Simone Lawson
Mexico's current constitution, the Political Constitution of the United Mexican States, was drafted in Santiago de Querétaro during the Mexican Revolution and approved by the Constituent Congress on 5 February 1917. It is the successor to the Constitution of 1857 and earlier Mexican constitutions. The Constitution of 1917 is considered the legal triumph of the Mexican Revolution and is still in force today. It is divided into ten thematic titles, listing human rights, defining national citizenship, outlining associated rights, and specifying freedoms of foreigners residing in the country. It also establishes the government, public service, and social welfare, and mandates land reform. Mexico's first constitution, however, was drafted in 1810, with the country gaining independence from Spain in 1821.
| Characteristics | Values |
|---|---|
| Date of approval | 5 February 1917 |
| Location of enactment | Teatro de la República (Theatre of the Republic), Querétaro |
| Number of articles | 137 |
| Purpose | To legitimize the Mexican Revolution and elect President Carranza |
| Delegates' backgrounds | Mostly middle-class reformers, young, ambitious, and relatively apolitical |
| Delegate professions | Lawyers, teachers, engineers, doctors, journalists, revolutionary generals |
| Rights established | Human rights, freedom of religion, equality, workers' rights, indigenous peoples' rights |
| Separation of church and state | Yes |
| Land reform | Yes |
| Amendments | Several, including in 1992 and 2015 |
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What You'll Learn
- The Constitution of 1917 was a product of the Mexican Revolution
- The Constitution was drafted in Querétaro
- The Constitution was approved by the Constituent Congress on 5 February 1917
- The Constitution was amended several times
- The Constitution incorporated the aspirations of the groups involved in the Mexican Revolution
The Constitution of 1917 was a product of the Mexican Revolution
The Constitution of 1917, still in force today, was a product of the Mexican Revolution. It was drafted in Santiago de Querétaro, in the State of Querétaro, Mexico, by a constituent convention during the Mexican Revolution. It was approved by the Constituent Congress on 5 February 1917 and was later amended several times. The Constitution of 1917 is considered the legal triumph of the Mexican Revolution.
The Constitution of 1917 has 137 articles that define citizenship, organise a government, mandate land reform, and enumerate basic human rights for all Mexicans. It also establishes the government, public service, and social welfare, and designates Mexico City as the capital, with the Federal District a separate entity, apart from state jurisdiction. The Constitution also contains three essential articles: Article 3, Article 27, and Article 123.
Article 3 established free, obligatory, and secular public education free from clerical supervision, and secularised the Mexican state. It also insisted on a complete separation of Church and State. Article 27 mandated that lands taken from the peasantry during the Porfiriato had to be returned, even if they did not have written titles. The government could also take all land not used “appropriately,” and repurpose it for the public good. It also forbade foreigners from owning land within 100 km of a national border or 50 km of the sea. Article 123, the Magna Carta of labour and social welfare, established an 8-hour workday, a 6-day workweek, a minimum wage, and equal pay for work. It gave both labour and capital the right to organise, and workers gained the right to bargain collectively and strike.
The Constitution of 1917 was drafted by elected delegates, most of whom were middle-class reformers, young, ambitious, and relatively apolitical. While the resulting constitution of 1917 conferred dictatorial powers on the president, it also incorporated the aspirations of the groups involved in the Mexican Revolution, including agrarian reform. It gave the government the right to confiscate land from wealthy landowners, guaranteed workers’ rights, and limited the rights of the Roman Catholic Church.
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The Constitution was drafted in Querétaro
The Mexican Revolution, which lasted from 1910 to 1920, culminated in the creation of the Constitution of 1917. This constitution, still in force in Mexico today, was drafted in Querétaro, not in the capital. Querétaro was chosen by Venustiano Carranza because it was where Emperor Maximilian of Mexico was executed, bringing an end to the Second French Intervention in 1867.
The Constitution of 1917 was drafted by a congress specifically convened to revise the liberal constitution of 1857. However, the process resulted in a new, more sweeping document. The membership of the congress was not representative of all regions, classes, or political stripes in Mexico. The 220 delegates were all Carrancistas, and most were middle-class professionals, including lawyers, teachers, engineers, doctors, and journalists. A small but significant group of delegates were revolutionary generals, including Francisco José Múgica and Candido Aguilar, Carranza's son-in-law.
The Constitution of 1917 is notable for being the first document in the world to set out social rights. It includes provisions that display profound changes in Mexican politics, such as the insistence on a complete separation of Church and State (Article 3), the division of large haciendas into ejidos, held jointly by local entities, and national ownership of the national subsoil (Article 27), and the right of labor to organize, strike, and receive compensation for workplace accidents (Article 123). Articles 3, 5, 24, 27, and 130 also restricted the Roman Catholic Church in Mexico.
The drafting of the Constitution of the United States, which took place from 1786 to 1787, followed a similar process of convening a Constitutional Convention to revise the existing Articles of Confederation. The convention was held in Philadelphia, Pennsylvania, and resulted in the creation of a new constitution with a much stronger national government. The final draft of the U.S. Constitution was completed by a Committee of Style and Arrangement, which condensed the 23 articles into seven and added a preamble and a closing endorsement. The primary author of this final draft was Gouverneur Morris, later known as the "penman of the Constitution."
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The Constitution was approved by the Constituent Congress on 5 February 1917
The Mexican Revolution, which began in 1910, was a prolonged and destructive conflict that profoundly impacted the country. It witnessed the overthrow of the dictator Porfirio Diaz, the emergence of competing factions, and foreign interventions. The Revolution culminated in the Constitutionalist victory over the Conventionists in 1917, leading to the creation of a new constitution.
The Constitution of 1917, formally known as the Political Constitution of the United Mexican States, was drafted in Santiago de Querétaro during the Mexican Revolution. The drafting process was undertaken by a Constituent Congress, an assembly of 220 delegates predominantly comprising middle-class professionals, including lawyers, teachers, engineers, doctors, and journalists. Notably, a small but significant number of revolutionary generals, such as Francisco José Múgica and Cándido Aguilar, were also among the delegates. The Constituent Congress was convened by Venustiano Carranza, who sought to revise the liberal constitution of 1857. However, the process resulted in the creation of a new, more sweeping document.
The final draft of the Constitution was approved by the Constituent Congress on February 5, 1917, and was later published in the Diario Oficial on the same day. This date, February 5, is commemorated annually as Constitution Day (Día de la Constitución), a public holiday in Mexico. The Constitution of 1917 has been amended several times but remains in force even today, almost a century later, a testament to its enduring significance.
The Constitution of 1917 introduced significant social reforms and was the first such document in the world to outline social rights. It established a clear separation of church and state, mandated land reforms, and empowered the labour sector. It provided for equality, guaranteeing equal treatment without discrimination based on race, creed, social or political condition. The Constitution was structured into ten thematic titles, encompassing a range of topics such as human rights, citizenship, freedoms of foreigners, and the establishment of the government, public service, and social welfare.
The Constitution of 1917 was a pivotal moment in Mexico's history, marking the culmination of the Mexican Revolution and setting the foundation for the country's governance and the protection of the rights of its citizens.
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The Constitution was amended several times
The Constitution of 1917, approved by the Constituent Congress on 5 February 1917, has been amended several times. The constitution-making process was influenced by the Mexican Revolution, with the document reflecting the experiences of those involved in the conflict. The Constitution of 1917 is considered the legal triumph of the Mexican Revolution, serving as a model for other constitutions, including the Weimar Constitution of 1919 and the Russian Soviet Federative Socialist Republic Constitution of 1918.
The Constitution of 1917 is notable for its emphasis on social rights and its role in institutionalizing political demands. It introduced significant social reforms, such as labour laws, and provided for equality in treatment without discrimination based on race, creed, social or political condition. It also established the separation of church and state, with Articles 3, 5, 24, 27, and 130 restricting the influence of the Roman Catholic Church. These articles led to conflicts, such as the Cristero War, and were later modified or repealed.
The process of amending the constitution has been influenced by the dominance of a single political party, the Institutional Revolutionary Party (PRI), which held a significant majority in both chambers and controlled all Federal Entities until 1989. This period saw a high rate of amendments, with 117 amendments made in 72 years, contributing to a perception of a lack of a strong system. The amendments addressed various issues, including economic and political nationalism, workers' rights, and land reform.
The amendment process has been a subject of debate, with some arguing for a more rigid constitution to reduce the frequency of amendments. The Constitution of 1857, for example, had strong anticlerical articles, but under Díaz, the Catholic Church regained power as the constitutional provisions were not enforced. On the other hand, the frequent amendments can also be viewed as a way to address different political demands and adapt to changing circumstances.
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The Constitution incorporated the aspirations of the groups involved in the Mexican Revolution
The Mexican Revolution (1910-1920) was a long and bloody conflict between several factions, resulting in the end of the 30-year dictatorship in Mexico and the establishment of a constitutional republic. The violence of 1910 gave a clear start to the revolution, but there is no clear consensus on when it ended. Some scholars suggest 1920, while others propose 1940, arguing that the revolution slowly unravelled until then.
The Mexican Constitution of 1917, still in force today, was drafted in Santiago de Querétaro during the Mexican Revolution and approved by the Constituent Congress on February 5, 1917. It is the successor to the Constitution of 1857 and earlier Mexican constitutions. The 1917 Constitution is considered the legal triumph of the Mexican Revolution and served as a model for the Weimar Constitution of 1919 and the Russian Soviet Federative Socialist Republic Constitution of 1918.
The Constitution of 1917 incorporated the aspirations of the groups involved in the Mexican Revolution. While the initial goal of the revolution was the overthrow of the Díaz dictatorship, it evolved into a broader economic and social upheaval. The Constitution reflected the experiences of those involved in the revolution, and its 137 articles define citizenship, organise a government, mandate land reform, and enumerate basic human rights for all Mexicans.
The Constitution addressed the economic and social demands of the radical precursors, such as agrarian reform championed by Zapata's followers, and the protection of urban labour. It also included provisions for widening the educational base by making primary school available to the Mexican masses, most of whom had never had the opportunity to learn to read and write.
The Constitution included significant social reforms to labour laws, providing for equality in treatment without discrimination based on race, creed, social or political condition. It empowered the labour sector and established the basis for free, mandatory, and secular education. Additionally, it laid the foundation for land reform, empowering the state to expropriate land and other resources, and mandated the return of lands taken from the peasantry during the Porfiriato, even if they lacked written titles.
The Constitution also reflected the desire to separate church and state, with Articles 3, 5, 24, 27, and 130 restricting the Roman Catholic Church in Mexico. These articles led to the Cristero War, a violent conflict sparked by President Calles's stringent enforcement of anticlerical laws.
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Frequently asked questions
Yes, the current Constitution of Mexico, also known as the Political Constitution of the United Mexican States, was drafted during the Mexican Revolution and approved on 5 February 1917.
The Constitution of 1917 was based on the liberal 1857 Constitution, which was invoked by the Constitutionalist faction led by Venustiano Carranza to unite Mexicans against the regime of General Victoriano Huerta.
The Constitution of 1917 defined national citizenship, listed human rights, outlined associated rights, specified freedoms of foreigners residing in Mexico, established the government, and mandated land reform. It also included provisions for free, mandatory, and secular education, and restricted the Roman Catholic Church in Mexico.
The Constitution of 1917 was significant as it was the first document in the world to set out social rights, serving as a model for other constitutions, including the Weimar Constitution of 1919 and the Russian Soviet Federative Socialist Republic Constitution of 1918. It also marked the culmination of the Mexican Revolution, providing a legal framework for the country's political and social philosophy.
Yes, the Mexican Constitution of 1917 has been amended several times. Notable revisions include those made in 1992 under President Carlos Salinas de Gortari, which modified Article 27 to strengthen private property rights and end land redistribution, and largely repealed restrictions on the Roman Catholic Church.
