Mexico's Constitution: A Written Promise To Its People

Mexico does indeed have a written constitution, which was first promulgated in 1917 and is still in force today. The current constitution is the product of the Mexican Revolution and has been amended several times since its inception. It guarantees personal freedoms and civil liberties, and establishes economic and political principles for the country. The Mexican Constitution is formally rigid but is frequently amended.

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The Mexican Constitution of 1917

Mexico does have a written constitution, and it is formally known as the Political Constitution of the United Mexican States. The current constitution, approved on 5 February 1917, is the successor to the Constitution of 1857 and earlier charters. The Mexican Constitution of 1917 is a product of the Mexican Revolution and is considered one of the most progressive constitutional documents of the 20th century.

The 1917 Constitution has 137 articles that define citizenship, organise a government, mandate land reform, and enumerate basic human rights for all Mexicans. Notably, it includes Articles 3, 27, and 123, which were adopted in response to the armed insurrection of the popular classes during the Mexican Revolution.

Article 3 established the basis for free, mandatory, and secular education, emphasising the separation of church and state. Article 27 laid the foundation for land reform, mandating the return of lands taken from the peasantry during the Porfiriato. It also included concepts of social utility and national benefit to limit the untrammeled use of private property. Article 123 was designed to empower the labour sector, guaranteeing an 8-hour workday, a 6-day workweek, a minimum wage, and equal pay for equal work. It also gave labour the right to organise, collectively bargain, and strike.

Amendments to the Constitution

Mexico does have a written constitution, which was first drafted in 1917 and is formally known as the Political Constitution of the United Mexican States. It is the successor to the Constitution of 1857 and earlier charters from 1824. The 1917 Constitution was a product of the Mexican Revolution and has been amended several times since its inception.

The Mexican Constitution is considered a rigid constitution in terms of its theoretical framework and amendment procedure. However, in practice, it has been amended frequently, with a significant increase in the rate of amendments in recent decades. From 1917 to 1979, the Constitution was amended 90 times through amendment decrees. In contrast, from 1980 to 2016, it was amended 137 times, showcasing an accelerated pace of constitutional changes.

Amending the Mexican Constitution is a complex process, requiring a natural majority of two-thirds for constitutional amendments. Additionally, the participation of federal entities, who must consent to the amendment, is a crucial factor in the amendment process. The frequent amendments can be attributed to the behaviour of the political system and the practical usage of amendments, resulting in a flexible and easily amendable Constitution.

The Constitution of 1917 introduced significant social reforms, including provisions for equality regardless of race, creed, or social and political conditions. It also addressed territorial organization, civil liberties, democratic forms, and anticlerical and anti-monopoly clauses.

One notable amendment occurred in 1934, when Article 3 was modified to mandate socialist education, removing all religious doctrine and aiming to "combat fanaticism and prejudices." This amendment reflected the tense church-state relations of that era, which culminated in the Cristero War that ended in 1929.

Another significant aspect of the 1917 Constitution is Article 123, often referred to as the Magna Carta of labour and social welfare. It guarantees minimum wages, the right to organize and strike, and establishes a comprehensive system of social security, including public health and welfare programs.

The Constitution has also been amended to address specific issues such as the prohibition of the manufacture and consumption of alcohol. While this amendment was defeated by delegates, the debates around it influenced the inclusion of certain provisions in Article 123, demonstrating the dynamic nature of constitutional amendments in Mexico.

Equality and non-discrimination

Mexico has a written constitution, enacted on February 5, 1917, by Mexican President Venustiano Carranza. The Constitution, a product of the Mexican Revolution, brought about significant social reforms to labor laws and provided for equality in treatment without discrimination on the basis of race, creed, social or political condition.

The Mexican Constitution of 1917 incorporated the major features of the 1824 and 1857 charters regarding civil liberties and democratic forms. It also provided for equality and non-discrimination on various grounds. Article 1 of the Constitution prohibits any form of discrimination that affects the rights and opportunities of citizens. The Constitution guarantees that all persons will enjoy the human rights recognized in the Constitution and in the treaties to which Mexico is a party, without restriction or suspension, except in cases established by the Constitution.

The Constitution also provides for equality and non-discrimination on the following grounds:

• Ethnic or national origin
• Gender
• Age
• Disabilities
• Social condition
• Health
• Religion
• Opinion
• Sexual orientation
• Civil status

In addition, Mexico has a legal and institutional framework to combat racial discrimination, including the Federal Law to Prevent and Eliminate Discrimination and the National Programme for Equality and Non-Discrimination. The country has also endorsed the conclusions of the Regional Conference of the Americas, which reaffirmed the principles of equality and respect for human rights and fundamental freedoms, regardless of race, colour, sex, language, health, age, religion, political or other beliefs, and nationality.

Despite these provisions, Mexico has acknowledged that large sectors of its population are discriminated against and excluded from opportunities. In particular, responses to historical and structural discrimination against indigenous peoples, people of African descent, and migrants have been insufficient.

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Guaranteeing personal freedoms and civil liberties

Mexico does have a written constitution, which 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 has been amended several times since.

The Mexican Constitution guarantees several personal freedoms and civil liberties, including:

• The right to freedom and liberty, with the document stating that all men are free and that by merely setting foot on Mexican soil one is set free.
• Freedom of religion, with no official Church of the State being established.
• Equality in treatment without discrimination on the basis of race, creed, social or political condition.
• The right to adequate food, with Article 4 stating that "every person has the right to adequate food to maintain his or her wellbeing and physical, emotional and intellectual development".
• The right to be free from capital punishment, with Articles 14 and 22 banning the use of the death penalty within Mexican territory.

The Constitution also includes provisions that limit the freedoms of religious institutions and their ministers, including denying them legal status, the freedom of association, the right to vote, and freedom of speech. However, in practice, these anticlerical articles have not always been enforced by Mexican presidents.

The spirit of liberty

Mexico's current constitution, the Constitution of 1917, was promulgated by President Venustiano Carranza on February 5, 1917, and is still in force today. The Constitution of 1917 is a product of the Mexican Revolution and has been amended several times. It guarantees personal freedoms and civil liberties, and it establishes economic and political principles for the country.

The Constitution of 1917 is markedly different from previous constitutions due to its resounding spirit of liberty. It begins by stating that all men are free and that setting foot on Mexican soil grants freedom. It continues with a liberal tone and does not establish an official Church of the State. In fact, Article 27 begins a series of provisions that go against the interests of the Church. For example, it states that no corporation, civil or ecclesiastical, can acquire or administer real property, except for buildings used directly by the institution.

The Constitution of 1917 also introduced significant social reforms to labor laws and provided for equality of treatment without discrimination based on race, creed, or social or political condition, among other reforms. Article 3 offers a plan for secular, free, and compulsory public education, while Article 14 reaffirms the sanctity of private property and contracts. Article 27 includes concepts of social utility and national benefit, limiting the unrestricted use of private property, and reasserting national ownership of subsoil resources. It also outlines alternative land reform and agrarian programs.

Article 123, often referred to as the Magna Carta of labour and social welfare, guarantees minimum wages, the right to organize and strike, and social security, including public health and welfare programs. It also elevates the status of labour, destroying the concept of labour as a mere economic commodity. Overall, the Constitution of 1917 reflects the nationalistic feelings of the revolutionaries and places limitations on foreigners and foreign interests.

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