Simone Lawson
The Constitution of 1917, or the Political Constitution of the United Mexican States, was drafted in Santiago de Querétaro, Mexico, during the Mexican Revolution. It was approved by the Constituent Congress on February 5, 1917, as the successor to the Constitution of 1857. The Constitution of 1917 aimed to resolve various issues and introduce several rights and reforms. It mandated the return of lands taken from the peasantry, established an 8-hour workday and a 6-day workweek, guaranteed workers' rights, and incorporated demands for land reform. It also included anticlerical articles that separated church and state, restricted the Catholic Church, and established free and secular public education. The Constitution of 1917 conferred dictatorial powers on the president while guaranteeing personal freedoms and civil liberties. It also recognized the rights and autonomy of indigenous peoples, guaranteed human rights, and established Mexico City as the capital.
| Characteristics | Values |
|---|---|
| Separation of Church and State | Article 3 |
| Land Reform | Article 27 |
| Workers' Rights | Article 123 |
| Human Rights | Articles 3, 27, 123 |
| Civil Liberties | Articles 3, 14, 27, 123 |
| Democratic Forms | Articles 3, 14, 27, 123 |
| Anticlerical and Anti-Monopoly | Articles 3, 130 |
| Dictatorial Powers of the President | N/A |
| Indigenous Rights and Self-Governance | Articles 2, 15, 16, 17 |
| Education | Article 3, 9 |
| Citizenship | N/A |
| Government | N/A |
| Social Welfare | N/A |
Explore related products
Separation of church and state
The Mexican Constitution of 1917, which is still in force, insists on the complete separation of church and state. Article 3 of the constitution established free, obligatory, and secular public education, free from clerical supervision, and secularised the Mexican state.
The concept of the separation of church and state is not unique to Mexico, and it is an idea that has been debated and implemented in various ways around the world. One of the most well-known examples is the separation of church and state in the United States. While the exact phrase "separation of church and state" is not in the US Constitution, the concept is enshrined in the First Amendment, which states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." This is known as the Establishment Clause, and it forms the textual basis for the Supreme Court's interpretations of the separation of church and state doctrine.
The earliest mention of the metaphor of a "wall of separation" between church and state comes from Roger Williams, a minister, lawyer, and merchant who desired religious freedom. Williams argued that a true Christian church required a separation from the "wilderness of the world" and that government involvement in religion would corrupt both the government and the church. Thomas Jefferson, in a letter to the Danbury Baptist Association in 1802, famously used this metaphor when he wrote that the First Amendment built a "wall of separation between church and state."
The Supreme Court has interpreted the Establishment Clause to mean that the government cannot advance or inhibit religion and that the First Amendment "erected a wall between church and state, which must be kept high and impregnable." This interpretation has been upheld in various court cases, including Everson v. Board of Education in 1947 and Zorach v. Clauson in 1952. However, the extent of separation between government and religion in the US continues to be debated, and there have been cases where the Supreme Court has upheld accommodationism, recognizing a Supreme Being without establishing a state church.
The separation of church and state is a complex issue that varies depending on the country and its historical and cultural context. While some countries, like Mexico and the United States, have constitutions that explicitly separate church and state, other countries may have state-sanctioned religions or financial ties with religious organizations while still maintaining high degrees of religious freedom and tolerance.
The US Constitution: Political Parties' Legal Status
You may want to see also
Land reform
The Mexican Constitution of 1917, still in force almost 100 years later, has 137 articles that define citizenship, organise a government, mandate land reform, and enumerate basic human rights for all Mexicans. The constitution incorporated the aspirations of the groups involved in the Mexican Revolution, including the agrarian reform advocated by the followers of Emiliano Zapata.
Article 27 of the 1917 Constitution mandated that lands taken from the peasantry during the Porfiriato had to be returned, even if they did not have written titles. It also reasserted national ownership of subsoil resources and outlined alternative land-reform and agrarian programs. The government could take all land not used "appropriately" and repurpose it for the public good. It also forbade foreigners from owning land within 100km of a national border or 50km of the sea.
The intellectual father of Article 27 was Andrés Molina Enríquez, whose 1909 book, *Los Grandes Problemas Nacionales* (The Great National Problems), laid out his analysis of Mexico's unequal land tenure system and his vision of land reform. Peasant mobilisation during the Revolution brought about state-directed land reform, but Molina Enríquez's work provided the intellectual and legal framework for how it was accomplished.
In practice, Carranza's government sought to limit the implementation of any sweeping changes favourable to the peasantry. Many landlords whose estates had been expropriated had them restored during the Carranza era. Villages that were to receive grants had to agree to pay the government for the land. When Alvaro Obregón became president in 1920, he recognised the land reform in Morelos and Zapatistas were given control of the region.
In 1992, Article 27 of the Constitution was amended, and a new approach to land reform was introduced. The land regularisation programme allowed for democratic and participatory approaches to conflict resolution, but procedures were entrenched in the legalistic framework and practices of formal institutions that ruled and enforced property rights in rural Mexico.
Bike Rack Lights: Are They Legally Obscured?
You may want to see also
Workers' rights
The Mexican Constitution of 1917, which is still in force, contains several provisions that directly address workers' rights.
Article 123 of the Constitution established an eight-hour workday, a six-day workweek, a minimum wage, and equal pay for equal work. It also gave workers the right to organise, bargain collectively, and strike. Additionally, it provided for compensation for workplace accidents. These rights and protections for workers were groundbreaking at the time and served as a model for progressive constitutions worldwide.
The Constitution also included provisions for land reform, which had a significant impact on workers, especially in the agricultural sector. Article 27 mandated the return of lands taken from the peasantry, even without written titles. This article also empowered the government to repurpose land not used "appropriately" for the public good and prohibited foreigners from owning land within certain areas.
The Constitution further addressed the rights of indigenous communities, recognising their multicultural contribution to the Mexican nation. It provided for the support of productive activities and sustainable development of these communities, with the aim of generating sufficient income and creating jobs. It also established the right of indigenous peoples to self-governance and the preservation of their languages, knowledge, and cultural identity.
The Constitution of 1917 also outlined specific regulations regarding labour contracts. These included provisions such as binding contracts for the agreed-upon services, with a specified time frame that could not exceed one year to the detriment of the worker.
Overall, the Mexican Constitution of 1917 played a pivotal role in establishing and safeguarding workers' rights, ensuring that labour rights were recognised and protected by the state.
The Constitution's Take on Happiness and Pursuit
You may want to see also
Explore related products
Indigenous rights
The Mexican Constitution of 1917 was formed in the aftermath of the Mexican Revolution, which saw peasant mobilization against landed elites. The constitution was designed to resolve issues of land reform and to establish rights for indigenous peoples.
The Constitution of 1917 aimed to address the historical discrimination and lack of development affecting indigenous communities in Mexico. To this end, it included provisions for wealth redistribution and the promotion of equal opportunities for indigenous people. It was recognized that indigenous communities had been disproportionately affected by land loss during the Porfiriato, and Article 27 mandated that these lands be returned to the villages.
The Constitution also sought to strengthen indigenous peoples' participation and political representation. Indigenous communities were given the right to elect representatives to municipal governments, and to have their customs and cultural practices considered in legal proceedings. They were also guaranteed the right to be assisted by interpreters and counsels familiar with their language and culture.
Indigenous peoples were granted the right to self-governance, allowing them to apply their own legal systems to internal conflicts, elect their own authorities, and preserve their languages and cultures.
To address the economic challenges faced by indigenous communities, the Constitution included measures to support productive activities and sustainable development. Authorities were obliged to develop conditions for indigenous communities to acquire, operate, and manage media, as well as to create incentives for investments that would generate new jobs. Social policies were also established to protect indigenous immigrants and improve areas such as women's health and children's education and nutrition.
Patrick Henry: Founding Father and Constitution Contributor
You may want to see also
Education
The Mexican Constitution of 1917, which is still in force today, was the culmination of the Mexican Revolution. It incorporated the aspirations of the groups involved in the revolution, including the separation of Church and State, the confiscation of land from wealthy landowners, and widened the educational base to include availability of primary school for all Mexicans.
Article 3 of the Constitution of 1917 established free, obligatory, and secular public education, free from clerical supervision. It also secularised the Mexican state and limited the rights of the Roman Catholic Church.
The Federal Executive was given the power to establish the syllabus for preschool, elementary, and secondary education, as well as for teacher training colleges, to be applied throughout the country. In doing so, the Federal Executive was to take into account the opinions of state governments, civil society groups involved in education, teachers, and parents.
The Constitution also promoted the incorporation of indigenous women into the development of the community, including by stimulating their access to education and participation in decision-making processes related to community life. It also established a scholarship program for indigenous students at all levels and encouraged bilingual and intercultural education.
Additionally, the Constitution provided for the removal of members of the National Council for the Evaluation of the Social Development Policy, a body responsible for poverty measurement and the evaluation of programs, only for "severe cause". Board members were also prohibited from holding any other job, position, or assignment, except for unpaid services in educational, scientific, cultural, or altruistic institutions.
The Role of Secretary of Veterans Affairs and Homeland Security
You may want to see also
Frequently asked questions
The 1917 Constitution conferred dictatorial powers on the president, but it also incorporated the aspirations of the groups involved in the Mexican Revolution. It gave the government the right to confiscate land from wealthy landowners, mandated an 8-hour workday and a 6-day workweek, and guaranteed workers' rights.
The 1917 Constitution established Mexico City as the capital and defined national citizenship. It also guaranteed personal freedoms and civil liberties, including the right to a trial in one's native language, and established the separation of church and state.
The 1917 Constitution defined human rights and the rights of foreigners residing in the country. It also established free, obligatory, and secular public education.
The 1917 Constitution recognised the right of indigenous peoples to self-governance and self-determination, allowing them to apply their own legal systems to internal conflicts and elect their own authorities or representatives.
![Revolution: Complete Series - First & Second Season 1 and 2 [DVD, Collection with all 42 Episodes] Spanish & English Audio, Region 1](https://m.media-amazon.com/images/I/71mA9EuwNoL._AC_UY218_.jpg)
