President of Argentina

The President of the Argentine Nation (Spanish: Presidente de la Nación Argentina), usually known as the President of Argentina, is the head of state of Argentina. Under the national Constitution, the President is also the chief executive of the federal government and Commander-in-Chief of the armed forces.

Through Argentine history, the office of the Head of State has undergone many changes, both in its title as in its features and powers. The current President is Cristina Fernández de Kirchner, who was sworn in to a second term on 10 December 2011.

Features of the office

Requirements

Section 90 of the Argentine Constitution establishes the requirements for becoming the President. The President must be a natural-born citizen of the country, or have been born to Argentine citizens if born abroad. The President must also meet the same requirements as a Senator.

Sections 94 to 98 discuss the electoral requirements. A two-round system is used (Section 94). In order to win the election in the first turn, the winning candidate's party must receive either more than 45 percent of so-called "votos positivos" (Section 97) or at least 40 percent of "votos positivos" and be more than 10 percent ahead of the candidate with the second-highest percentage (Section 98). "Votos positivos" are the sum of all votes validly cast for any of the candidates, leaving out of the count blank and spoilt votes.

If no candidate obtains the necessary votes to win in the first round, then the two most voted candidates compete in the second round, held two weeks later, when the candidate beating by at least one vote becomes elected president.

Term duration

Under the 1994 constitutional amendment, the President serves for four years, with a possibility of immediate reelection for one more term. However, unlike the President of the United States, in Argentina a person may be reelected again after serving for two terms, and staying out of office for the following. So after serving for two consecutive periods, the president is not allowed to run for a third consecutive one, but may return for the two following elections and so on. Naturally there is no limit for a person to be a candidate if he or she does not win the elections.

Also, a person being vice-president for two consecutive periods, or president and then vice-president, or vice-president and then president, is under the same restrictions mentioned above.

Under the constitution of 1853, the President served for six years, with no possibility of consecutive reelection. In 1949, reelection for an indefinite number of terms was allowed (and disabled in 1957). After the 1966 military coup, the rulers promulgated a law establishing terms of four years, terms which were never completed because of political instability.

History of the Office of Head of State

The origins of Argentina as a nation can be traced to 1776, when it was separated by the Spanish King from the existing Viceroyalty of Peru, creating the new Viceroyalty of the Río de la Plata. The Head of State continued to be the King, but was represented locally by the Viceroy. These Viceroys were seldom natives of the country.

By the May Revolution of May 25, 1810, the first Argentine autonomous government, known as the Primera Junta, was formed in Buenos Aires. It was later known as the Junta Grande when representatives from the provinces joined. These early attempts of self-government where succeeded by two Triumvirates and, although the first juntas had presidents, the King of Spain was still regarded as Head of State (as independence had not yet been declared), and the executive power was not still in the hands of a single person.

This power was vested in one man when the position of Supreme Director was created by the 1813 National Assembly. The Supreme Directors became Heads of State after Independence was declared on 9 July 1816, but there were not yet truly a presidential system.

In 1819, Congress declared Independence and composed a Constitution. This established an executive figure, named Supreme Director, who was vested with presidential powers. This constitution gave the Supreme Director the power of appointing Governors of the provinces. Due to political circumstances, this constitution never came into force, and the central power was dissolved, leaving the country a federation of provinces.

A new constitution was drafted in 1826. This constitution was the first to create a President, although this office retained the powers described in the 1819 constitution. This constitution did come into force, resulting in the election of the first President, Bernardino Rivadavia. Because of the Argentina-Brazil War, Rivadavia resigned after a short time, and the office was dissolved shortly after.

A civil war between unitarios (unitarians, i. e. Buenos Aires centralists) and federales (federalists) ensued in the following decades. In this time, there was no central authority, and the closest to that was the Chairman of Foreign Relations, typically the Governor of the Province of Buenos Aires. The last to bear this title was Juan Manuel de Rosas, who in the last years of his governorship was elected Supreme Chief of the Confederation, gaining effective rule of the rest of the country.

In 1852, Rosas was deposed, and a constitutional convention was summoned. This constitution, still in force, established a national federal government, with the office of the President. The term was fixed as six years, with no possibility of reelection. The first elected President under the constitution was Justo José de Urquiza, but Buenos Aires seceded from the Argentine Confederation as the State of Buenos Aires. Bartolomé Mitre was the first president of the unified country, when Buenos Aires rejoined the Confederation. Thus, Rivadavia, Urquiza and Mitre and considered the first presidents of Argentina by different historians: Rivadavia for being the first one to use the title, Urquiza for being the first one to rule under the 1853 constitution, and Mitre for being the first president of Argentina under its current national limits.^[1]

In 1930, and again in 1943, 1955, 1962, 1966 and 1976, military coups deposed elected Presidents. In 1966 and 1976, federal government was undertaken by a military junta, where power was shared by the chiefs of the armed forces. In 1962, the President of the Senate ruled, but in the other cases, a military chief assumed the title of President.

It is debatable whether these military presidents can properly be called Presidents, as there are issues with the legitimacy of their governments. The position of the current Argentine government is that military Presidents Leopoldo Fortunato Galtieri and Jorge Rafael Videla were explicitly not legitimate presidents. They, and their immediate successors were denied the right to a presidential pension after the conclusion of their terms. The status of earlier military presidents, however, remains more uncertain.

De facto governments

Following military coups that overthrew the constitutional government was de facto military presidents in 1930, 1943–1944, 1955–1958, 1966–1973 and 1976-1983 that brought in addition to the powers of the president also corresponding to Congress. The subsequent analysis of the validity of their actions led to the subsequent formulation of the doctrine of de facto governments.

That doctrine was nullified by the constitutional reform of 1994 (Article 36), which stated "usurpers" who have stopped the enforcement of the Constitution by acts of force.

Article 29 of the Constitution of 1853 had an article that he considered the sum of public power as 'treason', but was referred to the de jure rulers. For this reason in the constitutional reform of 1994 included Article 36 which says:

Article 36. This Constitution shall rule even when its observance is interrupted by acts of force against the constitutional order and democratic system. These acts shall be irreparably null. Their authors will be subject to the penalty provided in Section 29, disqualified in perpetuity from holding public office and excluded from the benefits of pardon and commutation of sentences.

Who have the same penalties as a result of these actions, assume the powers foreseen for the authorities of this Constitution or those of the provinces, those civil and criminally liable for their actions. The respective actions shall be barred.

All citizens have the right of resistance to those committing acts of force stated in this article.

Also attempt against the democratic system who incurs in serious fraudulent offense against the state that entails enrichment, shall be disqualified for the time specified by law to hold public office.

The Congress shall enact a law on public ethics for the exercise of the function.

In summary the article states:

• Absolute nullity of the acts issued by government installed by force;
• The authors shall be punished as infamous traitors to the Fatherland "
• These crimes are barred and the authors can not receive the benefit of the amnesty;
• Every citizen has the right to resistance against these acts of force.

Complements

The most famous presidential airplane, known as "Tango 01" (by analogy with U.S. Air Force One), owes its name to the denomination of T (pronounced tango in the NATO alphabet) for Transport, which creates an interesting word-game for the Argentine classical Tango music. The presidential helicopter is the usual means of transport between the Quinta de Olivos and the Casa Rosada.

Line of succession

Vice-President

The office of Vice-President was established by the 1853 Constitution for the purpose of providing a succession in case the President is unable to complete its term. The Argentine Constitution (art. 88) entitles the Vice-President to exercise the role and duties of the President, both in the case of a temporary absence and in the case of a permanent absence due to health reasons, death, resignation or removal.

Line of succession

In the absence of both the President and the Vice-President, the succession is regulated by the Law 20,972 ("Acephaly Law"). It provides that the Executive Power must be temporarily exercised (without assuming the title of President) by the provisional President of the Senate. In its absence, by the President of the Chamber of Deputies. In the absence of both, by the President of the Supreme Court.

In case of the permanent absence of both the President and the Vice-President, due to resignation, death, or removal, the Constitution (art. 88) entitles the National Congress Assembled to select a new President from among the current Senators, Deputies and Governors, within the following two days of the death or resignation of the former President, and to provide him or her with a mandate to call for elections.

Living former presidents

See also

• List of Presidents of Argentina
• List of Vice-Presidents of Argentina

Bibliography

• Mendelevich, Pablo (2010). El Final. Buenos Aires: Ediciones B. ISBN 978-987-627-166-0. 

References

External links

• Official site of the Argentine presidency (Spanish)
• ElHistoriador.com.ar (presidents and ministres of the Repúblic Argentine).
• Apodos: la historia también tiene sentido del humor