The Southwestern Historical Quarterly, Volume 20, July 1916 - April, 1917 Page: 23
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The Sources of the Mexican Acta Constitutiva
executive, as defined by the Acta Constitutiva, was to be restricted
by a careful definition of power.10 The powers of the king of
Spain were similary enumerated by the constitution of 1812, the,
example of which undoubtedly influenced the Mexicans.l"
The Mexican chief executive was to be granted full control in,
the nomination and removal of cabinet secretaries. The respon-
sibility of these secretaries was 'to be to the chief executive, as
in the United States, and not to the national congress as in
Spain.12 Similarly in the field of diplomatic and consular affairs
the United States was the model followed. The Mexican chief
executive was to have control of the appointment of diplomatic
and consular representatives, subject to the approval of the sen-
ate,'3 and of the negotiation of treaties, subject in all cases to
the approval of the General Congress.14 The constitution of
1812 likewise granted to the King of Spain the direction of dip-
lomatic and commercial relations with other nations, but did not
restrain his action by the necessity of approval by the cortes.'5
The veto and ordinance power of the chief executive best illus-
trates the leaven of Spanish precedent. The chief executive was
to be granted the right of veto and the power to use this priv-
ilege at once or within ten days after a measure had been pre-
sented to him. A veto, following upon the dissolution of the
General Congress, was to suspend the measure until further action
had been taken at the next session.'" Thus the "pocket veto'r
was guarded against. A similar provision is to be found in the
constitution of 1812, save that the king is there granted a period
of thirty days within which to approve or disapprove any
The ordinance power granted the Mexican chief executive is
provided for as follows:
Article 16, Section 14. "The chief executive shall have power
OAecta Constitutiva, Art. 16.
"Constitution of Spain (1812), Titulo IV, Capltulo I, Art. 171.
12Ibid., Tftulo IV, Capftulo I, Art. 171, See. 1.
'3Acta Constitutiva, Art. 16, See. 10.
1Ibid., Art. 16, Sec. 11.
"Constitution of Spain (1812), Titulo IV, Capftulo I, Art. 171, Sec. 10.
s"Acta Constitutiva, Art. 16, Sec. 13.
T1Constitution of Spain (1812), Titulo III, Captulo VIII, Arts. 150, 151.
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 20, July 1916 - April, 1917, periodical, 1917; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101070/m1/29/: accessed December 13, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.