Eleanor Finch
The current Mexican Constitution, formally the Political Constitution of the United Mexican States, 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 5 February 1917 and is also known as the Constitution of 1917. The Constitution of 1917 is considered the legal triumph of the Mexican Revolution and is the successor to the Constitution of 1857. It is divided into Titles, which are a series of articles related to the same overall theme.
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What You'll Learn
The Constitution of 1917
Some of the most important provisions are Articles 3, 27, and 123. Article 3 established the basis for free, mandatory, and secular education, secularizing the Mexican state and removing clerical supervision. Article 27 laid the foundation for land reform in Mexico, mandating that lands taken from the peasantry during the Porfiriato be returned, even without written titles. It also allowed the government to take land not used "appropriately" and repurpose it for the public good. Additionally, it forbade foreigners from owning land within 100 km of a national border or 50 km of the sea. Article 123 empowered the labour sector, establishing an 8-hour workday, a 6-day workweek, a minimum wage, equal pay for equal work, and the right to organize, bargain collectively, and strike.
Other notable articles include Article 1, which guarantees that every person in the United Mexican States shall enjoy the rights granted by the Constitution. Article 2 forbids slavery, stating that slaves entering Mexico from abroad shall be freed and protected by the laws. Article 5 restricts the Roman Catholic Church in Mexico. Article 15 prohibits the extradition of political prisoners or common criminals who were slaves where the crime was committed. Article 16 protects individuals from disturbance in their person, family, domicile, papers, or possessions without a written order from a competent authority. Article 18 outlines the procedure for the resignation of the President of the Republic, which can only be done for grave cause. Article 21 addresses local laws and family patrimony, declaring that certain contracts and concessions made by former governments that resulted in monopolization are subject to revision. Article 28 prohibits monopolies, tax exemptions, and prohibitions under the guise of industry protection.
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The Constitution's impact on slavery
The current Mexican constitution, formally the Political Constitution of the United Mexican States, was drafted in Santiago de Querétaro 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 notable for its progressive provisions, serving as a model for other constitutions around the world, including the Weimar Constitution of 1919 and the Russian Soviet Federative Socialist Republic Constitution of 1918. It is the first such document in the world to set out social rights.
The Constitution of 1917 further solidified Mexico's stance against slavery and strengthened the anti-slavery framework established by its predecessor. Article 1 of the Constitution forbids slavery and declares that all individuals entering Mexico shall be free. This article also guarantees human rights and ensures that these rights cannot be restricted or suspended, except in cases specified by the Constitution itself. All authorities are obliged to promote, respect, protect, and guarantee these human rights, and the State must prevent, investigate, penalize, and rectify any violations.
In addition to Article 1, other provisions in the Constitution indirectly impact slavery and promote human rights. For example, Article 3 establishes free, obligatory, and secular public education, free from clerical supervision, secularizing the Mexican state. This provision ensures that all citizens have equal access to education, regardless of their social or economic background. Article 27, which mandated land reform, and Article 123, which empowered the labor sector and established labor rights, also contributed to creating a more equitable society, making it more difficult for slavery to persist.
Furthermore, Mexico has also implemented additional legislation to combat modern forms of slavery and human trafficking. The 2012 Law on the Prevention, Punishment, and Eradication of Offenses in the Field of Trafficking of Persons criminalizes holding a person in a situation of slavery, debt bondage, and serfdom. This legislation also addresses marriage trafficking and exploitation, including the sale of brides and forced marriage. These laws demonstrate Mexico's continued commitment to eradicating slavery and protecting the human rights of all individuals, building upon the foundation established by the Constitution of 1917.
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The Constitution's impact on the Catholic Church
The Constitution of Mexico, formally the Political Constitution of the United Mexican States, was drafted in Santiago de Querétaro during the Mexican Revolution and approved by the Constituent Congress on 5 February 1917. It is the successor to the Constitution of 1857 and earlier Mexican constitutions. The 1917 Constitution has been amended several times, including significant revisions in 1992.
The 1917 Constitution included several articles that restricted the Roman Catholic Church in Mexico. These restrictions were a reaction to the privileged position that the Catholic Church had enjoyed in Mexico for many centuries. The Constitution included measures such as requiring priests to register with the government, prohibiting them from wearing religious attire in public, and prohibiting the Church from owning property. It also outlawed religious teaching by the Church and put Church property at the disposal of the Mexican Government. In addition, Catholic priests were deprived of the right to vote or hold office, and public worship outside church property was forbidden. These anti-clerical and anti-religious articles of the Constitution were not immediately implemented or enforced, but the relationship between President Álvaro Obregón (1920-1924) and the Catholic Church was strained.
When Plutarco Elías Calles became President of Mexico in 1924, he took a strongly anti-Catholic stance and attempted to enforce the anti-clerical articles of the Constitution. This led to a violent conflict known as the Cristero War (1926-1929), which resulted in thousands of deaths. The Catholic rebels, known as the Cristeros, included priests and Catholic activists who were executed for their opposition to the government's anti-clerical policies.
In 1992, under the administration of President Carlos Salinas de Gortari, the Mexican Constitution was amended to remove most of the anti-clerical provisions. These revisions included modifying Article 27 to strengthen private property rights and end land redistribution, as well as repealing the articles that restricted the Roman Catholic Church. Despite these changes, the anti-clerical articles of the Constitution had a lasting impact on the relationship between the Mexican government and the Catholic Church.
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The Constitution's impact on labour
The current Constitution of Mexico, formally the Political Constitution of the United Mexican States, was drafted in Santiago de Querétaro 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 significant as it is the first such document in the world to outline social rights, including labour rights. Article 123 of the Constitution was designed to empower the labour sector, which had emerged as a key supporter of the winning faction of the Mexican Revolution. This article established an 8-hour workday, a 6-day workweek, a minimum wage, and equal pay for equal work. It also gave both labour and capital the right to organise, allowing workers to bargain collectively and strike.
The Constitution of 1917 built upon the framework set by the Constitution of 1857, strengthening its anticlerical stance and empowering the state to expropriate private property. The 1917 Constitution also served as a model for progressive constitutions around the world, including the Weimar Constitution of 1919 and the Russian Soviet Federative Socialist Republic Constitution of 1918.
The Mexican labour regulation model has undergone various stages of development since its institutionalisation between 1917 and 1931, stabilising under the post-revolutionary political system of the 1940s. The first stage, from the 1930s to the mid-1970s, saw salaried workers benefit from an economic model driven by the internal market. The second stage witnessed a weakening of labour protections due to successive economic crises and a shift towards an export-based growth model. The latest stage commenced with the reform of Article 123 of the Constitution on 24 February 2017, followed by the enactment of the 2019 Federal Labour Law. These recent developments are linked to renewed trade negotiations with the United States and the Trans-Pacific Strategic Economic Partnership Agreement (TPP).
The Mexican Constitution continues to play a crucial role in shaping labour relations in the country. It prioritises the employee's right to work and earn a livelihood, impacting the enforceability of restrictive covenants. The Constitution, along with the Federal Labour Law, provides the framework for labour relations, protecting workers' rights to organise, bargain collectively, and strike. It also ensures protection against discrimination and retaliation, fostering a work environment free from discriminatory practices and unfair treatment.
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The Constitution's impact on land reform
The Constitution of Mexico, formally the Political Constitution of the United Mexican States, was drafted in Santiago de Querétaro during the Mexican Revolution and approved by the Constituent Congress on 5 February 1917. It is commonly referred to as the Constitution of 1917 and is the successor to the Constitution of 1857.
The Constitution of 1917 is significant for its focus on social rights, serving as a model for other constitutions, including the Weimar Constitution of 1919 and the Russian Soviet Federative Socialist Republic Constitution of 1918. One of its most important provisions is Article 27, which laid the foundation for land reform in Mexico. This article mandated that lands taken from the peasantry during the Porfiriato had to be returned, even without written titles. It also gave the government the power to expropriate land not used "appropriately" and repurpose it for the public good. Additionally, Article 27 prohibited foreigners from owning land within 100 km of a national border or 50 km of the sea.
The inclusion of Article 27 in the Constitution of 1917 was influenced by the work of Andrés Molina Enríquez, who is considered the intellectual father of this provision. Molina Enríquez's 1909 book, "Los Grandes Problemas Nacionales" (The Great National Problems), offered a critical analysis of Mexico's unequal land tenure system and presented a vision of land reform. His work, combined with peasant mobilization against landed elites during the revolution, paved the way for the constitutional recognition of land reform.
The impact of the Constitution on land reform was significant. It led to the creation of the ejido system, which allowed for communal land use. While the initial implementation of agrarian reform was slow, with few hectares distributed in the first five years, the Constitution provided a legal framework for land redistribution. It empowered peasants and addressed the issues of land concentration and unequal land tenure.
However, it is important to note that land reform in Mexico faced challenges and resistance. Amendments to Article 27 in 1992, under the administration of Carlos Salinas de Gortari, strengthened private property rights and allowed for the privatisation of ejidos, marking a shift from the ideals of the 1917 Constitution. Nonetheless, the Constitution of 1917 remains a pivotal document in Mexico's history, shaping the country's political and social landscape, including its approach to land reform.
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Frequently asked questions
The current Mexican constitution is formally known as the Political Constitution of the United Mexican States (Spanish: Constitución Política de los Estados Unidos Mexicanos).
The Mexican Constitution of 1917 is the first such document in the world to set out social rights. It has 137 articles, and some of the most important provisions are Articles 3, 27, and 123. Article 3 established free, obligatory, and secular public education, free from clerical supervision, and secularized the Mexican state. Article 27 mandated the return of lands taken from the peasantry during the Porfiriato, even if they did not have written titles. It also allowed the government to take all land not used "appropriately" and repurpose it for the public good. Article 123 established an 8-hour workday, a 6-day workweek, a minimum wage, and equal pay for equal work.
The Mexican Constitution was ratified on February 5, 1917, and is still in force today. It was drafted in Santiago de Querétaro, in the State of Querétaro, Mexico, by a constituent convention during the Mexican Revolution.
