Omar Bennett
Mexico's Constitution, formally the Political Constitution of the United Mexican States, has been amended several times since its approval by the Constituent Congress on 5 February 1917. The process of amending the Mexican Constitution has been a frequent occurrence, with 68 constitutional amendments from 2000 to 2013. The country is currently on the verge of changing its Constitution again, with legislators from the lower house approving various measures. This has sparked controversy, with some arguing that it will end corruption, while others believe it will jeopardize judicial independence. The amendment process in Mexico has been a topic of academic interest, with researchers seeking to understand the interplay between political institutions, the preferences of political actors, and amendment provisions.
| Characteristics | Values |
|---|---|
| Frequency of Amendments | High |
| Formal Rigidity | Rigid |
| Amendment Procedure | Requires a two-thirds majority in both chambers of Congress, followed by a simple majority of state legislatures (at least 17 of 32 states). |
| Political Dynamics | Political game superseding institutions, minimal respect for the constitution, low stakes of amendment, dominant-party system. |
| Historical Overview | The 1812 Constitution of Cadiz established a complicated amendment procedure. |
| Causes of Amendments | Length and inconsistencies of the constitution, belief that amendments solve real-life problems. |
| Contents | Placement of constitutional provisions, such as human rights institutes, and dogmatic parts regulating rights and organisms. |
| Terminology | Terminology mistakes were present before the amendment of January 2016. |
| Judicial Reforms | Proposal to elect local and federal judges through popular vote, potentially affecting the US-Mexico relationship. |
| Prohibitions on Court Challenges | Courts prohibited from challenging Constitutional reforms, granting immunity to amendments passed by two-thirds majorities. |
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What You'll Learn
The process of amending Mexico's constitution
Mexico's constitution, formally the Political Constitution of the United Mexican States, has been amended several times since its approval by the Constituent Congress on 5 February 1917. The constitution establishes a rigorous process for approving amendments, which requires broad support and a two-thirds majority in both chambers of Congress.
Firstly, at least 20 deputies are required to propose an amendment. The text must then be read three times over six days, allowing time to consider the proposal's merits and decide whether to open a formal discussion. If the amendment is approved by at least a two-thirds majority, it can be further discussed by the next legislature.
Following this, the draft bill needs to be approved by a simple majority of state legislatures—at least 17 out of 32 states. This two-step process ensures that amendments have sufficient support, providing stability and continuity in Mexico's political and legal landscape.
The frequency of amendments to Mexico's constitution has been a topic of discussion, with some scholars arguing that it is a result of a "national culture" that exhibits minimal respect for the constitution. Others attribute the high amendment rate to political dynamics superseding institutions, with the dominant party system enabling flexibility in the amendment procedure.
In recent years, there have been concerns about the impact of constitutional reforms on Mexico's democracy and the US-Mexico bilateral relationship. For example, in 2024, President Andrés Manuel López Obrador (AMLO) presented 20 reforms, including 18 constitutional amendments, some of which sought to elect judges through popular vote and consolidate the National Guard under the Ministry of Defense. These reforms have raised questions about the rule of law in Mexico and potential implications for foreign investment and judicial certainty.
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The history of amendments to Mexico's constitution
Mexico's current constitution, the Political Constitution of the United Mexican States, was approved on 5 February 1917. It is the successor to the Constitution of 1857 and earlier constitutions. The 1917 Constitution has been amended several times.
The Constitution of 1857 had strong anticlerical articles, but under Díaz, the Catholic Church regained its economic power as he did not enforce the constitutional provisions. The anticlerical articles of the 1917 Constitution were enforced when Plutarco Elías Calles became president in 1924, sparking the Cristero War. In 1926, the constitution was amended to allow presidential re-elections, as long as the president did not serve consecutive terms.
In the 1990s, President Carlos Salinas de Gortari called for amending the Constitution as Mexico sought to join the North American Free Trade Agreement with the U.S. and Canada. Anticlerical articles were amended, and Article 27 was amended to empower the state over natural resources.
From 1934 to 1946, an amendment mandating socialist education was in effect. Article 3 mandated socialist education, which "in addition to removing all religious doctrine" was to "combat fanaticism and prejudices" and "build [ing] in the youth a rational and exact concept of the universe and of social life".
In 1966, the constitution was amended to allow the Permanent Committee to perform certain functions in state vote counting. In 2016, Article 135 was amended to expressly include "Mexico City" in the amendment procedure.
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The political dynamics behind constitutional amendments
Mexico's current constitution, the Political Constitution of the United Mexican States, was approved by the Constituent Congress on 5 February 1917. Despite its formal rigidity, the Mexican constitution has been amended several times. In fact, between 2000 and 2013 alone, there were 68 constitutional amendments.
The high frequency of amendments has been attributed to various factors, including political dynamics and institutional thresholds. For instance, in the past, when a single party, such as the PRI, held a qualified majority, the constitution could be modified at will. On the other hand, when no single party holds a majority, and they cannot agree, the constitution remains unchanged, even if it only requires a simple majority for amendments.
Some researchers attribute the frequency of amendments to the political game superseding the institutions. For example, in 1994, President Carlos Salinas de Gortari called for amending the constitution as part of his plan to modernize Mexico. However, this required overcoming opposition from both the Left and the Catholic Church. Similarly, in 2024, Mexico's governing party lawmakers pressed on with constitutional reform initiatives despite protests and injunctions, claiming that these were an infringement of their constitutional rights.
The content of constitutional amendments can also be influenced by international agreements and the country's national culture. For instance, amendments in the 1990s were motivated by Mexico's desire to join the North American Free Trade Agreement with the U.S. Additionally, some researchers argue that Mexico's national culture exhibits minimal respect for the constitution, leading to a lower cultural resistance to amending it.
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The impact of amendments on Mexico's democracy
Mexico's current constitution, the Constitution of 1917, is the successor to the Constitution of 1857 and earlier constitutions. It was drafted during the Mexican Revolution and approved by the Constituent Congress on 5 February 1917. The Constitution of 1917 has been amended several times, with the most recent amendment being made in January 2016.
The ease with which Mexico's constitution can be amended has had a significant impact on the country's democracy. On the one hand, the ability to amend the constitution has allowed for progressive reforms that have expanded political participation and reduced the influence of the presidency. For example, in 1994, COFIPE was amended to increase the weight of citizen councilors, and in 1996, it was reformed to create the Federal Electoral Court. Additionally, amendments to Articles 3, 27, and 123, which were adopted in response to the armed insurrection of the popular classes during the Mexican Revolution, have had important social impacts. Article 3 established the basis for mandatory and secular education, Article 27 laid the foundation for land reform and asserted state sovereignty over natural resources, and Article 123 empowered the labour sector and protected workers' rights.
On the other hand, the frequent amendments to Mexico's constitution have also been used to consolidate power and undermine democratic institutions. For example, in 1926, the constitution was amended to allow for presidential re-elections, which enabled Díaz to extend his rule through multiple re-elections. More recently, in 2022, President Andrés Manuel López Obrador (AMLO) proposed a constitutional amendment to gut Mexico's National Electoral Institute (INE), an independent body that oversees elections. AMLO has also proposed judicial reforms that would elect local and federal judges through popular vote, potentially exposing them to influence from organised crime groups. These actions have been characterised as a ""democratic disaster" and an attack on the rule of law, endangering the future of justice and democracy in Mexico.
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The effect of amendments on US-Mexico relations
The Mexican Constitution, formally known as the Political Constitution of the United Mexican States, has been amended several times since its approval by the Constituent Congress on February 5, 1917. While the constitution is formally rigid, it has been amended frequently. These amendments have had varying effects on US-Mexico relations, ranging from diplomatic tensions to improved cooperation.
One notable instance where amendments to the Mexican Constitution influenced US-Mexico relations was during the Cristero War in the late 1920s. The Cristero War was a period of fierce regional violence stemming from escalating church-state tensions. The anticlerical articles of the 1917 Constitution, which prohibited any worship outside of church buildings, clashed with Pope John Paul II's outdoor Masses during his visits to Mexico in 1980 and 1990. While the Mexican government turned a blind eye during these visits, tensions remained high. The war ended in 1929, with US Ambassador to Mexico Dwight Morrow mediating between the Mexican government and the Roman Catholic Church. However, the constitutional amendments that followed in the 1930s further mandated socialist education and combated religious doctrine, indicating continued church-state tensions.
In the 1990s, President Carlos Salinas de Gortari proposed amending the Constitution as Mexico sought to join the North American Free Trade Agreement (NAFTA) with the US and Canada. Anticlerical articles were amended, and Article 27, which empowered the state over natural resources, was also modified. These changes signaled a shift in Mexico's relations with the US and Canada, indicating a willingness to adapt to economic agreements and improve trade relations.
Additionally, amendments to the Mexican Constitution have had indirect effects on US-Mexico relations by influencing domestic policies. For example, the 1926 amendment allowing presidential re-elections, as long as they were not consecutive, enabled former president Álvaro Obregón to run and win the 1928 election. However, he was assassinated before taking office, creating political instability that may have had ripple effects on international relations.
Another example of domestic policy changes influencing external relations occurred when President Salinas de Gortari announced a program to "modernize" Mexico through structural transformation. This included normalizing diplomatic relations with the Vatican, which created pressure on the Mexican government to address church-state tensions and potentially amend the Constitution further.
Overall, the amendments to the Mexican Constitution have had both direct and indirect effects on US-Mexico relations. While some amendments, such as those related to trade agreements, have improved cooperation, others have contributed to diplomatic tensions and influenced domestic policies with international implications.
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Frequently asked questions
The Mexican Constitution establishes a rigorous process for approving constitutional amendments, requiring the support of a two-thirds qualified majority in both chambers of Congress. Subsequently, the draft bill needs to be approved by a simple majority of state legislatures (at least 17 of the 32 states).
The Mexican Constitution is frequently amended. The current Constitution of 1917, which succeeded the Constitution of 1857, has been amended several times.
The first Constitution in force in Mexico, the 1812 Constitution of Cadiz, established a complicated amendment procedure. Over time, the process has become more flexible, with dominant parties such as the PRI exerting influence and accelerating the rhythm of constitutional amendments.
In 2024, President Andrés Manuel López Obrador (AMLO) presented 20 reforms, including 18 constitutional amendments. One notable amendment was the prohibition of courts from challenging any Constitutional reforms, which critics argued weakened the separation of powers.
