Omar Bennett
The Mexican Constitution, formally the Political Constitution of the United Mexican States, was drafted in Santiago de Querétaro during the Mexican Revolution and approved on 5 February 1917. It is the successor to the Constitution of 1857 and earlier Mexican constitutions. The Mexican Constitution has been described as having a resounding spirit of liberty, with provisions that protect the rights of all individuals in Mexico and guarantee their freedom. With significant social reforms, it serves as a model for progressive constitutions worldwide, including the Weimar Constitution of 1919 and the Russian Soviet Federative Socialist Republic Constitution of 1918. This raises the question: Is the Mexican Constitution based on the US Constitution?
| Characteristics | Values |
|---|---|
| First Constitution | Modelled on the Spanish Constitution of 1812 |
| Current Constitution | Formal name: Political Constitution of the United Mexican States |
| First Constitution to set out social rights | |
| Approved in 1917 | |
| Amended several times | |
| Insists on separation of Church and State | |
| Provides for equality in treatment without discrimination on the basis of race, creed, social or political condition | |
| Provides right to a healthy environment | |
| Provides right to access, provision and drainage of water | |
| Provides right to food | |
| Prohibits capital punishment | |
| Prohibits enactment of ex post facto laws | |
| Allows citizen's arrest |
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What You'll Learn
The Mexican Constitution's historical context
The Mexican Constitution, formally the Political Constitution of the United Mexican States, was drafted in Santiago de Querétaro, in the State of Querétaro, Mexico, during the Mexican Revolution. It was approved by the Constituent Congress on 5 February 1917 and has been amended several times since. The Constitution of 1917 is considered the legal triumph of the Mexican Revolution, marking the culmination of the revolution and insisting on the complete separation of church and state.
The 1917 Constitution is the successor to the Constitution of 1857 and earlier Mexican constitutions. The first constitution of the Mexican republic was drafted after the demise of the short-lived monarchy of Agustin I, the first independent post-colonial state in Mexico after the Mexican War of Independence wrested control from Spain. This constitution was modelled on the Spanish Constitution of 1812.
The 1917 Constitution came with significant social reforms to labour laws and provided for equality in treatment without discrimination on the basis of race, creed, social or political condition, among other reforms. It is the first constitution in world history to set out social rights, serving as a model for the Weimar Constitution of 1919 and the Russian Soviet Federative Socialist Republic Constitution of 1918.
Articles 3, 27, and 123 displayed profound changes in Mexican political philosophy that would help frame the political and social backdrop for the rest of the century. Article 3 established the bases for mandatory and secular education, Article 27 led the foundation for land reform in Mexico and asserted state sovereignty over the nation's subsoil rights, and Article 123 was designed to empower the labour sector.
The Mexican Constitution has continued to undergo amendments to reflect the changing social and political landscape of the country. In 2005, for example, Articles 14 and 22 were amended to ban the use of capital punishment within Mexican territory, while Articles 4 and 27 were revised to guarantee the right to food in Mexico.
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Similarities between the two constitutions
The Mexican Constitution and the US Constitution share some similarities. Firstly, both documents guarantee certain fundamental rights and liberties for individuals. For example, the Mexican Constitution states that all individuals in Mexico have the rights outlined in the Constitution, which cannot be denied or suspended. Similarly, the US Constitution, through various amendments, guarantees certain inalienable rights for all citizens, such as freedom of speech, religion, and due process of law.
Secondly, both constitutions have undergone amendments to reflect changing societal needs. The Mexican Constitution, formally the Political Constitution of the United Mexican States, was approved in 1917 and has been amended several times since then to include cutting-edge social reforms. Similarly, the US Constitution has 27 amendments, with the most recent one being adopted in 1992. These amendments address a range of issues, including civil rights, due process, and the election process.
Thirdly, both constitutions address the role of the state in guaranteeing specific social and economic rights. The Mexican Constitution includes provisions for land reform, education, and workers' rights. Similarly, the US Constitution, through various amendments and interpretations, has been used to shape policies on education, labour rights, and economic regulations.
Fourthly, both constitutions emphasize the importance of separation of powers and checks and balances. The Mexican Constitution outlines the roles of different branches of government, including the executive, legislative, and judicial branches, with specific provisions for each. Similarly, the US Constitution establishes a system of checks and balances by dividing the government into three branches and vesting specific powers in each branch.
Lastly, both constitutions recognize the importance of federalism and the role of states within the larger federal system. The Mexican Constitution outlines the relationship between the federal government and the states, with specific provisions for state sovereignty and the recognition of indigenous communities and their rights. Similarly, the US Constitution establishes a federal system with a balance of power between the federal government and the states, and it recognizes the rights of states to govern themselves within the broader constitutional framework.
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Differences between the two constitutions
The Mexican Constitution, formally the Political Constitution of the United Mexican States, was drafted in 1917 during the Mexican Revolution. It is the successor to the Constitution of 1857 and earlier Mexican constitutions. The US Constitution, on the other hand, was adopted in 1789 and is the supreme law of the United States.
One of the most significant differences between the two constitutions is their historical context and the resulting philosophical differences. The Mexican Constitution was written in the aftermath of the Mexican Revolution, which deeply affected the drafters and influenced the document's progressive nature. It was a model for progressive constitutions worldwide, including the Weimar Constitution of 1919 and the Russian Soviet Federative Socialist Republic Constitution of 1918. The US Constitution, on the other hand, was written in the aftermath of the American War of Independence and reflects the political philosophy of the time, with subsequent amendments expanding on civil rights.
Another difference lies in their structure. The Mexican Constitution is divided into ten thematic titles, listing human rights, defining national citizenship, outlining associated rights, and specifying freedoms of foreigners. It contains essential articles, such as Article 3, which established free, obligatory, and secular public education, and Article 27, which mandated land reform. The US Constitution, on the other hand, is divided into seven articles, with various amendments, and outlines the structure and powers of the US government, as well as the rights and freedoms of its citizens.
The two constitutions also differ in their approach to certain rights and issues. For example, the Mexican Constitution explicitly prohibits the enactment of ex post facto (retroactive) laws, while due process under Mexican law differs from US law as Mexico is not a common-law country. The Mexican Constitution also has unique provisions regarding indigenous communities, guaranteeing their right to self-determination while ensuring national unity. Additionally, it addresses environmental rights, guaranteeing individuals' rights to a healthy environment and access to water.
Furthermore, the Mexican Constitution has specific restrictions on nuclear energy usage, stating that nuclear fuel can only be used for peaceful purposes, prohibiting the development of nuclear weapons. It also includes provisions regarding land ownership by foreigners, with restrictions on foreign nationals owning land within a certain distance of borders and coasts. These specific provisions are not present in the US Constitution.
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The US influence on Mexican social rights
The Mexican Constitution of 1917 is the first in world history to set out social rights, serving as a model for the Weimar Constitution of 1919 and the Russian Soviet Federative Socialist Republic Constitution of 1918. It is the successor to the Constitution of 1857 and earlier Mexican constitutions. The 1917 Constitution came with significant, cutting-edge social reforms, including the right of labor to organize, strike, and receive compensation for workplace accidents. It also provided for equality in treatment without discrimination on the basis of race, creed, social or political condition, and other reforms.
The Constitution of 1917 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 February 5, 1917, and has been amended several times since. The Constitution of 1917 is considered the legal triumph of the Mexican Revolution, insisting on a complete separation of church and state.
While the current Mexican Constitution was not directly based on the US Constitution, it is worth noting that the US played a role in the Mexican Revolution, which influenced the creation of the Mexican Constitution. The US involvement in the Mexican Revolution is a complex topic that extended beyond the scope of my search. However, it is safe to say that the US presence and actions during this period likely had some impact on the political and social landscape in Mexico, which may have indirectly influenced the development of the Mexican Constitution.
The Mexican Constitution has undergone several amendments to uphold and expand social rights. For example, in 2005, Articles 4 and 27 were revised to guarantee the right to food in Mexico. The revisions state that the "State has an obligation to guarantee the right [to food]... and to assure a sufficient supply of basic foods through integral and sustainable development." This amendment ensures that all individuals in Mexico have access to adequate food to maintain their well-being and physical, emotional, and intellectual development.
In summary, while the Mexican Constitution was not directly based on the US Constitution, the US influence on Mexican social rights may have been indirect through its involvement in the Mexican Revolution. The Mexican Constitution of 1917, with its groundbreaking social reforms, served as a model for other constitutions worldwide. It continues to be amended to uphold and expand social rights for Mexican citizens.
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The US influence on Mexican secularism
The Mexican Constitution of 1917 is the culmination of the Mexican Revolution and is still in force today, with some amendments. It was drafted in Santiago de Querétaro, in the State of Querétaro, Mexico, by a constituent convention and approved by the Constituent Congress on 5 February 1917.
The US Constitution influenced the Mexican Constitution, with both documents sharing a commitment to secularism and a separation of church and state. The Mexican Constitution of 1917 goes further than its US counterpart in this regard, with a more pronounced secular character. Article 3 of the Mexican Constitution insists on a complete separation of church and state, and Article 27 begins a series of provisions that are not in the best interests of the Church. For example, it prohibits any corporation, civil or ecclesiastical, from acquiring or administering real property, except for buildings used directly for the service or objective of the institution. This marked a deliberate movement towards secularism in Mexico, a significant shift from the previous constitution, which was modelled on the Spanish Constitution of 1812.
The Mexican Constitution's provisions on indigenous peoples also reflect a secular mindset. While the US Constitution does not explicitly address indigenous rights, the Mexican Constitution recognises the multicultural nature of the Mexican nation, based on its indigenous peoples, and guarantees their right to self-determination within the framework of the Constitution. This recognition of indigenous identity and rights represents a secular approach to national identity, moving away from religious or colonial justifications for nation-building.
In conclusion, the US Constitution's influence on Mexican secularism is evident in the shared commitment to a separation of church and state and the protection of religious freedom. However, the Mexican Constitution of 1917 goes beyond its US counterpart in actively restricting religious institutions and recognising indigenous rights, reflecting a more pronounced and deliberate embrace of secularism.
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Frequently asked questions
The Mexican Constitution, formally 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, and has been amended several times since.
The Mexican Constitution is known for its significant social reforms, including the following key principles:
- Equality and non-discrimination: The Constitution guarantees equality for all individuals regardless of race, creed, social or political condition, and forbids discrimination based on various factors, including ethnic origin, gender, age, health condition, and religious beliefs.
- Right to education: Article 3 establishes the basis for mandatory and secular education.
- Land reform: Article 27 led the foundation for land reform, asserting state sovereignty over the nation's subsoil rights.
- Labor rights: Article 123 empowers the labor sector, including the right to organize, strike, and receive compensation for workplace accidents.
- Secularism: The Constitution insists on a complete separation of church and state, with no official church established.
- Abolition of capital punishment: The Constitution bans the use of capital punishment within Mexican territory.
While both constitutions share a commitment to certain fundamental rights and liberties, there are also significant differences. Here are a few examples:
- Separation of Church and State: The Mexican Constitution has a stronger emphasis on the separation of church and state, with explicit provisions in Article 27 that limit the rights of ecclesiastical corporations.
- Social Rights: The Mexican Constitution is the first in world history to set out social rights, serving as a model for other constitutions.
- Extradition: Mexico disallows international treaties for extradition when the person to be extradited is politically persecuted or accused while having the condition of a slave, which may differ from US extradition policies.
- Due Process: Due process under Mexican law differs from US law as Mexico is not a common-law country.
The Mexican Constitution has undergone several amendments since its inception. For example:
- In 2005, Articles 14 and 22 were amended to ban capital punishment within Mexico.
- Articles 4 and 27 were revised to guarantee the right to food, with the state ensuring a sufficient supply of basic foods.
- The Constitution has evolved towards secularism, with a deliberate movement away from the influence of the Catholic Church.
