Constitution of Mexico
Encyclopedia
The Political Constitution of the United Mexican States is the current constitution of Mexico
. It was drafted in Santiago de Querétaro
, in the State of Querétaro
, by a constitutional convention, during the Mexican Revolution
. It was approved by the Constitutional Congress on February 5, 1917. It is the successor to the Constitution of 1857
, and earlier Mexican constitutions
.
The current Constitution of 1917 is the first such document in the world to set out social rights, serving as a model for the Weimar Constitution
of 1919 and the Russian Constitution of 1918. Some of the most important provision are Articles 3, 27, and 123; these display profound changes in Mexican political philosophy that helped frame the political and social backdrop for Mexico in the twentieth century. Article 3 forbids the setting up of a list of prohibited books
and establishes the bases for a free, mandatory, and lay education; article 27 led the foundation for land reforms; and article 123 was designed to empower the labor sector.
Articles 3, 5, 24, 27, and 130 were originally redacted with sections that restricted the power of the Catholic Church as a consequence of the support given by the Mexican Church's Hierarchy to the Dictator Victoriano Huerta
. Attempts to enforce the articles strictly by President Plutarco Elías Calles
in 1926 led to the civil war known as the Cristero War
.
First Title:
Second Title:
Third Title:
Fourth Title:
Fifth Title:
Sixth Title:
Seventh Title:
Eighth Title
(Amendments)
Ninth Title:
Tenth Title:
Constitution Day
(Día de la Constitución) is one of Mexico's annual Fiestas Patrias (public holidays), commemorating the promulgation of the Constitution. Although the official anniversary is on February 5, the holiday takes place on the first Monday of February regardless the date.
of 1910. Francisco I. Madero
originally led the revolution against the longtime autocrat Porfirio Díaz
and he became president in November 1911 after Villa
and Orozco
defeated Díaz in Ciudad Juárez
. Madero was eventually overthrown and executed in 1913 by the dictator Victoriano Huerta
, who had conspired with Félix Díaz, Bernardo Reyes
, and the U.S. Ambassador Henry Lane Wilson
to remove Madero from power. The reaction to Huerta usurpation was Venustiano Carranza
's Plan of Guadalupe
, calling for the creation of a Constitutional Army
, for Huerta's ouster, and for the restoration of a constitutional government.
The Political Constitution of the United Mexican States was redacted by the Constitutional Congress convoked by Venustiano Carranza
in September 1916 after the triumph of the Constitutional Army. The new constitution was approved on February 5, 1917, and it was based in the previous one instituted by Benito Juárez
in 1857. Several of its articles reflected the social distress existing in Mexico at the beginning of the twenty century:
articles 3 and 130 restricted the power of the Catholic Church as a consequence of the support given by the Mexican Church's Hierarchy to Victoriano Huerta dictatorship, article 27 stated in particular that foreign citizens cannot own land at the borders or coasts as a consequence of the United States occupation of Veracruz, and article 123 was designed to empower the labor sector as a consequence of the brutal repression of Cananea
and strikes. Nevertheless Venustiano Carranza
declared himself against the final redaction of the articles that enacted anticlerical policies and social reform; namely Articles 3, 5, 24, 27, 123, 130. But the Constitutional Congress contained only 85 conservatives and centrists close to Carranza's brand of liberalism, and against them there were 132 more radical delegates.
This constitution is the first one in the world to set out social rights, serving as a model for the Weimar Constitution of 1919 and the Russian Constitution of 1918. The most important articles: 3, 27, and 123 displayed profound changes in Mexican political philosophy that would help frame the political and social backdrop for the rest of the century. Article 3 forbids the setting up of a list of prohibited books
and established the bases for a mandatory and lay education; article 27 led the foundation for land reforms; and article 123 was designed to empower the labor sector. The Constitution was also amended in 1927 to extend the president's term for four years to six years. The constitution was also amended in 1926 to presidential re-elections as long as the presidents didn't serve consecutive terms; this amendment would later be repealed in 1934.
. Attempts to enforce the articles strictly by President Plutarco Elías Calles
in 1926 led to the civil war known as the Cristero War
. Scholars have characterized the constitution’s approach as a "hostile" approach to the issue of church and state separation. The articles, although sporadically enforced, remainded in the Constitution until the reforms of 1992, which removed many but not all of the afronts to religious freedom. The constitution was made even more anticlerical in the period from 1934 to 1946, when an amendment mandating "socialist education" was in effect.
In 1926 Pope Pius XI, in the encyclical
Acerba Animi
, stated that the anticlerical articles of the constitution were "seriously derogatory to the most elementary and inalienable rights of the Church and of the faithful" and that both he and his predecessor had endeavored to avoid their application by the Mexican government.
Article 3 of the constitution required that education, in both public and private schools be completely secular and free of any religious instruction and prohibited religions from participating in education - essentially outlawing Catholic schools or even religious education in private schools. Article 3 likewise prohibited ministers or religious groups from aiding the poor, engaging in scientific research, and spreading their teachings. The constitution prohibited churches to own property and transferred all church property to the state - thus making all houses of worship state property.
Article 130 of the constitution denied churches any kind of legal status and allowed local legislators to limit the number of ministers, (essentially giving the state the ability to ban religion) and banned any ministers not born in Mexico. It denied ministers freedom of association
, the right to vote and freedom of speech
, prohibiting them and religious publications from criticising the law or government. The constitution prohibited any worship outside of a church building, which essentially made Pope John Paul II
's outdoor masses and other religious celebrations during his 1980 and 1990 visits illegal acts under the law.
In 1934 Article 3 was amended to mandate "socialist education", even more hostile to religion which "in addition to removing all religious doctrine" would "combat fanaticism and prejudices", "build[ing] in the youth a rational and exact concept of the universe and of social life". In 1946 "socialist education" was removed from the constitution and the document returned to the less egregious generalized secular education.
The anticlerical articles were substantially reformed in 1992, removing much of the anticlerical matter by granting all religious groups legal status, conceding them limited property rights, and lifting restrictions on the number of priests in the country. Article 27 was also greatly amended by ending land redistribution, permitting peasants to rent or sell ejido or communal land, and permitting both foreigners and corporations to buy land in Mexico. Still, however, the constitution still does not accord full religious freedom as recognized by the various human rights declarations and conventions; specifically, outdoor worship is still prohibited and only allowed in exceptional circumstances generally requiring governmental permission, religious organizations are not permitted to own print or electronic media outlets, governmental permission is required to broadcast religious ceremonies, and ministers are prohibited from being political candidates or holding public office.
adopted a final decree amending the Constitution as approved by the majority of the Federated States, modifying articles 14 and 22 banning the use of capital punishment
.
is illegal in Mexico; any slaves from abroad who enter national territory will, by this mere act, be freed and given the full protection of the law. All types of discrimination whether it be for ethnic origin, national origin, gender, age, different capacities, social condition, health condition, religion, opinions, preferences, or civil state or any other which attacks human dignity and has as an objective to destroy the rights and liberties of the people are forbidden.
I. According to the religious liberties established under article 24, educational services shall be secular and, therefore, free of any religious orientation.
II. The educational services shall be based on scientific progress and shall fight against ignorance, ignorance's effects, servitudes, fanaticism and prejudice.
It shall be democratic, considering democracy not only as a legal structure and a political regimen, but as a system of life founded on a constant economic, social, and cultural betterment of the people;
It shall be national insofar as - without hostility or exclusiveness - it shall achieve the understanding of our problems, the utilization of our resources, the defense of our political independence, the assurance of our economic independence, and the continuity and growth of our culture; and it shall contribute to better human relationships, not only with the elements which it contributes toward strengthening and at the same time inculcating, together with respect for the dignity of the person and the integrity of the family, the conviction of the general interest of society, but also by the care which it devotes to the ideals of brotherhood and equality of rights of all men, avoiding privileges of race, creed, class, sex, or persons.
Private persons may engage in education of all kinds and grades. But as regards elementary, secondary, and normal education (and that of any kind or grade designed for laborers and farm workers) they must previously obtain, in every case, the express authorization of the public power. Such authorization may be refused or revoked by decisions against which there can be no judicial proceedings or recourse.
Private institutions devoted to education of the kinds and grades specified in the preceding section must be without exception in conformity with the provisions of sections I and II of the first paragraph of this article and must also be in harmony with official plans and programs.
Religious corporations, ministers of religion, stock companies which exclusively or predominantly engage in educational activities, and associations or companies devoted to propagation of any religious creed shall not in any way participate in institutions giving elementary, secondary and normal education and education for laborers or field workers.
The State may in its discretion withdraw at any time the recognition of official validity of studies conducted in private institutions.
Elementary education shall be compulsory.
All education given by the State shall be free.
The Congress of the Union, with a view to unifying and coordinating education throughout the Republic, shall issue the necessary laws for dividing the social function of education among the Federation, the States and the Municipalities, for fixing the appropriate financial allocations for this public service and for establishing the penalties applicable to officials who do not comply with or enforce the pertinent provisions, as well as the penalties applicable to all those who infringe such provisions.
).
and cannot confer a title of nobility upon any person. (The Mexican Congress
does confer awards such as the Order of the Aztec Eagle
to notable persons).
) in Mexico. Military Courts martial can not be used to judge civilians.
, punishments must follow what is dictated by written law. Note that due process under Mexican law is not the same as US law as Mexico is not a common law
country.
is allowed.
justice, all civil and criminal disputes must be resolved before courts. Mandates speedy trials in both civil and criminal matters. Prohibits levying of "court costs
" and fees, judicial service is free to all parties. Courts are to be free and independent. Imprisonment for debt
s is prohibited. This article makes provisions relating to arrest and imprisonment. The article's emphasis on "social readjustment of the offender" was interpreted for a time after 2001 as forbidding sentences of life imprisonment, which led to the refusal of some extradition requests from the United States
.
for imprisonable charges. Separate crimes discovered during an investigation must be charged separately. Mistreatment during detention by authorities, all discomforts that are inflicted without legal motive, and all fees or contributions (forced bribes) in jails are abuses that will be prohibited by law and curbed by the authorities.
Confiscation of assets does not include the application of said assets to pay for civil responsibilities caused by a crime, or when used to pay taxes or other fines. Nor will it be confiscation when said assets are part of illegal activities, or when they are related to organized crime, or when proof of ownership cannot be established.
Expropriations
may only be made when there is a public utility cause.
The State will always have the right to impose on private property constraints dictated by "public interest". The State will also regulate the exploitation of natural resources based on social benefits and the equal distribution of wealth. The state is also responsible for conservation and ecological considerations.
All natural resources in national territory are property of the nation, and private exploitation may only be carried out through concessions.
Nuclear fuel may only be exploited and used by the State. The use of Nuclear elements in the Nation may only have peaceful purposes (i.e., Mexico cannot build nuclear weapons).
This article also deals with other subtleties on what constitutes Mexico's territory.
Foreign citizens cannot own land within 100 km of the borders or 50 km of the sea; however, foreigners can have a beneficial interest in such land through a trust (fideicomiso), where the legal ownership of the land is held by a Mexican financial institution. The only precondition sine qua non to granting such a beneficial interest is that the foreigner agree that all matters relating to such land are the exclusive domain of Mexican courts and Mexican jurisdiction, and that in all issues pertaining to such land, the foreigner will conduct him or herself as a Mexican, and settle any issues arising from their interest in such land exclusively through Mexican courts and institutions. The stipulated consequence of a failure to abide by these terms is forfeiture to the nation of their interests in all lands where the foreigner has such beneficial interests.
That an area of land next to the coast (20 meters from the highest tide line) is federal property which cannot be sold to particulars.
The areas of the economy in direct control of the government, such as post, telegraph, oil and its derivatives, basic petrochemical industries, radioactive minerals, and the generation of electricity are not considered to be monopolies.
The State will protect areas of priority in the economy, such as satellite communications and railroads.
The Nation will have a Central Bank with the primary objective of procuring the stability of the national currency
. The Central Bank and its activities will not be considered monopolies either.
Unions and workers associations will not be considered monopolies. Guilds will not be considered to be monopolies when their purpose is the economic equality of the industry, as long as the guild is overseen by the Federal Government.
Copyrights and patents will not be considered monopolies.
or senator
must be "a Mexican citizen by birth."
must be Mexican by birth.
Article 123 was perhaps the most radical of the provisions of the 1917 Constitution and was intended to give the working class a relief to the many abuses and hardships they had previously faced from uncontrolled labor managers.
" and places a series of restrictions on priests and ministers of all religions (ineligible to hold public office, to canvas on behalf of political parties or candidates, to inherit from persons other than close blood relatives, etc.).
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
. It was drafted in Santiago de Querétaro
Santiago de Querétaro
Santiago de Querétaro is the capital and largest city of the state of Querétaro, located in central Mexico. It is located 213 km northwest of Mexico City, 96 km southeast of San Miguel de Allende and 200 km south of San Luis Potosí...
, in the State of Querétaro
Querétaro
Querétaro officially Estado Libre y Soberano de Querétaro de Arteaga is one of the 31 states which, with the Federal District, comprise the 32 Federal Entities of Mexico. It is divided into 18 municipalities and its capital city is Santiago de Querétaro....
, by a constitutional convention, during the Mexican Revolution
Mexican Revolution
The Mexican Revolution was a major armed struggle that started in 1910, with an uprising led by Francisco I. Madero against longtime autocrat Porfirio Díaz. The Revolution was characterized by several socialist, liberal, anarchist, populist, and agrarianist movements. Over time the Revolution...
. It was approved by the Constitutional Congress on February 5, 1917. It is the successor to the Constitution of 1857
Federal Constitution of the United Mexican States of 1857
The Federal Constitution of the United Mexican States of 1857 was a liberal constitution drafted by 1857 Constituent Congress of Mexico during the presidency of Ignacio Comonfort giving birth to the Second Federal Republic of Mexico...
, and earlier Mexican constitutions
Constitutions of Mexico
Since declaring independence in 1810, Mexico has adopted a number of constitutions or other documents of basic law with constitutional effects. Not all these can be considered constitutions, and not all of them enjoyed universal application...
.
The current Constitution of 1917 is the first such document in the world to set out social rights, serving as a model for the Weimar Constitution
Weimar constitution
The Constitution of the German Reich , usually known as the Weimar Constitution was the constitution that governed Germany during the Weimar Republic...
of 1919 and the Russian Constitution of 1918. Some of the most important provision are Articles 3, 27, and 123; these display profound changes in Mexican political philosophy that helped frame the political and social backdrop for Mexico in the twentieth century. Article 3 forbids the setting up of a list of prohibited books
Index Librorum Prohibitorum
The Index Librorum Prohibitorum was a list of publications prohibited by the Catholic Church. A first version was promulgated by Pope Paul IV in 1559, and a revised and somewhat relaxed form was authorized at the Council of Trent...
and establishes the bases for a free, mandatory, and lay education; article 27 led the foundation for land reforms; and article 123 was designed to empower the labor sector.
Articles 3, 5, 24, 27, and 130 were originally redacted with sections that restricted the power of the Catholic Church as a consequence of the support given by the Mexican Church's Hierarchy to the Dictator Victoriano Huerta
Victoriano Huerta
José Victoriano Huerta Márquez was a Mexican military officer and president of Mexico. Huerta's supporters were known as Huertistas during the Mexican Revolution...
. Attempts to enforce the articles strictly by President Plutarco Elías Calles
Plutarco Elías Calles
Plutarco Elías Calles was a Mexican general and politician. He was president of Mexico from 1924 to 1928, but he continued to be the de facto ruler from 1928–1935, a period known as the maximato...
in 1926 led to the civil war known as the Cristero War
Cristero War
The Cristero War of 1926 to 1929 was an uprising and counter-revolution against the Mexican government in power at that time. The rebellion was set off by the strict enforcement of the anti-clerical provisions of the Mexican Constitution of 1917 and the expansion of further anti-clerical laws...
.
Essential principles
The constitution is founded on seven fundamental ideals:- A declaration of rightsHuman rightsHuman rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
- Sovereignty of the nationNational sovereigntyNational sovereignty is the doctrine that sovereignty belongs to and derives from the nation, an abstract entity normally linked to a physical territory and its past, present, and future citizens. It is an ideological concept or doctrine derived from liberal political theory...
- Separation of powersSeparation of powersThe separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
- Representative government
- A federalFederalismFederalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...
system - Constitutional remedy
- Supremacy of the state over the Church
Organization
The Constitution is divided into "Titles" (Títulos) which are series of articles related to the same overall theme. The Titles, of variable length, are:First Title:
- Chapter I: Individual Rights (Capítulo I: de las Garantías Individuales)
- Chapter II: On Mexicans (Capítulo II: de los Mexicanos)
- Chapter III, On Foreigners (Capítulo III: de los Extranjeros)
- Chaper IV: On Mexican Citizens (Capítulo IV: de los Ciudadanos Mexicanos)
Second Title:
- Chapter I: On National Sovereignty and Form of Government (Capítulo I, de la Soberanía Nacional y de la Forma de Gobierno)
- Chapter II: On the Parts That Make Up the Federation and the National Territory (Capítulo II, de las Partes Integrantes de la Federación y del Territorio Nacional)
Third Title:
- Chapter I: On the Separation of Powers (Capítulo I, de la División de Poderes)
- Chapter II: On the Legislative Power (Capítulo II, del Poder Legislativo)
- Chapter III: On the Executive Power (Capítulo III, del Poder Ejecutivo)
- Chapter IV: On the Judicial Power (Capítulo IV, del Poder Judicial)
Fourth Title:
- About the responsibilities of the public service and the patrimony of the State (De las responsabilidades de los servidores públicos y patrimonial del Estado)
Fifth Title:
- About the states of the Federation and the Federal District (De los estados de la Federación y del Distrito Federal)
Sixth Title:
- About work and Social Welfare (Del Trabajo y la Previsión Social)
Seventh Title:
- General Provisions (Prevenciones Generales)
Eighth Title
(Amendments)
Ninth Title:
- About reforms to the Constitution (De las Reformas a la Constitución)
Tenth Title:
- About the Inviolability of the Constitution (De la Inviolabilidad de la Constitución)
Constitution Day
Constitution Day
Constitution Day is a holiday to honor the constitution of a country. Constitution Day is often celebrated on the anniversary of the signing, promulgation or adoption of the constitution, or in some cases, to commemorate the change to constitutional monarchy:...
(Día de la Constitución) is one of Mexico's annual Fiestas Patrias (public holidays), commemorating the promulgation of the Constitution. Although the official anniversary is on February 5, the holiday takes place on the first Monday of February regardless the date.
History
The Political Constitution of the United Mexican States is one of the main products of the Mexican RevolutionMexican Revolution
The Mexican Revolution was a major armed struggle that started in 1910, with an uprising led by Francisco I. Madero against longtime autocrat Porfirio Díaz. The Revolution was characterized by several socialist, liberal, anarchist, populist, and agrarianist movements. Over time the Revolution...
of 1910. Francisco I. Madero
Francisco I. Madero
Francisco Ignacio Madero González was a politician, writer and revolutionary who served as President of Mexico from 1911 to 1913. As a respectable upper-class politician, he supplied a center around which opposition to the dictatorship of Porfirio Díaz could coalesce...
originally led the revolution against the longtime autocrat Porfirio Díaz
Porfirio Díaz
José de la Cruz Porfirio Díaz Mori was a Mexican-American War volunteer and French intervention hero, an accomplished general and the President of Mexico continuously from 1876 to 1911, with the exception of a brief term in 1876 when he left Juan N...
and he became president in November 1911 after Villa
Pancho Villa
José Doroteo Arango Arámbula – better known by his pseudonym Francisco Villa or its hypocorism Pancho Villa – was one of the most prominent Mexican Revolutionary generals....
and Orozco
Pascual Orozco
Pascual Orozco Vazquez was a Mexican revolutionary leader who, after the triumph of the Mexican Revolution, rose up against Francisco I...
defeated Díaz in Ciudad Juárez
Treaty of Ciudad Juárez
The Treaty of Ciudad Juárez was a peace treaty signed between the then President of Mexico, Porfirio Díaz, and the revolutionary Francisco Madero on May 21, 1911...
. Madero was eventually overthrown and executed in 1913 by the dictator Victoriano Huerta
Victoriano Huerta
José Victoriano Huerta Márquez was a Mexican military officer and president of Mexico. Huerta's supporters were known as Huertistas during the Mexican Revolution...
, who had conspired with Félix Díaz, Bernardo Reyes
Bernardo Reyes
Bernardo Reyes was a General in the army of Mexico under Porfirio Díaz. He served as governor of Nuevo León he helped in the modernization of that state. While governor of Nuevo León, Reyes approved a workers compensation law. He was the father of the writer Alfonso Reyes, and grandfather of the...
, and the U.S. Ambassador Henry Lane Wilson
Henry Lane Wilson
Henry Lane Wilson was an American diplomat.-Biography:He was born in Crawfordsville, Montgomery County, Indiana to Indiana congressman James Wilson and his wife, Emma Wilson; he was the younger brother of John L. Wilson, and had been named for Henry Smith Lane...
to remove Madero from power. The reaction to Huerta usurpation was Venustiano Carranza
Venustiano Carranza
Venustiano Carranza de la Garza, was one of the leaders of the Mexican Revolution. He ultimately became President of Mexico following the overthrow of the dictatorial Huerta regime in the summer of 1914 and during his administration the current constitution of Mexico was drafted...
's Plan of Guadalupe
Plan of Guadalupe
The Plan of Guadalupe was a document drafted on March 23, 1913 by Venustiano Carranza in response to the overthrow and execution of Francisco I. Madero, then President of Mexico...
, calling for the creation of a Constitutional Army
Constitutional Army
The Constitutional Army was the army that fought against Huerta's Federal Army, and later, against the Villistas and Zapatistas during the Mexican Revolution. It was formed in March 1913 by Venustiano Carranza, so-called "First-Chief" of the army, as a response to the murder of President Francisco I...
, for Huerta's ouster, and for the restoration of a constitutional government.
The Political Constitution of the United Mexican States was redacted by the Constitutional Congress convoked by Venustiano Carranza
Venustiano Carranza
Venustiano Carranza de la Garza, was one of the leaders of the Mexican Revolution. He ultimately became President of Mexico following the overthrow of the dictatorial Huerta regime in the summer of 1914 and during his administration the current constitution of Mexico was drafted...
in September 1916 after the triumph of the Constitutional Army. The new constitution was approved on February 5, 1917, and it was based in the previous one instituted by Benito Juárez
Benito Juárez
Benito Juárez born Benito Pablo Juárez García, was a Mexican lawyer and politician of Zapotec origin from Oaxaca who served five terms as president of Mexico: 1858–1861 as interim, 1861–1865, 1865–1867, 1867–1871 and 1871–1872...
in 1857. Several of its articles reflected the social distress existing in Mexico at the beginning of the twenty century:
articles 3 and 130 restricted the power of the Catholic Church as a consequence of the support given by the Mexican Church's Hierarchy to Victoriano Huerta dictatorship, article 27 stated in particular that foreign citizens cannot own land at the borders or coasts as a consequence of the United States occupation of Veracruz, and article 123 was designed to empower the labor sector as a consequence of the brutal repression of Cananea
Cananea strike
The Cananea Strike, also known as the Cananea Riot, or the Cananea Massacre, took place in the Mexican mining town of Cananea, Sonora, in June 1906...
and strikes. Nevertheless Venustiano Carranza
Venustiano Carranza
Venustiano Carranza de la Garza, was one of the leaders of the Mexican Revolution. He ultimately became President of Mexico following the overthrow of the dictatorial Huerta regime in the summer of 1914 and during his administration the current constitution of Mexico was drafted...
declared himself against the final redaction of the articles that enacted anticlerical policies and social reform; namely Articles 3, 5, 24, 27, 123, 130. But the Constitutional Congress contained only 85 conservatives and centrists close to Carranza's brand of liberalism, and against them there were 132 more radical delegates.
This constitution is the first one in the world to set out social rights, serving as a model for the Weimar Constitution of 1919 and the Russian Constitution of 1918. The most important articles: 3, 27, and 123 displayed profound changes in Mexican political philosophy that would help frame the political and social backdrop for the rest of the century. Article 3 forbids the setting up of a list of prohibited books
Index Librorum Prohibitorum
The Index Librorum Prohibitorum was a list of publications prohibited by the Catholic Church. A first version was promulgated by Pope Paul IV in 1559, and a revised and somewhat relaxed form was authorized at the Council of Trent...
and established the bases for a mandatory and lay education; article 27 led the foundation for land reforms; and article 123 was designed to empower the labor sector. The Constitution was also amended in 1927 to extend the president's term for four years to six years. The constitution was also amended in 1926 to presidential re-elections as long as the presidents didn't serve consecutive terms; this amendment would later be repealed in 1934.
Anticlerical articles and the 1934, 1946 and 1992 Amendments
Articles 3, 5, 24, 27, and 130 as originally enacted were anticlerical and restricted religious freedoms, as well as the power of the Catholic Church, in part due to a desire by anticlerical framers to punish the Mexican Church's Hierarchy for its support of Victoriano HuertaVictoriano Huerta
José Victoriano Huerta Márquez was a Mexican military officer and president of Mexico. Huerta's supporters were known as Huertistas during the Mexican Revolution...
. Attempts to enforce the articles strictly by President Plutarco Elías Calles
Plutarco Elías Calles
Plutarco Elías Calles was a Mexican general and politician. He was president of Mexico from 1924 to 1928, but he continued to be the de facto ruler from 1928–1935, a period known as the maximato...
in 1926 led to the civil war known as the Cristero War
Cristero War
The Cristero War of 1926 to 1929 was an uprising and counter-revolution against the Mexican government in power at that time. The rebellion was set off by the strict enforcement of the anti-clerical provisions of the Mexican Constitution of 1917 and the expansion of further anti-clerical laws...
. Scholars have characterized the constitution’s approach as a "hostile" approach to the issue of church and state separation. The articles, although sporadically enforced, remainded in the Constitution until the reforms of 1992, which removed many but not all of the afronts to religious freedom. The constitution was made even more anticlerical in the period from 1934 to 1946, when an amendment mandating "socialist education" was in effect.
In 1926 Pope Pius XI, in the encyclical
Encyclical
An encyclical was originally a circular letter sent to all the churches of a particular area in the ancient Catholic Church. At that time, the word could be used for a letter sent out by any bishop...
Acerba Animi
Acerba Animi
Acerba Anima is an encyclical of Pope Pius XI promulgated on September, 29, 1932, to denounce the continued persecution of the Catholic Church in Mexico. It was the second of three encyclicals concerning persecution Mexico, including Iniquis Afflictisque and Firmissimam Constantiamque...
, stated that the anticlerical articles of the constitution were "seriously derogatory to the most elementary and inalienable rights of the Church and of the faithful" and that both he and his predecessor had endeavored to avoid their application by the Mexican government.
Article 3 of the constitution required that education, in both public and private schools be completely secular and free of any religious instruction and prohibited religions from participating in education - essentially outlawing Catholic schools or even religious education in private schools. Article 3 likewise prohibited ministers or religious groups from aiding the poor, engaging in scientific research, and spreading their teachings. The constitution prohibited churches to own property and transferred all church property to the state - thus making all houses of worship state property.
Article 130 of the constitution denied churches any kind of legal status and allowed local legislators to limit the number of ministers, (essentially giving the state the ability to ban religion) and banned any ministers not born in Mexico. It denied ministers freedom of association
Freedom of association
Freedom of association is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests....
, the right to vote and freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
, prohibiting them and religious publications from criticising the law or government. The constitution prohibited any worship outside of a church building, which essentially made Pope John Paul II
Pope John Paul II
Blessed Pope John Paul II , born Karol Józef Wojtyła , reigned as Pope of the Catholic Church and Sovereign of Vatican City from 16 October 1978 until his death on 2 April 2005, at of age. His was the second-longest documented pontificate, which lasted ; only Pope Pius IX ...
's outdoor masses and other religious celebrations during his 1980 and 1990 visits illegal acts under the law.
In 1934 Article 3 was amended to mandate "socialist education", even more hostile to religion which "in addition to removing all religious doctrine" would "combat fanaticism and prejudices", "build[ing] in the youth a rational and exact concept of the universe and of social life". In 1946 "socialist education" was removed from the constitution and the document returned to the less egregious generalized secular education.
The anticlerical articles were substantially reformed in 1992, removing much of the anticlerical matter by granting all religious groups legal status, conceding them limited property rights, and lifting restrictions on the number of priests in the country. Article 27 was also greatly amended by ending land redistribution, permitting peasants to rent or sell ejido or communal land, and permitting both foreigners and corporations to buy land in Mexico. Still, however, the constitution still does not accord full religious freedom as recognized by the various human rights declarations and conventions; specifically, outdoor worship is still prohibited and only allowed in exceptional circumstances generally requiring governmental permission, religious organizations are not permitted to own print or electronic media outlets, governmental permission is required to broadcast religious ceremonies, and ministers are prohibited from being political candidates or holding public office.
Capital punishment and 2005 Amendment
On November 8, 2005, The Senate of MexicoSenate of Mexico
The Senate of the Republic, constitutionally Chamber of Senators of the Honorable Congress of the Union After a series of reforms during the 1990s, it is now made up of 128 senators:...
adopted a final decree amending the Constitution as approved by the majority of the Federated States, modifying articles 14 and 22 banning the use of capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
.
Current articles of the constitution
The main ideas or an abstract of the current contents of the articles of the Political Constitution of the United Mexican States is as follows. Not all articles are presented. See for the full English text of the articles (edition published in 2005).Article 1
This article states that every individual in Mexico (official name, Estados Unidos Mexicanos or United Mexican States) has the rights that the Constitution gives. These rights cannot be denied and they cannot be suspended. SlaverySlavery
Slavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...
is illegal in Mexico; any slaves from abroad who enter national territory will, by this mere act, be freed and given the full protection of the law. All types of discrimination whether it be for ethnic origin, national origin, gender, age, different capacities, social condition, health condition, religion, opinions, preferences, or civil state or any other which attacks human dignity and has as an objective to destroy the rights and liberties of the people are forbidden.
Article 2
The Mexican nation is unique and indivisible. The nation is pluricultural based originally on its indigenous tribes which are those that are descendants of the people that lived in the current territory of the country at the beginning of the colonization and that preserve their own social, economic, cultural, political institutions. The awareness of their indigenous identity should be fundamental criteria to determine to whom the dispositions over indigenous tribes are applied. They are integral communities of an indigenous tribe those that form a social, economic and cultural organization.Article 3
The education imparted by the Federal State shall be designed to develop harmoniously all the faculties of the human being and shall foster in him at the same time a love of country and a consciousness of international solidarity, in independence and justice. Said education must be free of bias. (As per the full definition of the word "Laica" as used in the original document)I. According to the religious liberties established under article 24, educational services shall be secular and, therefore, free of any religious orientation.
II. The educational services shall be based on scientific progress and shall fight against ignorance, ignorance's effects, servitudes, fanaticism and prejudice.
It shall be democratic, considering democracy not only as a legal structure and a political regimen, but as a system of life founded on a constant economic, social, and cultural betterment of the people;
It shall be national insofar as - without hostility or exclusiveness - it shall achieve the understanding of our problems, the utilization of our resources, the defense of our political independence, the assurance of our economic independence, and the continuity and growth of our culture; and it shall contribute to better human relationships, not only with the elements which it contributes toward strengthening and at the same time inculcating, together with respect for the dignity of the person and the integrity of the family, the conviction of the general interest of society, but also by the care which it devotes to the ideals of brotherhood and equality of rights of all men, avoiding privileges of race, creed, class, sex, or persons.
Private persons may engage in education of all kinds and grades. But as regards elementary, secondary, and normal education (and that of any kind or grade designed for laborers and farm workers) they must previously obtain, in every case, the express authorization of the public power. Such authorization may be refused or revoked by decisions against which there can be no judicial proceedings or recourse.
Private institutions devoted to education of the kinds and grades specified in the preceding section must be without exception in conformity with the provisions of sections I and II of the first paragraph of this article and must also be in harmony with official plans and programs.
Religious corporations, ministers of religion, stock companies which exclusively or predominantly engage in educational activities, and associations or companies devoted to propagation of any religious creed shall not in any way participate in institutions giving elementary, secondary and normal education and education for laborers or field workers.
The State may in its discretion withdraw at any time the recognition of official validity of studies conducted in private institutions.
Elementary education shall be compulsory.
All education given by the State shall be free.
The Congress of the Union, with a view to unifying and coordinating education throughout the Republic, shall issue the necessary laws for dividing the social function of education among the Federation, the States and the Municipalities, for fixing the appropriate financial allocations for this public service and for establishing the penalties applicable to officials who do not comply with or enforce the pertinent provisions, as well as the penalties applicable to all those who infringe such provisions.
Article 4
All people, men and women, are equal under the law. This article also grants all people protection to their health, a right to housing, and rights for children. Everyone has a right to an appropriated ecosystem for their development & welfare.Article 5
All Citizens of the United Mexican States are free to work in the profession of their choosing, as long as it does not attack the rights of others.Article 7
This article states that no law or authority can "previously" censor the press, or ask for a bail to the authors or printers. The freedom of the press has its limits in respect to private life, morality, and public peace. Incarceration or censorship cannot occur before charges of "press crimes" can be proven, but it can happen when responsibility has been judicially established. In no case shall printers be seized as crimes' instruments.Article 8
Public functionaries and employees will respect the public exercise to their right to petition, as long as it is formulated in writing, in a peaceful and respectful manner. In political petitioning, only citizens of the republic have this right.Article 9
Only citizens of the Republic may take part in the political affairs of the country.Article 10
Citizens of the republic may, for their protection, own guns and arms in their homes. Only arms sanctioned by the Army may be owned, and federal law will state the manner in which they can be used (Firearms are prohibited from importation into the Republic without proper licensing and documentation. Foreigners may not pass the border with unlicensed firearms; the commission of such act is a felony, punishable by prison term. See Gun politics in MexicoGun politics in Mexico
Gun politics in Mexico have resulted in some of the strictest gun laws in the world. It is in many ways similar to the United Kingdom, except with much more severe prison terms for even the smallest gun law violations. On the other hand, possession of non-military-caliber small arms by citizens is...
).
Article 11
"Every man has a right to enter the Republic, exit it, travel through its territory, and change his residence without the need of a security card, passport, or any similar device. The exercise of this right will be subordinated to the faculties of judicial authority, in the cases of criminal or civil responsibility, and to the limits of the administrative authorities, on the limits imposed by laws on emigration, immigration, and health safety laws in the Republic, or over foreigners residing in our country".Article 12
The Mexican state does not have a peeragePeerage
The Peerage is a legal system of largely hereditary titles in the United Kingdom, which constitute the ranks of British nobility and is part of the British honours system...
and cannot confer a title of nobility upon any person. (The Mexican Congress
Congress of Mexico
The Congress of the Union is the legislative branch of the Mexican government...
does confer awards such as the Order of the Aztec Eagle
Order of the Aztec Eagle
The Order of the Aztec Eagle is a Mexican order and is the highest decoration awarded to foreigners in the country.It was created by decree on December 29, 1933 by President Abelardo L. Rodríguez as a reward to services given to Mexico or humankind by foreigners...
to notable persons).
Article 13
There are no private courts (i.e.: feudal or manorial courtsCourt baron
A Court baron is an English or Scottish manorial court dating from the Middle Ages.It was laid down by Sir Edward Coke that a manor had two courts, "the first by the common law, and is called a court baron," the freeholders being its suitors; the other a customary court for the copyholders...
) in Mexico. Military Courts martial can not be used to judge civilians.
Article 14
Prohibits the enactment of ex post facto (retroactive) laws. All persons punished under the law are entitled to due processDue process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
, punishments must follow what is dictated by written law. Note that due process under Mexican law is not the same as US law as Mexico is not a common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
country.
Article 15
Disallows international treaties for extradition when the person to be extradited is politically persecuted, or accused while having the condition of slave, or when the foreign country contravenes the civil rights granted in the Mexican constitution (like the right to life and the abolishment of the death penalty in Article 22).Article 16
"In cases of flagrante delicto, any person may arrest the offender and his accomplices, turning them over without delay to the nearest authorities." In other words, a citizen's arrestCitizen's arrest
A citizen's arrest is an arrest made by a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval Britain and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.Despite the...
is allowed.
Article 17
Prohibits vigilanteVigilante
A vigilante is a private individual who legally or illegally punishes an alleged lawbreaker, or participates in a group which metes out extralegal punishment to an alleged lawbreaker....
justice, all civil and criminal disputes must be resolved before courts. Mandates speedy trials in both civil and criminal matters. Prohibits levying of "court costs
Court costs
Court costs are the costs of handling a case, which, depending on legal rules, may or may not include the costs of the various parties in a lawsuit in addition to the costs of the court itself. Court costs can reach very high amounts, often far beyond the actual monetary worth of a case...
" and fees, judicial service is free to all parties. Courts are to be free and independent. Imprisonment for debt
Debtor's prison
A debtors' prison is a prison for those who are unable to pay a debt.Prior to the mid 19th century debtors' prisons were a common way to deal with unpaid debt.-Debt bondage in ancient Greece and Rome:...
s is prohibited. This article makes provisions relating to arrest and imprisonment. The article's emphasis on "social readjustment of the offender" was interpreted for a time after 2001 as forbidding sentences of life imprisonment, which led to the refusal of some extradition requests from the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
.
Article 18
Mandates gender segregation of inmates and separation of those held for trial from those who have been convicted. Limits the government's authority to arrest only those suspected of crimes for which imprisonment is an allowed punishment.Article 19
Prohibits detention in excess of 72 hours (3 days) without formal charges. Mandates due processDue process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
for imprisonable charges. Separate crimes discovered during an investigation must be charged separately. Mistreatment during detention by authorities, all discomforts that are inflicted without legal motive, and all fees or contributions (forced bribes) in jails are abuses that will be prohibited by law and curbed by the authorities.
Article 22
Cruel and unusual punishment is prohibited. Specifically, penalties of death, mutilation, infamy, marks, physical punishments, torments, excessive fines, confiscation of assets, and others are abolished.Confiscation of assets does not include the application of said assets to pay for civil responsibilities caused by a crime, or when used to pay taxes or other fines. Nor will it be confiscation when said assets are part of illegal activities, or when they are related to organized crime, or when proof of ownership cannot be established.
Article 24
"Every man is free to pursue the religious belief that best suits him, and to practice its ceremonies, devotions or cults, as long as they do not constitute a crime. Congress cannot dictate laws that establish or abolish any given religion. Ordinarily, all religious acts will be practiced in temples, and those that extraordinarily are practiced outside temples must adhere to law." This article also establishes that religious institutions be subject to limits of ownership of land as dictated by the national government (whereby the government may declare such property part of the national legacy), to prevent the kind of situation experienced in the past which the Catholic churches and monasteries also owned large areas around them, in many cases entire villages.Article 25
The State will plan, determine, and carry out the development of the Nation, so that it guarantees its integrity, strengthens national sovereignty, and allows for a broader exercise of freedom and dignity of the individuals through an economic growth that distributes wealth with justice.Article 27
The property of all land and water within national territory is originally owned by the Nation, who has the right to transfer this ownership to particulars. Hence, private property is a privilege created by the Nation.Expropriations
Nationalization
Nationalisation, also spelled nationalization, is the process of taking an industry or assets into government ownership by a national government or state. Nationalization usually refers to private assets, but may also mean assets owned by lower levels of government, such as municipalities, being...
may only be made when there is a public utility cause.
The State will always have the right to impose on private property constraints dictated by "public interest". The State will also regulate the exploitation of natural resources based on social benefits and the equal distribution of wealth. The state is also responsible for conservation and ecological considerations.
All natural resources in national territory are property of the nation, and private exploitation may only be carried out through concessions.
Nuclear fuel may only be exploited and used by the State. The use of Nuclear elements in the Nation may only have peaceful purposes (i.e., Mexico cannot build nuclear weapons).
This article also deals with other subtleties on what constitutes Mexico's territory.
Foreign citizens cannot own land within 100 km of the borders or 50 km of the sea; however, foreigners can have a beneficial interest in such land through a trust (fideicomiso), where the legal ownership of the land is held by a Mexican financial institution. The only precondition sine qua non to granting such a beneficial interest is that the foreigner agree that all matters relating to such land are the exclusive domain of Mexican courts and Mexican jurisdiction, and that in all issues pertaining to such land, the foreigner will conduct him or herself as a Mexican, and settle any issues arising from their interest in such land exclusively through Mexican courts and institutions. The stipulated consequence of a failure to abide by these terms is forfeiture to the nation of their interests in all lands where the foreigner has such beneficial interests.
That an area of land next to the coast (20 meters from the highest tide line) is federal property which cannot be sold to particulars.
Article 28
All monopolies are prohibited.The areas of the economy in direct control of the government, such as post, telegraph, oil and its derivatives, basic petrochemical industries, radioactive minerals, and the generation of electricity are not considered to be monopolies.
The State will protect areas of priority in the economy, such as satellite communications and railroads.
The Nation will have a Central Bank with the primary objective of procuring the stability of the national currency
Mexican peso
The peso is the currency of Mexico. Modern peso and dollar currencies have a common origin in the 15th–19th century Spanish dollar, most continuing to use its sign, "$". The Mexican peso is the 12th most traded currency in the world, the third most traded in the Americas, and by far the most...
. The Central Bank and its activities will not be considered monopolies either.
Unions and workers associations will not be considered monopolies. Guilds will not be considered to be monopolies when their purpose is the economic equality of the industry, as long as the guild is overseen by the Federal Government.
Copyrights and patents will not be considered monopolies.
Article 32
"Mexicans shall have priority over foreigners under equality of circumstances for all classes of concessions and for all employment, positions, or commissions of the Government in which the status of citizenship is not indispensable." Foreigners, immigrants, and even naturalized citizens of Mexico may not serve as military officers, Mexican-flagged ship and airline crew, or chiefs of seaports and airports.Article 33
"The Federal Executive shall have the exclusive power to compel any foreigner whose remaining he may deem inexpedient to abandon the national territory immediately and without the necessity of previous legal action." It also states: "Foreigners may not in any way participate in the political affairs of the country."Article 55
A deputyChamber of Deputies of Mexico
The Chamber of Deputies is the lower house of the Congress of the Union, Mexico's bicameral legislature. The structure and responsibilities of both chambers of Congress are defined in Articles 50 to 70 of the current constitution.-Composition:The Chamber of Deputies is composed of one federal...
or senator
Senate of Mexico
The Senate of the Republic, constitutionally Chamber of Senators of the Honorable Congress of the Union After a series of reforms during the 1990s, it is now made up of 128 senators:...
must be "a Mexican citizen by birth."
Article 95
Supreme Court justicesSupreme Court of Justice of the Nation
The Supreme Court of Justice of the Nation is the highest federal court in the United Mexican States. It consists of a President of the Supreme Court and ten Ministers who are confirmed by the Senate from a list proposed by the President of the Republic.Justices of the SCJN serve for fifteen...
must be Mexican by birth.
Article 123
Covers the rights of workers, including the eight-hour work day, the right to strike, the right to a day's rest per week, and the right to a proper indemnification following unjustified termination of the working relationship by the employer. This article also established equality regardless of race or gender.Article 123 was perhaps the most radical of the provisions of the 1917 Constitution and was intended to give the working class a relief to the many abuses and hardships they had previously faced from uncontrolled labor managers.
Article 130
States that church(es) and state are to remain separate. It provides for the obligatory state registration of all "churches and religious groupingsReligion in Mexico
Mexico has no official religion, and the Constitution of 1917 imposed limitations on the church and sometimes codified state intrusion into church matters. The government doesn't provide financial contributions to the church, nor does the church participate in public education...
" and places a series of restrictions on priests and ministers of all religions (ineligible to hold public office, to canvas on behalf of political parties or candidates, to inherit from persons other than close blood relatives, etc.).
See also
- Constitutions of MexicoConstitutions of MexicoSince declaring independence in 1810, Mexico has adopted a number of constitutions or other documents of basic law with constitutional effects. Not all these can be considered constitutions, and not all of them enjoyed universal application...
- Politics of MexicoPolitics of MexicoThe politics of Mexico take place in a framework of a federal presidential representative democratic republic whose government is based on a congressional system, whereby the president of Mexico is both head of state and head of government, and of a multi-party system...
- Constitutional economicsConstitutional economicsConstitutional economics is a research program in economics and constitutionalism that has been described as extending beyond the definition of 'the economic analysis of constitutional law' in explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the...
- ConstitutionalismConstitutionalismConstitutionalism has a variety of meanings. Most generally, it is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law"....
- Rule according to higher lawRule according to higher lawThe rule according to a higher law means that no written law may be enforced by the government unless it conforms with certain unwritten, universal principles of fairness, morality, and justice...
External links
Official website of the Mexican Constitution (in Spanish) The most recent text of the Constitution in the Chamber of Deputies website (in Spanish)- The Constitution as of 1968 (translation)
- Full text in English (translation by Carlos Pérez Vázques) of the Political Constitution of the United Mexican States (2005 edition by the Institute of Juridical Research, UNAM) (translation)
- A History of the Mexican Constitution