Malcolm Rivera
Mexico has amended its constitution numerous times since its independence in 1821. The country has adopted several constitutions or other basic laws with constitutional effects, with the 1824, 1857, and 1917 documents considered full-fledged and operational. The 1917 Constitution, drafted by the victors of the Mexican Revolution, was a significant document that preceded similar constitutions in the Soviet Union and Weimar Republic. It has been amended multiple times, with notable changes including the banning of capital punishment and the guarantee of the right to food. Mexico's constitution is known for its hyper-reformism, with a steep increase in binding constitutional precedents leading to innovative constitutional interpretations.
| Characteristics | Values |
|---|---|
| Number of Amendments | 68 amendments between 2000 and 2013 |
| First Amendment | 1812 Constitution of Cadiz |
| Amendment Procedure | At least 20 deputies required to propose an amendment; text must be read 3 times over 6 days; requires 2/3 vote |
| Hyper-Reformism | Correlated with a steep increase in binding constitutional precedents |
| Articles Amended | 3, 14, 22, 27, 42, 43, 44, 123, 135, 143 |
| Political Nature | Amendments driven by political factions and addressing coordination challenges |
| Amendment Frequency | Positively correlated with length of constitution |
| Latest Amendment | 2011 |
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What You'll Learn
The Mexican Constitution of 1917
The constitution was drafted in Santiago de Querétaro, in the State of Querétaro, by a constituent convention. The choice of location carried symbolic significance as it was where Emperor Maximilian of Mexico was executed, marking the end of the Second French Intervention in 1867. The congress formally opened in November 1916, and the final draft was swiftly approved in just a few months, by February 1917. The constitution-drafting process involved delegate elections and heated debates, particularly on anticlerical and social reform provisions.
Despite its rigid nature, the Mexican Constitution of 1917 has been amended numerous times since its ratification. While the exact number of amendments is challenging to pinpoint, sources indicate that it has been amended several or a few hundred times. These amendments have addressed various aspects of Mexican society, including economic nationalism, political nationalism, workers' rights, land reform, and education. The amendment process in Mexico has been characterised as "hyperreformism," with frequent changes driven by the need to update outdated regulations, address contradictions, and establish political commitments.
The First Amendments: Constitutional Drafting History
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Amendments to Articles 3, 27, and 123
The Mexican Constitution, formally the Political Constitution of the United Mexican States, was approved by the Constituent Congress on 5 February 1917 and has been amended several times since. Articles 3, 27, and 123 are among the most important provisions of the constitution.
Article 3 established the basis for free, mandatory, and secular education. In 1934, the first amendment was made to Article 3, mandating that education should be socialist. This was done to establish Mexico's political stance at the time, and it also aimed to "combat fanaticism and prejudices" and "build in the youth a rational and exact concept of the universe and of social life". The current version of Article 3, amended in 2011, states that education should aim to "harmonically develop all faculties of the human being and at the same time will promote love for the motherland, respect for human rights, and awareness of international solidarity in independence and justice."
Article 27 laid the foundation for land reform in Mexico and asserted state sovereignty over the nation's subsoil rights. In 1992, Article 27 was amended to strengthen private property rights, allow the privatisation of ejidos, and end land redistribution. This amendment aimed to create a real estate market and enable the formation of larger, more productive agricultural enterprises. However, it was argued that this change economically disadvantaged women, as they made up a small proportion of ejidatarios. Additionally, in 2005, Article 27 was revised to guarantee the right to food in Mexico, stating that the state has an obligation to "guarantee the right to food" and ensure a sufficient supply of basic foods through sustainable development.
Article 123 was designed to empower the labour sector and played a significant role in expanding the Mexican state's power into the realms of economic and political nationalism, protection of workers' rights, and acknowledgment of peasants' rights to land.
From 1917 to 1979, the Mexican Constitution underwent 90 amendment decrees, while from 1980 to February 2016, it was amended 137 times, demonstrating an increasing trend in the frequency of amendments.
First Amendment: Our Right to Freedom of Expression
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Anticlerical amendments
The Mexican Constitution has been amended several times since its adoption in 1917. Anticlerical amendments have been a significant aspect of Mexico's constitutional history, reflecting the country's complex relationship with the Catholic Church.
The Mexican Revolution of 1910-1920 played a pivotal role in shaping the anticlerical nature of the 1917 Constitution. During this period, the collaboration of the Mexican High Clergy with the pro-US dictatorship of General Victoriano Huerta fuelled anti-clerical sentiments. As a result, the 1917 Constitution included provisions that restricted the Catholic Church's influence and established a secular society.
Article 130 of the 1917 Constitution, in particular, was a focal point of anticlerical amendments. This article addressed the relationship between Church and State, and its enforcement led to the Cristero War (1926-1929), also known as "La Cristiada." This armed conflict arose due to the strict enforcement of anti-clerical measures, pitting Catholic rebels ("Cristeros") against the anti-clerical Mexican government.
In 1934, Article 3 of the Constitution was amended to mandate socialist education, which included the removal of religious doctrine. This amendment reflected Mexico's political stance at the time and remained in effect until 1946.
From 1934 to 1946, the Mexican Constitution underwent a period of heightened anticlericalism. During this time, the government enforced anti-clerical laws and introduced additional anticlerical legislation. The specific amendments included outlawing religious orders and foreign-born priests, giving states the power to limit or expel priests from their territories, and prohibiting Catholic organizations from commenting on public policy.
In 1992, a significant shift occurred as the Mexican Constitution was amended to eliminate previous restrictions on religious organizations. This amendment granted legal status to these groups, limited property rights, provided voting rights to ministers, and allowed a greater number of priests to reside in Mexico.
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Amendments to Articles 14, 22, 4, and 27
The current Mexican constitution, formally the Political Constitution of the United Mexican States, was approved on February 5, 1917, and has been amended several times since. The country has had several constitutions in its history, with the first being the 1812 Constitution of Cadiz.
On November 8, 2005, the Mexican Senate adopted a final decree amending the constitution, which modified Articles 14 and 22, banning capital punishment within Mexican territory. Article 4 was also revised to guarantee the right to food in Mexico, with the state obligated to "guarantee the right [to food]... and to assure a sufficient supply of basic foods through integral and sustainable development." Article 27 was amended to align with these changes, with the revision stating that "sustainable and integral rural development (...) will also have among its objectives that the State guarantee sufficient and timely supply of basic foods as established by law."
Article 27 has been amended several times throughout Mexico's history. It initially laid the foundation for land reform in Mexico and asserted state sovereignty over the nation's subsoil rights. However, modifications to this article ended constitutional support for land reform and permitted the privatization and sale of ejidal land, contributing to worsening rural poverty and forced migration.
The high frequency of constitutional amendments in Mexico has sparked interest among scholars. Some have attributed it to the necessity to update outdated regulations, a piecemeal approach to reform, and political factions using reforms to establish credible commitments. Others have argued that the length of the Mexican constitution, which has nearly doubled in size due to amendments, accounts for the high frequency of changes.
Amending the Constitution: The Legislative Branch's Role
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The Constitution of 1857
However, the Constitution of 1857 faced opposition from conservatives, who refused to recognise it and established a separate conservative government in Mexico City. This led to the Reform War between the liberal government of Benito Juárez, which supported the Constitution of 1857, and the conservative government of Félix Zuloaga. The liberals ultimately won the Reform War, and President Juárez added the Reform Laws enacted in Veracruz to the Constitution of 1857.
In summary, the Constitution of 1857 played a pivotal role in Mexico's history, influencing subsequent constitutions and shaping the country's political and social landscape. However, it also faced significant opposition and challenges, leading to amendments and the eventual adoption of the Constitution of 1917.
Who Proposes Amendments to Iowa's Constitution?
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Frequently asked questions
Mexico has amended its constitution several times. From 2000 to 2013, there were 68 constitutional amendments.
Notable amendments include the 1934 amendment to Article 3, which mandated socialist education and the removal of religious doctrine. Another example is the 2005 amendment to Articles 14 and 22, banning the use of capital punishment.
There are several reasons for Mexico's frequent constitutional amendments. One factor is the need to update outdated regulations. Additionally, the piecemeal approach to reform has led to increased complexity and contradictions within the Constitution. Political factions also use reforms to establish credible commitments and address coordination challenges.
