Simone Lawson
The Constitution of the United States is the supreme law of the United States of America. It was adopted on March 4, 1789, and consists of a preamble, seven original articles, and 27 amendments. While the original text was written in English, it has since been translated into other languages, including Spanish. The Spanish translation, titled Constitución de los Estados Unidos de América, includes Amendments 1 through 25, with Amendments 26 and 27 translated separately. Additionally, California's first constitution, approved in 1849, was published in both English and Spanish.
| Characteristics | Values |
|---|---|
| Is there a Spanish version of the US Constitution? | Yes, the US Constitution has been translated into Spanish. |
| Date of translation | The Spanish version of the US Constitution was translated in 1968. |
| Date of publication | The Spanish version was published in 1993. |
| Location of publication | Library of Congress, Washington, D.C., U.S.A. |
| Translation credits | Amendments 1-25 were translated by Constitución de los Estados Unidos de América. Amendment 26 was translated by Armando E. González. Amendment 27 was translated by José Torres. |
| Is there a Spanish Constitution? | Yes, the Spanish Constitution (Spanish: Constitución Española) is the supreme law of the Kingdom of Spain. |
| Date enacted | The current version of the Spanish Constitution was approved in 1978. |
| Date of effectiveness | The Spanish Constitution became effective on 29 December 1978. |
| Date of referendum | The Spanish Constitution was approved by the Spanish people in a referendum on 6 December 1978. |
| Basis of the Spanish Constitution | The Spanish Constitution was drafted based on negotiations and agreements between different political parties represented in parliament. |
| Description of the Spanish flag in the Constitution | The current version of the Spanish flag is regulated in the Spanish Constitution of 1978 and in Law 39/1981 of 28 October. |
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What You'll Learn
The US Constitution has been translated into Spanish
The US Constitution is the supreme law of the United States of America. It was first enacted on March 4, 1789, superseding the Articles of Confederation, the nation's first constitution. The Constitution delineates the framework of the federal government, dividing it into three branches: the legislative, consisting of the bicameral Congress; the executive, consisting of the President and subordinate officers; and the judicial, consisting of the Supreme Court and other federal courts.
The Spanish Constitution, on the other hand, is the supreme law of the Kingdom of Spain. It was enacted in 1978 after being approved in a constitutional referendum. The current version was drafted through negotiations and agreements between different political parties represented in parliament. It serves as the foundation for Spain's political and legal systems, outlining fundamental rights, public freedoms, and the principles guiding public authorities.
The availability of the US Constitution in Spanish is significant for a few reasons. Firstly, it ensures that Spanish-speaking US residents can directly access and understand the nation's foundational document. This accessibility promotes legal literacy and empowers individuals to know their rights and the framework of their government. Secondly, the translation reflects a recognition of the Spanish language's importance and influence in the United States. By translating essential documents into Spanish, the government acknowledges the language's prevalence and the need to cater to a diverse audience.
Additionally, the Spanish translation of the US Constitution can facilitate international relations and understanding. It enables Spanish-speaking audiences worldwide to learn about the US political system, fostering greater knowledge and potentially strengthening diplomatic ties. The translation also showcases the US commitment to inclusivity and accessibility, ensuring that vital information is available to a broader global audience.
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California's first constitution was published in Spanish
California's first constitution was published in 1849, following the American Conquest of California and the Mexican-American War, and in advance of California's Admission to the Union in 1850. It was drafted in both English and Spanish by American pioneers, European settlers, and Californios (Hispanics of California). The constitution was amended and ratified on 7 May 1879, following the Sacramento Convention of 1878-79, and has been revised and amended numerous times since.
The original 1849 constitution was signed by several prominent Californios (California-born, Spanish-speaking residents). The constitution is among the longest in the world, predominantly due to additions by California ballot propositions, which allow for amendments by a simple majority vote in a referendum. Since its enactment, the California constitution has been amended an average of five times per year.
The constitution has been criticised for being too long and filled with irrelevant detail and incoherent policies. This has been attributed to the lax procedures for amending the document, which have allowed conflicting majorities to impose their will via the ballot process. By 1962, the constitution had grown to 75,000 words, which at the time was longer than any other state constitution except Louisiana's.
Despite its length, California's constitution has been interpreted as protecting broader rights than the Bill of Rights in the federal constitution. For example, the Pruneyard Shopping Center v. Robins case found an implied right to free speech in private shopping centres, and in 1972, California v. Anderson established that the death penalty is unconstitutional under the state constitution, as it prohibits punishments that are "cruel or unusual", whereas the Eighth Amendment to the US Constitution only prohibits "cruel and unusual" punishments.
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The Spanish Constitution was approved in 1978
The Spanish Constitution, or the Constitución Española, was approved in 1978, three years after the death of dictator Francisco Franco. It was enacted after its approval in a constitutional referendum and represented the culmination of Spain's transition to democracy.
The 1978 Constitution was the first in Spain's history that was not imposed by a single party but was instead a negotiated compromise among all the major parties. It was sanctioned by King Juan Carlos I on 27 December 1978 and published in the government gazette, the Boletín Oficial del Estado, on 29 December, the date it became effective.
The constitution was drafted, debated, and approved by the constituent assembly (Cortes Constituyentes) that emerged from the 1977 general election. It then repealed all the Fundamental Laws of the Realm (the constitution of the Francoist regime) and other major historical laws that contradicted the new constitution. The 1978 Constitution takes cues from older Spanish constitutions and other contemporary European constitutions. For example, it includes the provision for a constructive vote of no confidence, inspired by German Basic Law.
The Spanish Constitution is divided into ten parts (Títulos), with an additional introduction (Título Preliminar), a preamble, several additional and interim provisions, a series of repeals, and a final provision. The writer and Senator by Royal appointment, Camilo José Cela, polished the draft Constitution's wording. However, as much of the consensus depended on keeping the wording ambiguous, few of Cela's proposed rewordings were approved. One accepted change was the substitution of the archaic "gualda" ("weld-colored") for the plain "amarillo" (yellow) in the description of the Spanish flag.
The Spanish Constitution establishes Spain as a Parliamentary Monarchy and recognises the indissoluble unity of the Spanish Nation, guaranteeing the right to self-governance of the nationalities and regions of which it is composed. Castilian is established as the official language, with all Spaniards having the duty to know it and the right to use it. The other Spanish languages are also official in their respective Self-governing Communities.
The Spanish Constitution has been revised three times since 1978, with amendments in 1992, 2011, and 2024.
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The Spanish Constitution is the core of Spain's legal system
The Spanish Constitution (Spanish: Constitución Española) is the supreme law of the Kingdom of Spain. It was approved in 1978 in a constitutional referendum, marking the country's transition to democracy after the death of dictator Francisco Franco. The Spanish Constitution is unique in that it was "the first which was not imposed by a party but represented a negotiated compromise among all the major parties".
The Constitution is organized into ten parts (Títulos) and includes an introduction (Título Preliminar), a preamble, additional and interim provisions, repeals, and a final provision. Part I refers to fundamental rights and duties, which are given special treatment and protection under Spanish law. Article 1 defines Spain as a "social and democratic state, subject to the rule of law", with liberty, justice, equality, and political pluralism as its highest values. It also establishes that national sovereignty belongs to the Spanish people, from whom the powers of the state emanate.
Part II of the Constitution deals with the regulation of the monarchy, referred to as The Crown (La Corona). It establishes the monarch as the head of state and the highest-ranked representative of Spain in international relations. The monarch's role is that of a "moderator", ensuring the regular functioning of the institutions. The King's official title is "King of Spain" (Rey de España), and he enjoys immunity from legal prosecution.
The Constitution also addresses the territorial organization of the State in Part VIII, establishing a unitary state with a de facto federal model due to the delegation and transfer of powers to the Autonomous Communities. Part IX refers to the Constitutional Court, which ensures the constitutionality of laws and protects the fundamental rights outlined in Part I.
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The Spanish Constitution regulates the use of the Spanish flag
The Spanish Constitution, enacted in 1978, is the supreme law of the Kingdom of Spain. It was approved by the Spanish people in a referendum on 6 December 1978 and came into force on 29 December of the same year. The Constitution is the core of Spain's political and legal systems, providing the basis for fundamental rights, public freedoms, and the institutional framework of the country.
Article 42, section 12 of the Spanish Constitution of 1978, defines the Spanish flag:
> "The Flag of Spain is formed by three horizontal stripes, red, yellow and red, the yellow being double the width of each of the red ones."
Additionally, Article 4.1 of the Constitution describes the flag as follows:
> "The Spanish flag is made up of three horizontal stripes, red, yellow and red, the yellow stripe being twice as wide as each of the red stripes."
The current design of the Spanish flag, also known as the "Spanish fess," consists of three horizontal stripes of red, yellow, and red, with the yellow stripe being twice the width of the red stripes. This unique triband design dates back to the reign of Charles III (1759-1788) and has undergone several variations before being regulated in the Spanish Constitution of 1978.
The use of the Spanish flag is further regulated by Law 39/1981, which governs the use of the flag and other flags and ensigns. Royal Decree 441/1981 establishes the detailed technical specifications of the colours, defining them as Pantone shades 7628 C (red) and 7406 C (yellow). Royal Decree 1511/1977, also known as the Flags and Standards, Crosses, Ensigns, and Badges Regulation, provides additional guidelines for the use of flags, including the requirement that the flag must be flown horizontally and only during daylight hours, unless properly lit at night or in poor light conditions. The decree also specifies that the flag must be in good condition and cannot be soiled or damaged.
The Spanish Constitution and its accompanying laws ensure the proper use and respect for the Spanish flag, which serves as a symbol of national unity and identity.
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Frequently asked questions
Yes, there is a Spanish translation of the US Constitution. The original English version of the US Constitution was inscribed by Jacob Shallus on parchment in 1789.
The Spanish translation of the US Constitution can be found at the Library of Congress.
The amendment process involves two steps. First, a proposal for an amendment must be adopted by two-thirds of both houses of Congress or through a national convention requested by two-thirds of state legislatures. Second, the proposed amendment must be ratified by three-fourths of the states (38 out of 50).
