| CONSTITUTION OF THE REPUBLIC OF LIBERIA
CHAPTER V
THE LEGISLATURE
Article29 The legislative power of the Republic shall be vested in the Legislature of Liberia which shall consist of two separate houses: A Senate and a House of Representatives, both of which must pass on all legislation. The enacting style shall be: "It is enacted by the Senate and House of Representatives of the Republic of Liberia in Legislature assembled.”
Article 30 Citizens of Liberia who meet the following qualifications are eligible to become members of the Legislature:
a) for the Senate, have attained the age of 30 years and for the House of Representatives, have attained the age of 25 years;
b) be domiciled in the county or constituency to be represented not less than one year prior to the time of the election and be a taxpayer.
Article 31 Each member of the Legislature, before taking his seat and entering upon the duties of office, shall take and subscribe to a solemn oath or affirmation, before the presiding officer of the House to which such person was elected and in the presence of other members of that House, to uphold and defend the Constitution and laws of the Republic and to discharge faithfully the duties of such office.
Article 32
a) The Legislature shall assemble in regular session once a year on the second working Monday in January.
b) The President shall, on his own initiative or upon receipt of a certificate signed by at least one fourth of the total member ship of each House, and by proclamation, extend a regular session of the Legislature beyond the date for adjournment or call a special or extraordinary session of that body to discuss or act upon matters of national emergency and concern. When the extension or call is at the request of the Legislature, the proclamation shall be issued not later than forty eight hours after receipt of the certificate by the President.
Article 33 A simple majority of each House shall constitute a quorum for the transaction of business, but a lower number may adjourn from day to day and compel the attendance of absent members. Whenever the House of Representatives and the senate shall meet in joint session, the presiding officer of the House of Representatives shall preside.
Article 34 The Legislature shall have the power:
a) to create new counties and other political sub divisions, and readjust existing county boundaries;
b) to provide for the security of the Republic;
c) to provide for the common defense, to declare war and authorize the Executive to conclude peace; to raise and support the Armed Forces of the Republic, and to make appropriations therefor provided that no appropriation of money for that use shall be for a longer term than one year; and to make rules for the governance of the Armed Forces of the Republic;
d) to levy taxes, duties, imposts, excise and other revenues, to borrow money, issue currency, mint coins, and to make appropriations for the fiscal governance of the Republic, subject to the following qualifications:
(i) all revenue bills, whether subsidies, charges, imposts, duties or taxes, and other financial bills, shall originate in the House of Representatives, but the Senate may propose or concur with amendments as on other bills . No other financial charge shall be established, fixed, laid or levied on any individual, community or locality under any pretext whatsoever except by the expressed consent of the individual, community or locality . In all such cases, a true and correct account of funds collected shall be made to the community or locality;
(ii) no monies shall be drawn from the treasury except in consequence of appropriations made by legislative enactment and upon warrant of the President; and no coin shall be minted or national currency issued except by the expressed authority of the Legislature. An annual statement and account of the receipt and expenditure of all public monies shall be submitted by the office of the President to the Legislature and published once a year;
(iii) no loans shall be raised by the Government on behalf of the Republic or guarantees given for any public institution or authority otherwise than by or under the authority of a legislative enactment;
e) to constitute courts inferior to the Supreme Court, including circuit courts, claims courts and such other courts with such prescribed jurisdictional powers as may be deemed necessary for the proper administration of justice throughout the Republic;
f) to approve treaties, conventions and such other international agreements negotiated or signed on behalf of the Republic;
g) to regulate trade and commerce between Liberia and other nations;
h) to establish laws for citizenship, naturalization and residence;
i) to enact the election laws;
j) to establish various categories of criminal offenses and provide for the punishment thereof;
k) to enact laws providing pension scheme for various categories of government officials and employees in accordance with age and tenure of service; and
I) to make ail other laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the Republic, or in any department or officer thereof .
Article 35 Each bill or resolution which shall have passed both Houses of the Legislature shall, before it becomes law, be laid before the President for his approval. If he grants approval, it shall become law. If the President does not approve such bill or resolution, he shall return it, with his objections, to the House in which it originated. In so doing, the President may disapprove of the entire bill or resolution or any item or items thereof. This veto may be overridden by the re passage of such bill, resolution or item thereof by a vote of two thirds of the members in each House, in which case it shall become law. If the President does not return the bill or resolution within twenty days after the same shall have been laid before him it shall become law in like manner as if he had signed it, unless the Legislature by adjournment prevents its return.
No bill or resolution shall embrace more than one subject which shall be expressed in its title.
Article 36 The Senators and Representatives shall receive from the Republic remuneration for their services to be fixed by law, provided that any increase shall become effective at the beginning of the next fiscal year.
Article 37 In the event of a vacancy in the Legislature caused by death, resignation, expulsion or otherwise, the presiding officer shall within 30 days notify the Elections Commission thereof. The Elections Commission shall not later than 90 days thereafter cause a by election to be held; provided that where such vacancy occurs within 90 days prior to the holding of general elections, the filling of the vacancy shall await the holding of such general elections .
Article 38 Each House shall adopt its own rules of procedure, enforce order, and with the concurrence of two thirds of the entire membership, may expel a member for cause Each House shall establish its own committees and sub committees; provided, however, that the committees on revenues and appropriations shall consist of one member from each County. All rules adopted by the Legislature shall conform to the requirements of due process of law laid down in this Constitution.
Article 39 The Legislature shall cause a census of the Republic to be under taken every ten years.
Article 40 Neither House shall adjourn for more than five days without the consent of the other and both Houses shall always sit in the same city
Article 41 The business of the Legislature shall be conducted in the English language or, when adequate preparations shall have been made, in one or more of the languages of the Republic as the Legislature may by resolution approve.
Article 42 No member of the Senate or House of Representatives shall be arrested, detained, prosecuted or tried as a result of opinions expressed or votes cast in the exercise of the functions of his office. Members shall be privileged from arrest while attending, going to or returning from sessions of the Legislature, except for treason, felony or breach of the peace. All official acts done or performed and all statement made in the Chambers of the Legislature shall be privileged, and no Legislator shall be held accountable or punished therefor.
Article43 The power to prepare a bill of impeachment is vested solely in the House of Representatives, and the power to try all impeachments is vested solely in the Senate. When the President, Vice President or an Associate Justice is to be tried, the Chief Justice shall preside; when the Chief Justice or a judge of a subordinate court of record is to be tried, the President of the Senate shall preside. No person shall be impeached but by the concurrence of two thirds of the total membership of the Senate. Judgments in such cases shall not extend beyond removal from office and disqualification to hold public office in the Republic; but the party may be tried at law for the same offense. The Legislature shall prescribe the procedure for impeachment proceedings which shall be in conformity with the requirements of due process of law.
Article 44 Contempt of the Legislature shall consist of actions which obstruct the legislative functions or which obstruct or impede members or officers of the Legislature in the discharge of their legislative duties and may be punished by the House concerned by reasonable sanctions after a hearing consistent with due process of law. No sanction shall extend beyond the session of the Legislature wherein it is imposed, and any sanction imposed shall conform to the provisions on Fundamental Rights laid down in this Constitution. Disputes between legislators and non members which are properly cognizable in the courts shall not be entertained or heard in the Legislature.
Article 45 The Senate shall be composed of Senators elected for a term of nine years by the registered voters in each of the counties, but a Senator elected in a by election to fill a vacancy created by death, resignation, expulsion or otherwise, shall be so elected to serve only the remainder of the unexpired term of office. Each county shall elect two Senators and each Senator shall have one vote in the Senate. Senators shall be eligible for re election.
Article 46 Immediately after the Senate shall have assembled following the elections prior to the coming into force of this Constitution; the Senators shall be divided into two categories as a result of the votes cast in each county. The Senator with the higher votes cast shall be the Senator of the first category and the Senator with the lower votes cast shall be Senator of the second category; provided that no two Senators from a county shall be placed in the same category. The seats of Senators of the first category shall be vacated at the expiration of the ninth year. In the interest of legislative continuity, the Senators of the second category shall serve a first term of six years only, after the first elections. Thereafter, all Senators shall be elected to serve a term of nine years.
Article 47 The Senate shall elect once every six years a President Pro Tempore who shall preside in the absence of the President of the Senate, and such other officers as shall ensure the proper functioning of the Senate. The President Pro Tempore and other officers so elected may be removed from office for cause by resolution of a two thirds majority of the members of the Senate.
Article 48 The House of Representatives shall be composed of members elected for a term of six years by the registered voters in each of the legislative constituencies of the counties, but a member of the House of Representatives elected in a by election to fill a vacancy created by death, resignation, expulsion or otherwise, shall be elected to serve only the remainder of the unexpired term of the office. Members of the House of Representatives shall be eligible for re election.
Article 49 The House of Representative shall elect once every six years a Speaker who shall be the presiding officer of that body, a Deputy Speaker, and such other officers as shall ensure the proper functioning of the House. The Speaker, the Deputy Speaker and other officers so elected may be removed from office for cause by resolution of a two thirds majority of the members of the House.
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CHAPTER VI
THE EXECUTIVE
Article 50 The Executive Power of the Republic shall be vested in the President who shall be Head of State, Head of Government and Commander in Chief of the Armed Forces of Liberia. The president shall be elected by universal adult suffrage of registered voters in the Republic and shall hold office for a term of six years commencing at noon on the third working Monday in January of the year immediately following the elections . No person shall serve as President for more than two terms.
Article 51 There shall be a Vice President who shall assist the President in the discharge of his functions. The Vice President shall be elected on the same political ticket and shall serve the same term as the President. The Vice President shall be President of the Senate and preside over its deliberations without the right to vote, except in the case of a tie vote. He shall attend meetings of the cabinet and other governmental meetings and shall perform such functions as the President shall delegate or deem appropriate; provided that no powers specifically vested in the President by the provisions of this Constitution shall be delegated to the Vice President.
Article 52 No person shall be eligible to hold the office of President or Vice President, unless that person is:
a) a natural born Liberian citizen of not less than 35 years of age;
b) the owner of unencumbered real property valued at not less than twenty five thousand dollars; and
c) resident in the Republic ten years prior to his election, pro vided that the President and the Vice President shall not come from the same County.
Article 53
a) The President and the Vice President shall, before entering on the execution of the duties of their respective offices, take a solemn oath or affirmation to preserve, protect and defend the Constitution and laws of the Republic and faithfully execute the duties of the office. The oath or affirmation shall be administered in joint convention of both Houses of the Legislature by the Chief Justice or, in his absence, the most senior Associate Justice.
b) In an emergency where the Chief Justice and the Associate Justices are not available, such oath or affirmation shall be administered by a judge of a subordinate court of record.
Article 54 The President shall nominate and, with the consent of the Senate, appoint and commission
a) cabinet ministers, deputy and assistant cabinet ministers;
b) ambassadors, ministers, consuls; and
c) the Chief Justice and Associate Justices of the Supreme Court and judges of subordinate courts;
d) superintendents, other county officials and officials of other political sub divisions;
e) members of the military from the rank of lieutenant or its equivalent and above; and
f) marshals, deputy marshals, and sheriffs .
Article 55 The President shall appoint and commission Notaries Public and Justices of the Peace who shall hold office for a term of two years but may be removed by the President for cause. They shall be eligible for reappointment.
Article 56
a) All cabinet ministers, deputy and assistant cabinet ministers, ambassadors, ministers and consuls, superintendents of counties and other government officials, both military and civilian, appointed by the President pursuant to this Constitution shall hold their offices at the pleasure of the President .
b) There shall be elections of Paramount, Clan and Town Chiefs by the registered voters in their respective localities, to serve for a term of six years. They may be re elected and may be removed only by the President for proved misconduct. The Legislature shall enact laws to provide for their qualifications as may be required.
Article 57 The President shall have the power to conduct the foreign affairs of the Republic and in that connection he is empowered to conclude treaties, conventions and similar international agreements with the concurrence of a majority of each House of the Legislature.
Article 58 The President shall, on the fourth working Monday in January of each year, present the administration's legislative program for the ensuing session, and shall once a year report to the Legislature on the state of the Republic . In presenting the economic condition of the Republic the report shall cover expenditure as well as income.
Article 59 The President may remit any public forfeitures and penalties, suspend any fines and sentences, grant reprieves and pardons, and restore civil rights after conviction for all public offenses, except impeachment.
Article 60 The President and the Vice President shall receive salaries which shall be determined by the Legislature and be paid by the Republic. Such salaries shall be subject to taxes as defined by law and shall neither be increased nor diminished during the period for which the President and the Vice President shall have been elected.
Article 61 The President shall be immune from any suits, actions or proceedings, judicial or otherwise, and from arrest, detention or other actions on account of any act done by him while President of Liberia pursuant to any provision of this Constitution or any other laws of the Republic . The President shall not, however, be immune from prosecution upon removal from office for the commission of any criminal act done while President.
Article 62 The President and the Vice President may be removed from office by impeachment for treason, bribery and other felonies, violation of the Constitution or gross misconduct.
Article 63
a) Whenever a person elected to the office of President dies or is otherwise incapacitated before being inaugurated into office, the Vice President elect shall succeed to the office of President, and this accession shall commence a term .
b) Whenever the office of the President shall become vacant by reason of death, resignation, impeachment, or the President shall be declared incapable of carrying out the duties and functions of his office, the Vice President shall succeed to the office of the President to complete the unexpired term. In such a case, this shall not constitute a term.
c) The Legislature shall, no later than one year after the coming into force of this Constitution, prescribe the guidelines and determine the procedures under which the President, by reason of illness, shall be declared incapable of carrying out the functions of his office.
d) Whenever the office of the Vice President becomes vacant by reason of death, resignation, impeachment, inability or other wise, the President shall, without delay, nominate a candidate who, with the concurrence of both Houses of the Legislature, shall be sworn in and hold office as Vice President until the next general election are held. Whenever the Vice President elect dies, resigns, or is incapacitated before being inaugurated, the President elected on the same ticket with him, shall, after being inaugurated into office, nominate without delay a candidate who, with the concurrence of both Houses of the Legislature, shall be sworn in and hold office as Vice President until the next general elections are held.
Article 64 Whenever the office of the President and of the Vice President shall become vacant by reason of removal, death, resignation, inability or other disability of the President and the Vice President, the Speaker of the House of Representatives shall be sworn in as Acting President until the holding of elections to fill the vacancies so created . Should the Speaker be legally incapable or otherwise unable to assume the office of Acting President, then the same shall devolve upon the President Pro Tempore of the Senate. In any further line of descent, the office shall devolve in order upon the Deputy Speaker and members of the Cabinet in the order of precedence as established by law. The Elections Commission shall within ninety days conduct elections for a new President and a new Vice President.
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