assembly consisting of three representatives from each department, chosen by the departmental administrators.
The Assembly abolished the vice-presidency, two of the designaturas, and the State Council. It also specified that the magistrates of the Supreme Court of Justice would serve for life, recognized the right of representation for minorities, and the possibility of reforming the Constitution by means of a National Assembly.
The National Assembly demonstrated its support for a government with a dictatorial character when it established a presidential period of 10 years for General Reyes (from January 1, 1905 to January 31, 1914), with the possibility of directly appointing his successor. If the new president were someone other that Reyes the term would be for four years. However, General Reyes overthrown in 1909.
, to serve as Interim President of Colombia from August 3, 1909 to August 7, 1910.
In 1910 González summoned a National Assembly (elected through the municipal councils) to reform the Constitution of 1886, which started sessions on May 15. This important reform, inspired by the members of the Republican Union (a third political party with bipartisan principles of free elections and religious tolerance), banned the participation of the military in politics, and established the direct popular election of the president, departmental assemblies and municipal council. It reduced the presidential period from 6 to 4 years, prohibited the immediate re-election of presidents, eliminated the figure of the vice-president and replaced it by one appointee that would be chosen by the Congress. It established a system of proportional representation for the appointment of members of public corporations according to votes obtained, assuring a minimum of one third for the opposition party. It granted the Congress the faculty to choose the magistrates of the Supreme Court of Justice, consecrating constitutional control of the Supreme Court of Justice. With these reforms the presidential powers were reduced.
Before this reform, the president was chosen by intermediation of the electoral schools that represented the electoral districts, and the president who won the elections had the control to ensure he stayed in power for a lengthy period.
This reform kept in force the previous voter qualifications. These were the literacy requirement, and to have an annual rent of at least 300 pesos or to possess real estate with a value of at least 1,000 pesos.
The president retained the power to name governors who in turn would appoint mayors, corregidores
, administrators, directors of post offices, heads of jails, managers of banks, and some others.
It was not until August 27, 1932, during the government of Olaya Herrera
, that the number of seats in Congress was regulated with Law no. 7. This new law set the number of seats for each party to be proportional to the number of votes obtained by each party, with a mumimum of one third of the seats for the opposition party. Guaranteeing one third of the seats for the opposition had indirect undesired effects. During conservative governments, the liberal party boycotted the electoral process as a means of protest in several elections, knowing that in any case it would obtain one third of the positions in Congress. On one occasion, not even the third part was accepted.
To begin the period of transition, on July 15 the Constituent National Assembly made an exception to the rule of popular election of presidents and elected the first president of the Republican Union, Carlos Eugenio Restrepo
, and also chose the first and second designates.
, the Congress made several reforms. The right of suffrage was extended to all men 21 or older, eliminating the literacy condition. This rule was implemented for the first time in the presidential election of 1938, which the liberal Eduardo Santos
won.
Although they were not considered citizens for the purposes of suffrage, women were granted the right to occupy most public positions, and began to attend university. Control of the Catholic Church over education started to wane.
and by his suggestion, The National Constituent Assembly (Asamblea Nacional Constituyente, ANAC) unanimously recognized the political rights of women by means of the Legislative Act No. 3 of August 25, 1954. Women exerted this right for the first time during the plebiscite of December 1, 1957, to approve the constitutional change that would allow both traditional political parties, Liberal and Conservative, to co-govern as the National Front
.
Three attempts to recognize the right of women to vote had failed: First in 1934 during the government of Alfonso López Pumarejo
where a law was presented to the Congress which failed to pass, and voting rights for women did not appear in the constitutional reform of that year. The second attempt was the proposal presented by liberal Alberto Lleras Camargo
in 1944; it was postponed under the excuse that this regulation could not be approved before 1948. The third attempt was the proposal presented by the liberal Alfonso Romero Aguirre in 1948, which was slated to be implemented in a gradual fashion, which in reality was another postponement.
.
The plebiscite of December 1, 1957 approved, with almost 94% of votes cast, the constitutional reform giving parity to both traditional parties in control of Public Corporations for a term of 12 years. It was determined that the elections for President of the Republic, Congress, Departmental Assemblies, and Municipal Councils would take place during the first semester of 1958.
, the next to last President of the National Front.
With the purpose of regulating the electoral competition between parties, the reforms eliminated the distribution by halves for departmental assemblies and municipal councils. Also included were some measures to recognize minority parties. Some required reforms were postponed, in some cases indefinitely, such as the ordinal one of article 120 of the Constitution granting "the right and fair participation of the second party in voting". Article 120 had the unintended effect of limiting the participation of minority parties and therefore limiting citizen participation. It established that later reforms to the constitution could be made by the Congress, as long as the reform was approved by two thirds majority of the members of the Senate and the in camera voting of two consecutive ordinary legislative sessions.
, the Congress established popular voting for mayors and governors, with the aim of reducing or eliminating central control of the parties over nominations and of improving regional democracy.
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
that created the Republic of Colombia. Before 1886, the country was called United States of Colombia
United States of Colombia
The United States of Colombia was the name adopted in 1861 through the Rionegro Constitution for the nation which had been known as the Republic of New Granada since the dissolution of the federation of Gran Colombia in 1830-1831....
. The coalition of moderate Liberals
Liberalism in Colombia
This article gives an overview of liberalism in Colombia. It is limited to liberal parties with substantial support, mainly proved by having had a representation in parliament. The sign ⇒ means a reference to another party in that scheme...
and Conservatives
Conservatism in Colombia
Simón Bolívar is the image in which Conservatism in Colombia creates its ideologies: the ideals of this great character were used by many years on the different conservative movements. But the first formal party was created at the year of 1837, because of Jose Ignacio de Marquez and the image of...
that ended the liberal hegemony and placed Rafael Nuñez
Rafael Núñez (politician)
Rafael Wenceslao Núñez Moledo was a Colombian author, lawyer, journalist and politician, who was elected President of Colombia in 1880 and in 1884. Rafael Núñez was born in Cartagena de Indias, on September 28, 1825. He died in Cartagena on September 18, 1894.-Early life:Little is known about the...
in power repealed the Constitution of Rionegro and substituted the constitution of 1886. From then on, the country was officially called the Republic of Colombia.
Constituent Assembly
Rafael Núñez announced a national regeneration program and changed the country from a decentralized federal system to a centralized system with a strong central presidency. The presidential term was changed from two to six years. The president of the Republic was elected by the Congress. The president of each state was re-titled Governor. Governors were to be appointed by the president of the Republic. The governor would choose the mayors of his department, except the mayor of Bogotá
Bogotá
Bogotá, Distrito Capital , from 1991 to 2000 called Santa Fé de Bogotá, is the capital, and largest city, of Colombia. It is also designated by the national constitution as the capital of the department of Cundinamarca, even though the city of Bogotá now comprises an independent Capital district...
, who was chosen by the president himself. Thus the president in effect had control of the executive at all levels.
In addition, the re-election of the president for subsequent terms was authorized.
The chamber, the departmental assemblies and the municipal councils were chosen by popular vote. The Senate was chosen by the departmental assemblies. The suffrage for elections of national scope was limited: Men must be 21 or older, and had to be literate. The restriction of knowing how to read and to write did not apply in regional elections.
The position of vice-president was reinstated and was initially occupied by Eliseo Payán
Eliseo Payán
José Eliseo Payán Hurtado was a Colombian lawyer, politician, and military officer. Payán as Vice President of Colombia assumed the Presidency of Colombia due to the absence of President Rafael Núñez in 1887.- Biographic data :...
.
The Catholic religion became the official religion. In 1887 president Núñez made a concordat with the Vatican
Holy See
The Holy See is the episcopal jurisdiction of the Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and...
, reinstating powers to the Catholic Church that they had lost in the previous constitution.
This method of implementing constitutional changes based on the partisan wind of the moment, without having to be the result of agreement by the different political parties or the will of the people, was one of the causes of bipartisan polarization and violence in Colmbia for many years. The population began to identify themselves more with the party concept than with the nation concept. The radical liberal segment was never reconciled to the loss of power and on three occasions between 1885 to 1895 they tried to gain it by force. It took 44 years (up to 1930) for the Liberal party to regain power. The Constitution of 1886 remained effective for more than one hundred years, guiding the mandate of twenty-three presidents of the Republic of Colombia, until the year 1991.
Separation of Panama 1903
In the Hay–Herran Treaty, signed January 22, 1903, Colombia would have indefinitely rented a strip of land to the United States for the construction of a canal in the Department of PanamaDepartment of Panama
The Isthmus Department or Department of Panama was one of the departments of Gran Colombia and later of the Republic of Colombia. It was created in 1824 and covered the territory of what is now the country of Panama and some territories north....
. Under this agreement the United States would pay Colombia $10 million USD and after nine years an annuity of $250,000 per year. The proposal was rejected by the Colombian Congress, who considered it disadvantageous to the country, not only because the payments would not last forever, but because conceding the isthmus indefinitely to a foreign country represented a loss of national sovereignty.
On November 3, 1903 Panama
Panama
Panama , officially the Republic of Panama , is the southernmost country of Central America. Situated on the isthmus connecting North and South America, it is bordered by Costa Rica to the northwest, Colombia to the southeast, the Caribbean Sea to the north and the Pacific Ocean to the south. The...
separated from Colombia with the direct support of the United States. On November 6, the United States recognized Panama's sovereignty and on November 11, the United States informed Colombia they would oppose Colombian troops if they attempted to recover Panama and backed the claim by sending warships to the isthmus. The Thousand Days War
Thousand Days War
The Thousand Days' War , was a civil armed conflict in the newly created Republic of Colombia, between the Conservative Party, the Liberal Party and its radical factions. In 1899 the ruling conservatives were accused of maintaining power through fraudulent elections...
, along with political disorganization in Bogotá, had left Colombia too weak to oppose the separation. On November 18, the United States signed the Hay–Bunau Varilla Treaty with Panama for the construction of the Panama Canal
Panama Canal
The Panama Canal is a ship canal in Panama that joins the Atlantic Ocean and the Pacific Ocean and is a key conduit for international maritime trade. Built from 1904 to 1914, the canal has seen annual traffic rise from about 1,000 ships early on to 14,702 vessels measuring a total of 309.6...
.
The Reform of 1905
Rafael Reyes
Rafael Reyes Prieto was Chief of Staff of the Colombian National Army and President of Colombia .- Biographic data :...
shut down Congress because of its unwillingness to approve the reforms he desired. At the beginning of 1905, he summoned a National Constituent Assembly consisting of three representatives from each department, chosen by the departmental administrators.
The Assembly abolished the vice-presidency, two of the designaturas, and the State Council. It also specified that the magistrates of the Supreme Court of Justice would serve for life, recognized the right of representation for minorities, and the possibility of reforming the Constitution by means of a National Assembly.
The National Assembly demonstrated its support for a government with a dictatorial character when it established a presidential period of 10 years for General Reyes (from January 1, 1905 to January 31, 1914), with the possibility of directly appointing his successor. If the new president were someone other that Reyes the term would be for four years. However, General Reyes overthrown in 1909.
The Reform of 1910
Because of the unexpected overthrow of General Reyes on June 13, 1909, the Congress chose the former vice-president, conservative General Ramon González ValenciaRamón González Valencia
Ramón González Valencia was a Colombian conservative, military officer and statesman. He participated in the civil wars of 1876, Colombian Civil War of 1895, and the Thousand Days War.- Biographic data :...
, to serve as Interim President of Colombia from August 3, 1909 to August 7, 1910.
In 1910 González summoned a National Assembly (elected through the municipal councils) to reform the Constitution of 1886, which started sessions on May 15. This important reform, inspired by the members of the Republican Union (a third political party with bipartisan principles of free elections and religious tolerance), banned the participation of the military in politics, and established the direct popular election of the president, departmental assemblies and municipal council. It reduced the presidential period from 6 to 4 years, prohibited the immediate re-election of presidents, eliminated the figure of the vice-president and replaced it by one appointee that would be chosen by the Congress. It established a system of proportional representation for the appointment of members of public corporations according to votes obtained, assuring a minimum of one third for the opposition party. It granted the Congress the faculty to choose the magistrates of the Supreme Court of Justice, consecrating constitutional control of the Supreme Court of Justice. With these reforms the presidential powers were reduced.
Before this reform, the president was chosen by intermediation of the electoral schools that represented the electoral districts, and the president who won the elections had the control to ensure he stayed in power for a lengthy period.
This reform kept in force the previous voter qualifications. These were the literacy requirement, and to have an annual rent of at least 300 pesos or to possess real estate with a value of at least 1,000 pesos.
The president retained the power to name governors who in turn would appoint mayors, corregidores
Corregidor (position)
A corregidor was a local, administrative and judicial position in Spain and its empire. He was the highest authority of a Corregimiento. In the Americas a corregidor was often called an alcalde mayor. They began to be appointed in fourteenth century Castile and the institution was definitively...
, administrators, directors of post offices, heads of jails, managers of banks, and some others.
It was not until August 27, 1932, during the government of Olaya Herrera
Enrique Olaya Herrera
Enrique Alfredo Olaya Herrera was a Colombian journalist and politician, President of Colombia from August 7, 1930 until August 7, 1934 representing the Colombian Liberal Party.- Early years :...
, that the number of seats in Congress was regulated with Law no. 7. This new law set the number of seats for each party to be proportional to the number of votes obtained by each party, with a mumimum of one third of the seats for the opposition party. Guaranteeing one third of the seats for the opposition had indirect undesired effects. During conservative governments, the liberal party boycotted the electoral process as a means of protest in several elections, knowing that in any case it would obtain one third of the positions in Congress. On one occasion, not even the third part was accepted.
To begin the period of transition, on July 15 the Constituent National Assembly made an exception to the rule of popular election of presidents and elected the first president of the Republican Union, Carlos Eugenio Restrepo
Carlos Eugenio Restrepo
For the President of Colombia from 1966 to 1970, see Carlos Lleras RestrepoCarlos Eugenio Restrepo Restrepo was a Colombian lawyer, writer, and statesman, who was elected President of Colombia in 1910. During his administration he worked towards making political reconciliation among the...
, and also chose the first and second designates.
The Reform of 1936
On August 1, 1936, during the government of Alfonso López PumarejoAlfonso López Pumarejo
Alfonso López Pumarejo was a two-time Colombian president and political figure, as a member of the Colombian Liberal Party. He served as president of Colombia for the first time between 1934 and 1938 and again between 1942 and 1945....
, the Congress made several reforms. The right of suffrage was extended to all men 21 or older, eliminating the literacy condition. This rule was implemented for the first time in the presidential election of 1938, which the liberal Eduardo Santos
Eduardo Santos
Eduardo Santos Montejo was a leading Colombian publisher and politician, active in the Colombian Liberal Party. He owned the prominent Bogotá newspaper El Tiempo, and served as the President of Colombia from August 1938 to August 1942.Santos was close friends with the Venezuelan Ambassador in...
won.
Although they were not considered citizens for the purposes of suffrage, women were granted the right to occupy most public positions, and began to attend university. Control of the Catholic Church over education started to wane.
The Reform of 1954
During the government of Gustavo Rojas PinillaGustavo Rojas Pinilla
Gustavo Rojas Pinilla was a Colombian politician, military officer, General of the Army and President of Colombia between 1953 and 1957.- Biographic data :...
and by his suggestion, The National Constituent Assembly (Asamblea Nacional Constituyente, ANAC) unanimously recognized the political rights of women by means of the Legislative Act No. 3 of August 25, 1954. Women exerted this right for the first time during the plebiscite of December 1, 1957, to approve the constitutional change that would allow both traditional political parties, Liberal and Conservative, to co-govern as the National Front
National Front (Colombia)
National Front was a period in the history of Colombia in which the two main political parties; Liberal Party and Conservative Party agreed to let the opposite party govern, intercalating for a period of four presidential terms....
.
Three attempts to recognize the right of women to vote had failed: First in 1934 during the government of Alfonso López Pumarejo
Alfonso López Pumarejo
Alfonso López Pumarejo was a two-time Colombian president and political figure, as a member of the Colombian Liberal Party. He served as president of Colombia for the first time between 1934 and 1938 and again between 1942 and 1945....
where a law was presented to the Congress which failed to pass, and voting rights for women did not appear in the constitutional reform of that year. The second attempt was the proposal presented by liberal Alberto Lleras Camargo
Alberto Lleras Camargo
Alberto Lleras Camargo was an important Colombian diplomat and political figure.He was a member of the Liberal Party of Colombia; he served as congressman , Minister of Education, Minister of the Interior and Minister of Foreign Affairs, during the governments of Alfonso López Pumarejo and Eduardo...
in 1944; it was postponed under the excuse that this regulation could not be approved before 1948. The third attempt was the proposal presented by the liberal Alfonso Romero Aguirre in 1948, which was slated to be implemented in a gradual fashion, which in reality was another postponement.
The Reform of 1957
In October 1957 the temporary Military Junta that succeeded Rojas Pinilla authorized with the agreement of the traditional political parties constitutional reform by means of the Legislative Act No. 0247. This legislation fixed the parity of the parties with the stated purpose of finding a solution to the problems of the country. This agreement and the corresponding period was called National FrontNational Front (Colombia)
National Front was a period in the history of Colombia in which the two main political parties; Liberal Party and Conservative Party agreed to let the opposite party govern, intercalating for a period of four presidential terms....
.
The plebiscite of December 1, 1957 approved, with almost 94% of votes cast, the constitutional reform giving parity to both traditional parties in control of Public Corporations for a term of 12 years. It was determined that the elections for President of the Republic, Congress, Departmental Assemblies, and Municipal Councils would take place during the first semester of 1958.
The Reform of 1958
The first Congress elected by popular means within the National Front made a constitutional change to extend the term of the National Front from 12 to 16 years, and decided that the first president would be Liberal and not Conservative as agreed before.The Reform of 1968
Although the National Front ended in 1974, the constitutional reforms preparing for the transition began in 1968 during the government of Carlos Lleras RestrepoCarlos Lleras Restrepo
Carlos Lleras Restrepo was a Colombian lawyer and political figure, President of Colombia .- Biographic data :...
, the next to last President of the National Front.
With the purpose of regulating the electoral competition between parties, the reforms eliminated the distribution by halves for departmental assemblies and municipal councils. Also included were some measures to recognize minority parties. Some required reforms were postponed, in some cases indefinitely, such as the ordinal one of article 120 of the Constitution granting "the right and fair participation of the second party in voting". Article 120 had the unintended effect of limiting the participation of minority parties and therefore limiting citizen participation. It established that later reforms to the constitution could be made by the Congress, as long as the reform was approved by two thirds majority of the members of the Senate and the in camera voting of two consecutive ordinary legislative sessions.
The Reform of 1984
On November 21, 1984, during the government of Belisario BetancurBelisario Betancur
Belisario Betancur Cuartas is a Colombian statesman, who as a member of the Colombian Conservative Party was President of Colombia from 1982 to 1986.- Biographic data :...
, the Congress established popular voting for mayors and governors, with the aim of reducing or eliminating central control of the parties over nominations and of improving regional democracy.