Main features of the Mexican Constitution
- It is organized in 136 articles. This Constitution has a total of 136 articles, which are divided into two major groups: the dogmatic part and the organic part.
- Give the country the form of a Representative, Democratic and Federal Republic. The Federation is made up of 32 states (article 43). ...
- Prohibits presidential re-election. ...
How many constitutions has Mexico had?
Since 1821, the year in which Mexico achieved its independence , has had 4 constitutions. However, before that, constitutional documents that were in force were known. These are documents such as the Constitution of Apatzingán of 1814 and Cádiz of 1812. A Spanish constitution, which was in force in Mexico until 1823.
What does Article 1 of the Mexican constitution mean?
Article 1. In the United Mexican States, all individuals shall be entitled to the human rights. granted by this Constitution and the international treaties signed by the Mexican. State, as well as to the guarantees for the protection of these rights.
How many articles are in the Constitution of the United States?
It not only eliminates the position of vice president, but also eliminates the re-election of the president, unlike the Constitution of 1857. Originally had 136 articles and 19 transitories, which have been modified over time.
Why is the Mexican Constitution so frequently amended?
In spite of being formally rigid, the Mexican Constitution is frequently amended. In this article, I analyze the constitutional amendment procedure in order to understand the causes, consequences and potential solutions of the accelerated rhythm of constitutional amendments in Mexico.
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How many constitutions does Mexico have?
There were four constitutions in Mexico before 1917: the Federal Constitution of 1824, amended in 1847; the centralist constitutions of the Seven Laws (1836) and Organizational Foundations (1843); and the Federal Constitution of 1857.
How many articles are in each Constitution?
seven articlesThe Constitution of the United States contains a preamble and seven articles that describe the way the government is structured and how it operates.
What type of Constitution does Mexico have?
Constitutional presidential republicConstitution of MexicoPolitical Constitution of the United Mexican StatesSystemConstitutional presidential republicGovernment structureBranches3ChambersBicameral (Senate and Chamber of Deputies)11 more rows
What is Article 27 of the Mexican Constitution?
Article 27 of the Mexican Constitution states that "[o]wnership of the lands and waters within the boundaries of the national territory is vested originally in the Nation, which has had, and has the right to transfer title thereof to private persons, thereby constituting private property." Const.
What are the 7 articles of the Constitution in order?
There are 7 of them.Article I- the legislative branch. ... Article ii- The executive branch. ... Article iii- The judicial branch. ... Article iv- state relations. ... Article v- Amending the constitution. ... Article vi- Supremacy rule. ... article 7- ratification.
How many articles are in the Constitution 2021?
The constitution has a preamble and 470 articles, which are grouped into 25 parts. With 12 schedules and five appendices, it has been amended 104 times; the latest amendment became effective on 25 January 2020.
How many amendments are in the Constitution?
All 33 amendments are listed and detailed in the tables below. Article Five of the United States Constitution details the two-step process for amending the nation's frame of government. Amendments must be properly proposed and ratified before becoming operative.
How many times has the Mexican constitution been amended?
From 1917 to 1979 (62 years), the Constitution was amended through 90 amendment decrees. However, from 1980 to February 2016, the Constitution was amended 137 times in only 36 years.
Who was the first Mexican?
The Olmecs, Mexico's first known society, settled on the Gulf Coast near what is now Veracruz.
What are Articles 1/2 and 3 of the Constitution?
A) Articles 1-3: Branches, Checks, and Balances The first three articles of the Constitution establish three branches of government with specific powers: Executive (headed by the President), Legislative (Congress) and Judicial (Supreme Court).
What did Article 27 do to the ejido system?
One of the central tenets promulgated by Article 27 when it was adopted in 1917 was the inalienability of ejidal lands. The law also allowed for the expropriation of large private land- holdings and the redistribution of those lands to form ejidos.
Is there free speech in Mexico?
Although there are constitutional guarantees of freedom of expression, the reality is government control of media and continued silencing of journalists through violence and self-censorship due to intimidation.
What are the 7 articles of the Constitution quizlet?
Terms in this set (7)Article 1. The Legislative Branch. ... Article 2. The Executive Branch. ... Article 3. The Judicial Branch. ... Article 4. National Unity and Power. ... Article 5. Amending the Constitution. ... Article 6. National Supremacy. ... Article 7. Ratification.
How many articles and amendments are in the Constitution?
Beginning with the iconic phrase, “We the People,” the U.S. Constitution is composed of the Preamble, seven articles, and 27 amendments to the Constitution, including the Bill of Rights—the first 10 amendments.
What are the 27 amendments to the Constitution in order?
The United States Constitution now has 25 functioning amendments. There have been 27 ratified in total, but one of these, the 18th, was Prohibition and another, the 21st, was the repeal of Prohibition....Amendment Summary: 27 Updates to the U.S. Constitution.AmendmentRatifiedDescription2nd1791Right to Bear Arms3rd1791Quartering of Soldiers4th1791Search and Seizure24 more rows
What are the 3 parts of the Constitution?
The Constitution itself is divided into three major parts, the Preamble, seven articles, and amendments. The Preamble, or introduction introduces the main purpose of the U.S. Constitution, and why it was needed. The Preamble is an explanation why the Constitution was written, and the major goals it hopes to accomplish.
What rights does Mexico have?
In the United Mexican States, all individuals shall be entitled to the human rights granted by this Constitution and the international treaties signed by the Mexican State, as well as to the guarantees for the protection of these rights. Such human rights shall not be restricted or suspended, except for the cases and under the conditions established by this Constitution itself.
What is Article 3?
Article 3. All people have the right of education. The State – Federation, States, Federal District and Municipalities – will provide preschool, elementary, middle and high education. Preschool, elementary and middle educations are considered as basic education; these and the high school education will be mandatory.
How many instances can a criminal trial have?
No criminal trial shall have more than three instances. No one can be tried twice for the same crime, whether he was acquitted or convicted. Acquitting form the instance is prohibited.
Which article of the Constitution guarantees the right to health protection?
The law shall determine the bases and terms to access health services and shall establish the competence of the Federation and the Local Governments in regard to sanitation according to the item XVI in Article 73 of this Constitution.
Is Mexico indivisible?
Article 2. The Mexican Nation is unique and indivisible. The nation is multicultural, based originally on its indigenous peoples, described as descendants of those inhabiting the country before colonization and that preserve their own social, economic, cultural and political institutions, or some of them.
Is Mexico City a federal district?
The Mexico City is the Federal District and the capital of the United Mexican States. Mexico City is seat of the federal government and the Powers of the Union. It shall be integrated by its current territory and in the event that federal government has t
What is constitutional interpretation?
The law shall define the cases where precedents established by the federal and circuit courts shall be compulsory, relating to interpretation of the Constitution and general laws, as well as the requirements for interruption and modification thereof.
What are the powers of the Supreme Court?
Electoral court powers. The laws shall regulate, based on this Constitution, powers and functioning of the Supreme Court of Justice, the circuit courts , the district courts and the Electoral Court. The law shall establish liabilities for the Judicial Power’s employees.
Which body declares the validity of the elections?
Electoral commission. The National Electoral Institute established in the Article 41 of this Constitution and in accordance to the legal dispositions, shall declare the validity of the elections for both, representatives and senators in each one of the uninominal districts, as well as in each state.
Who exercised the local judicial power?
The local judicial power shall be exercised by the courts established by the corresponding state constitution. The magistrates and judges shall be granted with independence in the performance of their duties by the state constitutions and the local organic laws of the respective state.
Background to the Mexican Constitution of 1857
Liberal thought occurred after the end of the Santa Anna dictatorship.
Drafting of the Mexican Constitution of 1857
The Constituent Congress convened by the liberals in 1855 was made up of two groups: moderate liberals who advocated the return of the 1824 Constitution and pure liberals who wanted a new constitution with much more radical changes.
Structure of the Mexican Constitution of 1857
The new constitution was structured based on eight (8) titles and 128 articles. The titles contemplated the following topics:
Important points of the Mexican Constitution of 1857
The constitution of 1857 prohibited titles of nobility and monopolies.
Federalization of the Mexican Constitution of 1857
Another of the great changes introduced by this constitution had to do with the federal character it gave to the country , made up from then on by 23 states and a federal territory, exceeding the 20 enshrined in the Constitution of 1824.
Opponents of the Mexican Constitution of 1857
Conservative sectors such as the Catholic Church were against the constitution.
Promulgation of the Mexican Constitution of 1857
The 1857 constitution was sworn in on February 5, 1857 , by the President of the Republic and the president of Congress, at that time Valentín Gómez Farías.
What is the longest lasting constitution in Mexico?
This constitution is considered the third official constitution of Mexico. This constitution replaced the Constitution of 1857 as a result of the Mexican Revolution. This constitution has been amended numerous times. It is the longest-lasting constitution of Mexico.
What is the second constitution of Mexico?
This constitution is considered the second official constitution of Mexico. This constitution replaced the Constitution of 1824 on February 5, 1857, and added several new laws such as the Reform Laws. This constitution is considered the third official constitution of Mexico.
When did Mexico become independent?
Since declaring independence in 1821, 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.
What was the Constitution of 1824?
The Constitution of 1824 established the framework of a federated republic, following the short-lived monarchy of Agustín de Iturbide (in 1821–22).
When did Mexico's constitution come into force?
It is known as the Federal Constitution of the United Mexican States and entered into force on October 4, 1824. In this constitution, the country takes the name of the United Mexican States and is defined as a representative federal and Catholic republic.
When was the Constitution of 1824 approved?
However, Ignacio Comonfort elaborated a Provisional Organic Statute to govern, until the approval of the new constitution on February 5, 1957.
When was the Constitution of Apatzingán enacted?
The Constitution of Apatzingán of 1814, was promulgated on October 22 by the Congress of Chilpancingo. It contained 2 titles, as well as 242 articles based on the constitution of Cádiz, but foreseeing the establishment of a republican regime of government.
What is the Magna Carta?
It is known as the Seven Laws or Constitution of Central American Regime. It is a document with a conservative tendency.
How many times was the Mexican Constitution amended?
In 60 years, the 1857 Constitution was amended 34 times , 20 which gives a rate of 0.56 amendments per year. This is a much lower rate than that made to the current Mexican Constitution and still substantially inferior than the rate of 1.17 amendments per year during the first 20 years of the 1917 Constitution.
What was the first constitution in Mexico?
The first Constitution in force in Mexico was the 1812 Constitution of Cadiz. 19 The amendment procedure established in this constitution was rather complicated (Articles 377-384).
How many amendments did Mexico make in 1857?
Therefore, it is possible to argue that Mexican constitutionalism already has 159 years of experience using the same constitutional amendment procedure. It is worth exploring the amendments made to the 1857 text. In 60 years, the 1857 Constitution was amended 34 times, 20 which gives a rate of 0.56 amendments per year.
What would happen if the Constitutional Amendments already require 2/3 votes?
If constitutional amendments already require a 2/3 vote, it would be illogical for the presidential veto to demand the same vote that was already required. The same majority would be compelled to override the veto. 23. 3 Territorial constitutional amendment procedures24.
How many amendments are there in 227 years?
The rate of amendments is truly impressive if compared with other countries like the United States (27 amendments in 227 years), Spain (2 amendments in 38 years), Poland (2 amendments in 25 years) and so on.
What is the Constitution of Apatzingan?
The Constitution of Apatzingan (The Constitutional Decree for the Liberty of Mexican America) was conceived as a provisional Constitution and therefore did not establish an amendment procedure. It even prohibited any amendment especially one regarding the system of government (Art. 237).
How many votes does the next legislature need to approve the amendments?
The next legislature needs to approve the powers to amend the Constitution by a 2/3 vote. If the next legislature approves the amendment by a 2/3 vote, the electoral board of the provinces would determine if the current legislature or the next one needs to approve the proposed amendment again by a 2/3 vote.
Overview
The Constitution of Mexico, formally the Political Constitution of the United Mexican States (Spanish: Constitución Política de los Estados Unidos Mexicanos), is the current constitution of Mexico. It was drafted in Santiago de Querétaro, in the State of Querétaro, by a constituent convention, during the Mexican Revolution. It was approved by the Constituent Congress on 5 Februar…
Essential principles
The constitution was founded on seven fundamental ideals:
• A declaration of rights
• Sovereignty of the nation
• Separation of powers
• Representative government
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: Of Human Rights and their Guarantees (Capítulo I: de los Derechos Humanos y sus Garantías)
History
The Political Constitution of the United Mexican States is one of the major outcomes of the Mexican Revolution that started in 1910 and won by the Constitutionalist faction led by Venustiano Carranza. Carranza's Constitutionalist coalition invoked the 1857 liberal Constitution of Mexico to unite Mexicans against the regime of General Victoriano Huerta, who had come to power by coup in February 1913. The revolutionaries fought for causes that were beyond the political bounds o…
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 the External links section below for links to the full text in English and Spanish.)
This article states that every individual in Mexico (official name, Estados Unido…
See also
• Constitutional economics
• Constitutionalism
• History of democracy in Mexico
• Law of Mexico
• List of constitutions of Mexico
Sources
• Maier, Hans (2004). Totalitarianism and political religions. Routledge. ISBN 978-0-7146-8529-8.
Further reading
• Niemeyer, E. Victor, Jr. Revolution at Querétaro: the Mexican constitutional convention of 1916–1917 Austin : University of Texas Press, 1974. ISBN 0-292-77005-7
Background to The Mexican Constitution of 1857
- Liberal thought occurred after the end of the Santa Anna dictatorship. The Mexican Constitution of 1857 obeys the liberal spirit that had gradually developedsince the times of the Mexican Empire , when the ideas of the French Enlightenment had prevented the formation of its own monarchy in the old Viceroyalty of Spain . This liberal thought seized power after the end of …
Drafting of The Mexican Constitution of 1857
- The Constituent Congress convened by the liberals in 1855was made up of two groups: moderate liberals who advocated the return of the 1824 Constitution and pure liberals who wanted a new constitution with much more radical changes. The latter, finally, managed to impose their proposals despite the influence that President Comonfort exercisedin the moderate bench, sinc…
Structure of The Mexican Constitution of 1857
- The new constitution was structured based on eight (8) titles and 128 articles. The titles contemplated the following topics: 1. Title I.On the rights of man; Of the Mexicans; Of foreigners; Of Mexican citizens. 2. Title II. Of national sovereignty and the form of government; Of the integral parts of the federation and the national territory. 3. Ti...
Important Points of The Mexican Constitution of 1857
- The constitution of 1857 prohibited titles of nobility and monopolies. Among the most momentous changes included in the new constitution are the consecration of freedom of expression , freedom of assembly, freedom to carry armsand other individual freedoms for Mexican citizens. It also confirmed the abolition of slavery , eliminated the possibility of going t…
Federalization of The Mexican Constitution of 1857
- Another of the great changes introduced by this constitution had to do with the federal character it gave to the country, made up from then on by 23 states and a federal territory, exceeding the 20 enshrined in the Constitution of 1824. These states were: Mexico, Guanajuato, Oaxaca, Puebla, Michoacán, San Luis Potosí, Veracruz, Yucatán, Jalisco, Zacatecas, Querétaro, Sonora, Tabasco…
Opponents of The Mexican Constitution of 1857
- Conservative sectors such as the Catholic Church were against the constitution. The main opponents of this new legal order were those whose ways of life and social power shares were directly affected suchas the Catholic Church and its supporters, especially the conservative elites around the Conservative Party who viewed such liberalization of society with a bad eye. and the…
Promulgation of The Mexican Constitution of 1857
- The 1857 constitution was sworn in on February 5, 1857, by the President of the Republic and the president of Congress, at that time Valentín Gómez Farías.
Reactions of The Mexican Constitution of 1857
- Félix María Zuloaga incited a coup against the new constitution. There was a first uprising in Zacapoaxtla and Puebla, which was quickly put down by the army, but it would be just an announcement of the war to come. Detractors of the Magna Carta such as Félix María Zuloaga incited a coup, calling in writing to ignore the new constitution. In 1857 the Plan of Tacu…
Importance of The Mexican Constitution of 1857
- Despite its turbulent history, the Constitution of 1857 is fundamental in the liberal history of Mexicosince it was a leap forward in terms of the recognition of individual freedoms and human rights , perhaps even too advanced for its time (and hence many of its drawbacks).
Validity and Repeal of The Mexican Constitution of 1857
- The Constitution was not applied until 1861, when the War of the Reform ended. And even though the Liberals won her, the Conservative resentment remained and led to her collaboration with the French during the Second French Intervention in Mexico. Thus came the temporary overthrow of the Liberals in 1862and the declaration of the Second Mexican Empire, which fell in 1867 and ret…