Omar Bennett
The Constitution of 1917, a product of Mexico's long struggle to conform as a nation, is a document that captures the diverse and divergent revolutionary ideals in matters of land distribution, labor rights, secular and free education, and democratic renewal. The constitution, which has been amended several times, outlines human rights, defines national citizenship, specifies freedoms of foreigners, establishes the government, and mandates land reform. Notably, Article 27 of the constitution empowered the state over fundamental aspects of property ownership, resulting in the expropriation and redistribution of lands. This article also mandated the return of lands taken from the peasantry during the Porfiriato, even without written titles, and forbade foreigners from owning land within 100km of a national border or 50km of the sea.
| Characteristics | Values |
|---|---|
| Land ownership | The nation originally owns all land and water within the national territory and has the right to transfer ownership to private entities. |
| Expropriation | Authorized only if it serves the public interest and is subject to compensation. |
| Land reform | Empowered the government to confiscate land from wealthy landowners and return it to the peasantry. |
| Land distribution | The division of large haciendas into ejidos, held jointly by local entities and the nation. |
| Indigenous rights | Recognizes and protects the rights of indigenous peoples to self-determination, autonomy, and land ownership. |
| Anticlericalism | Restricted the power of the Roman Catholic Church and enforced the separation of church and state. |
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What You'll Learn
The government could confiscate land from wealthy landowners
The Mexican Constitution of 1917, which came into force on 5 February 1917, was the culmination of the Mexican Revolution. It was drafted by a Constituent Congress in Querétaro, convened by President Venustiano Carranza in 1916. The constitution addressed land in several ways, one of which was by giving the government the right to confiscate land from wealthy landowners.
Article 27 of the constitution mandated that lands taken from the peasantry during the Porfiriato had to be returned, even if the peasants did not have written titles. This article also gave the government the right to take all land not used "appropriately" and repurpose it for the public good. Additionally, Article 27 forbade foreigners from owning land within 100 km of a national border or 50 km of the sea.
Article 27 was influenced by the work of Molina Enríquez, published just before the outbreak of the Mexican Revolution. It also reflected the demands of the Liberal Party of Mexico, which called for landowners to make their land productive or risk confiscation by the state. This was a key demand of the followers of Emiliano Zapata, who had led peasants in the state of Morelos in dividing up large sugar haciendas into plots for subsistence agriculture.
The constitution's authorization of land confiscation from wealthy landowners was part of a broader effort to mandate land reform and guarantee workers' rights. This included the division of large haciendas into ejidos, held jointly by local entities and the nation. The ejido system was a form of collective land ownership that aimed to address the problem of dependent labor, capitalism, and industrial ownership in the agrarian sector.
The 1917 Constitution's provisions on land confiscation and reform had a significant impact on indigenous communities. It recognized indigenous peoples' right to self-determination and autonomy, allowing them to decide their internal forms of coexistence and social, economic, political, and cultural organization. Indigenous communities were also given preferential use of the natural resources in the sites they inhabited, enabling them to maintain and improve their environment and lands.
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The return of land taken from the peasantry
The Mexican Constitution of 1917, which was ratified on 5 February 1917, addressed the issue of land reform in several ways. One of the most significant provisions was Article 27, which mandated the return of lands taken from the peasantry during the Porfiriato, even if they lacked written titles. This article also gave the government the power to expropriate land that was not being used appropriately and repurpose it for the public good. It further restricted foreign ownership of land within 100 km of national borders or 50 km of the sea.
Article 27 also reasserted national ownership of subsoil resources and outlined alternative land reform and agrarian programs. This article was one of the most important in the constitution, as it directly addressed the issue of land reform and the rights of indigenous peoples. It also guaranteed the right of indigenous peoples to self-determination and autonomy, allowing them to decide on their internal forms of coexistence and social, economic, political, and cultural organization.
The Constitution of 1917 was a result of the Mexican Revolution and reflected the aspirations of the groups involved in the revolution, including the agrarian reform advocated by the followers of Emiliano Zapata. It gave the government the right to confiscate land from wealthy landowners and redistribute it to those who had previously been dispossessed, often peasants and indigenous communities. This was in line with the ideas of the time, which advocated for land to be a public good and for private property to be a privilege created by the nation.
The Constitution of 1917 also included provisions for the division of large haciendas into ejidos, which would be held jointly by local entities and the nation. This was another measure to address the concentration of land ownership and to promote more equitable distribution. Additionally, the constitution guaranteed workers' rights, including an 8-hour workday, a 6-day workweek, a minimum wage, and equal pay for equal work.
Overall, the Constitution of 1917 in Mexico addressed the issue of land reform by seeking to return land to those from whom it had been taken, promoting more equitable distribution, and guaranteeing the rights of indigenous peoples to their lands and self-determination. These measures were designed to rectify historical injustices and create a more just and equitable society.
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The right to self-determination for indigenous people
The Mexican Constitution of 1917 is a document that captures the diverse and divergent revolutionary ideals in matters of land distribution, labour rights, secular and free education, and democratic renewal. It is the product of a long struggle of the Mexican nation to conform as a nation. The Constitution addresses land in several ways, including the mandate that lands taken from peasants during the Porfiriato must be returned, even without written titles. It also forbids foreigners from owning land within 100 km of a national border or 50 km of the sea.
The Constitution also recognises and protects the indigenous people's right to self-determination. This includes the right to autonomy and self-governance, allowing them to decide on their internal forms of coexistence and their social, economic, political, and cultural organisation. Indigenous communities are also given the right to maintain and improve their environment and lands, as well as preferential use of the natural resources of the sites they inhabit.
The Constitution outlines that the property of all land and water within national territory is originally owned by the Nation, with the right to transfer ownership to individuals. This means that private property is a privilege created by the Nation. Expropriation is authorised in the public interest and with compensation.
The Constitution also mandates land reform, including the division of large haciendas into ejidos, held jointly by local entities and the nation. It also requires landowners to make all their land productive, and if left idle, it is subject to government expropriation. Additionally, it grants a fixed amount of land to anyone who asks for it, provided they bring it into production and do not sell it.
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The government could take unused land for the public good
The Mexican Constitution of 1917, which is still in force almost 100 years later, addresses several aspects related to land. One of its key provisions, Article 27, states that the government could take all land not used "appropriately" and repurpose it for the public good.
Article 27 of the 1917 Constitution was a response to the land issues that arose during the Porfiriato, a period preceding the Mexican Revolution. This article mandated the return of lands that had been taken from the peasantry during that time, even if they lacked written titles. Additionally, it included provisions to limit foreign ownership of land near national borders or the sea.
The concept of the government taking unused land for the public good is not unique to Mexico. Similar practices exist in other countries, often referred to as "eminent domain" or equivalent terms like "requisitions" in China. This legal concept allows governments to claim private property for public use, provided they compensate the original owners. The specifics of this process vary by country and jurisdiction. For example, in the United States, the Fifth Amendment to the Constitution includes a "takings clause," ensuring that private property cannot be taken for public use without "just compensation."
Eminent domain has been used historically for various purposes, such as constructing public buildings, facilitating water supply to populated areas, and developing transportation infrastructure like railroads and interstate highways. While eminent domain gives governments significant power over private property, there are often legal avenues for property owners to dispute the seizure or negotiate better compensation.
In summary, the Mexican Constitution of 1917 addressed land issues by empowering the government to take unused land for the public good, and similar practices exist worldwide, with varying legal frameworks and protections for property owners.
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The restriction of foreign land ownership
The Constitution of 1917, which is still in force almost a century later, comprises 137 articles that define citizenship, organise a government, mandate land reform, and outline basic human rights for all Mexicans.
Article 27 of the Constitution of 1917 mandated that lands taken from the peasantry during the Porfiriato had to be returned, even without written titles. It also forbade foreigners from owning land within 100 km of a national border or 50 km of the sea. This was a significant measure to restrict foreign land ownership in Mexico.
The intellectual father of Article 27 was Andrés Molina Enríquez, who came from a prominent, politically well-connected, land-owning family on his mother's side. In his book, "Los Grandes Problemas Nacionales" (The Great National Problems), published in 1909, Molina Enríquez laid out his analysis of Mexico's unequal land tenure system and his vision of land reform. As a notary in Mexico State in the late 19th century, he witnessed first-hand how the legal system favoured large estate owners.
The 1917 Constitution's focus on land reform and the restriction of foreign land ownership was influenced by the Mexican Revolution and the aspirations of the groups involved, including the agrarian reform advocated by the followers of Emiliano Zapata. The revolution deeply affected everyone at the convention, and the constitution reflects their experiences.
In addition to restricting foreign land ownership, the constitution also gave the government the right to confiscate land from wealthy landowners and mandated the division of large haciendas into ejidos, held jointly by local entities and the nation. This ensured that private property was a privilege created by the nation and subject to expropriation in the public interest with compensation.
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Frequently asked questions
Article 27 mandated that lands seized from peasants during the Porfiriato had to be returned, even without written titles. It also prohibited foreigners from owning land within 100km of a national border or 50km of the sea. Additionally, it laid the foundation for land reform in Mexico, empowering the state over fundamental aspects of property ownership.
The 1917 Constitution recognised and protected the rights of indigenous people, including their right to self-determination and autonomy. It also acknowledged their right to maintain and improve their lands and attain preferential use of natural resources, while respecting third-party rights.
The 1917 Constitution incorporated the aspirations of groups involved in the Mexican Revolution, including agrarian reform. It gave the government the right to confiscate land from wealthy landowners and redistribute it. It also mandated the division of large haciendas into ejidos, jointly held by local entities and the nation.
The 1917 Constitution included Articles 3, 123, and 27, which established free and compulsory secular public education, empowered the labour sector, and outlined social welfare programs. It also restricted the power of the Roman Catholic Church and prohibited presidential reelection.
The 1917 Constitution has been amended several times to modernise Mexico and reflect changing political and social landscapes. In 1992, Article 27 was modified to strengthen private property rights, allow privatisation of ejidos, and end land redistribution. Additionally, articles restricting the Roman Catholic Church were largely repealed.
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