Isabella Carter
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 ratification process for the Mexican Constitution involved a congress specifically convened by Carranza to revise the liberal constitution of 1857, which resulted in a new document being created. The congress formally opened in November 1916, with the final draft approved on 5 February 1917. The ratification process for the Mexican Constitution was part of a broader effort to legitimize the Mexican Revolution and establish a new legal framework for the country.
| Characteristics | Values |
|---|---|
| Constitution Name | Political Constitution of the United Mexican States |
| Year of Ratification | 1917 |
| Date of Ratification | 5 February 1917 |
| Location of Drafting | Santiago de Querétaro, State of Querétaro, Mexico |
| Number of Articles | 137 |
| Amendments | Several |
| First Amendment | 1966 |
| Article Establishing Free, Mandatory, and Secular Education | Article 3 |
| Article Laying the Foundation for Land Reform in Mexico | Article 27 |
| Article Designed to Empower the Labor Sector | Article 123 |
| Human Rights | Entitled to all individuals |
| Indigenous Peoples | Recognized and protected |
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What You'll Learn
The Mexican Constitution's ratification process
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 has been amended several times since.
The process of drafting the 1917 Constitution began in November 1916, when President Carranza convened a congress specifically to revise the liberal constitution of 1857. However, the outcome was a new document, rather than a set of amendments. The congress was held in Querétaro, rather than the capital, because it was the site of the execution of Emperor Maximilian of Mexico, which brought the Second French Intervention to an end in 1867. It was also considered a quiet, peaceful place for such an important meeting.
The congress was attended by Mexico's new political class, mostly middle-class reformers. Half of the attendees had university degrees, and only 30% had fought in the Revolution. They were young, ambitious, and relatively apolitical. The final draft of the Constitution was approved on 5 February 1917, just a few months after the congress first opened.
The 1917 Constitution has been amended numerous times. The first amendment came in 1966, which allowed 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. The constitution has also been amended to modify the tenure of council members and the process of their appointment.
The Mexican Constitution outlines specific procedures for the presentation of proposals by the Chamber itself. The law will determine the measures of constraint that may be imposed by the guarantor body to ensure compliance with its decisions.
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Amendments to the constitution
The current 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.
Despite being formally rigid, the Mexican Constitution is frequently amended. There is no single cause for the constant amendments, but they obey a complex structural framework, which includes the hegemony of a political party, a political conception of the Constitution, and the regulatory nature of its provisions. The constant amendments have been criticised for damaging the constitutional system by preventing the consolidation of political institutions and producing an incoherent and overwhelmingly detailed regulatory text.
The first amendment took place in 1966, allowing the Permanent Committee to perform certain functions in state vote counting. Previously, only the Congress could count votes, so the promulgation of constitutional amendments was at a standstill during Congress recesses. The original text of the 1917 Constitution established only one period of ordinary sessions from the 1st of September to the 31st of December, which may have motivated the amendment to speed up the process.
In 2016, Article 135 was amended to expressly include "Mexico City" in the amendment procedure. Originally, Mexico City was considered a Federal District, so the capital and federal branches of power were consequently excluded from the amendment procedure, as amendments were voted on by the "majority of the states".
Other notable amendments include those made in 1992 under the administration of Carlos Salinas de Gortari, which significantly revised the constitution. Article 27 was modified to strengthen private property rights, allow the privatisation of ejidos, and end land redistribution. Articles restricting the Roman Catholic Church in Mexico were also largely repealed.
The Mexican Constitution also sets out the National Council for the Evaluation of Social Development Policy, which is composed of a President and six Councillors appointed by two-thirds of the present members of the Chamber of Deputies. The Councillors must have at least ten years of experience in the social development sector and must not be affiliated with any political party or have been a candidate for public office through the electoral process. Every four years, the two Councillors with higher seniority shall be substituted unless they were nominated and appointed for a second term in office.
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Human rights and civil rights
The current Mexican Constitution, formally the Political Constitution of the United Mexican States, was drafted in 1917 during the Mexican Revolution. It was approved by the Constituent Congress on 5 February 1917 and has been amended several times since. The Constitution is divided into "Titles", which are a series of articles related to the same theme.
The Constitution guarantees human rights to all individuals in the United Mexican States, as well as the international treaties signed by the Mexican State. These rights include freedom from slavery, the right to life, the abolishment of the death penalty, and the right to education. The Constitution also provides for the separation of Church and State, with Article 3 establishing the basis for free, mandatory, and secular education.
The Constitution protects civil rights such as the right to due process, freedom from extradition if it violates one's civil rights, and the right to a speedy trial. It also allows for citizen's arrest but prohibits vigilante justice.
The Constitution also recognises the multicultural nature of Mexican society, based on its indigenous peoples. It guarantees the right to self-determination for indigenous communities, provided it is subjected to the Constitution to guarantee national unity.
In terms of political rights, the Constitution states that sovereignty resides in the people, who have the inalienable right to alter or modify their form of government. However, women did not achieve the right to vote until 1953, as it was believed that they were under the influence of the Catholic Church, and granting them the vote would give power to the Church.
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Indigenous peoples' rights
The current Mexican Constitution, formally the Political Constitution of the United Mexican States, was drafted in 1917 during the Mexican Revolution. It was approved by the Constituent Congress on 5 February 1917 and has been amended several times since.
The Constitution recognises the multicultural nature of Mexico, which is based on its indigenous peoples. It defines an indigenous community as:
> a cultural, economic and social unit settled in a territory and that recognizes its own authorities, according to their customs.
The Constitution guarantees the indigenous peoples' right to self-determination, as well as preferential access to natural resources in the areas they inhabit. It also establishes that indigenous peoples are entitled to human rights, including those granted by international treaties signed by Mexico.
In practice, the indigenous peoples' right to self-determination is subject to the Constitution to guarantee national unity. The state is responsible for reinforcing the political representation of indigenous peoples and their participation in legislatures, as well as guaranteeing the validity of internal forms of indigenous government. The state also promises to create national legislation guaranteeing indigenous communities the right to:
- Freely associate themselves with municipalities that are primarily indigenous in population
- Form associations between communities
- Coordinate their actions as indigenous peoples
In 2021, the head of the National Institute of Indigenous Peoples (INPI) emphasised the 20 initiatives presented by the President to advance the rights of indigenous and Afro-Mexican peoples. These included the recognition of these groups as subjects of public law, with their own legal personality, patrimony, and self-determination.
However, despite these advances, there are still challenges to enforcing the protections offered by the Constitution. Neoliberal capitalism, violence, and a precarious rule of law threaten indigenous lives and land rights.
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The role of President Carranza
Venustiano Carranza played a crucial role in the ratification process of the Mexican Constitution of 1917. As a prominent leader in the Mexican Revolution, Carranza became the de facto head of state as Primer Jefe ("First Chief") of the Constitutionalist faction from 1914 to 1917. During this time, he laid the groundwork for the new constitution by consolidating his power and seeking to legitimize the Revolution.
In November 1916, Carranza convened a congress specifically to revise the liberal constitution of 1857. However, the process resulted in a new, more progressive document—the Constitution of 1917. He chose Santiago de Querétaro as the site for drafting the new constitution, as it held symbolic significance as the place where Emperor Maximilian of Mexico was executed, ending the Second French Intervention in 1867. Additionally, Mexico City was considered too conservative, and Querétaro offered a peaceful environment for such an important meeting.
The attendees of the Constitutional Convention were mostly middle-class reformers, including young, ambitious professionals with relatively moderate political views. Carranza intended for the new constitution to be similar to the conservative constitution of 1857, but the delegates, who were twentieth-century liberals, pushed for more radical changes. Despite his conservative leanings, Carranza allowed press campaigns to promote the idea of incorporating revolutionary reforms into the new constitution to give them a firmer standing.
Carranza's role in the ratification process was also influenced by his desire to secure his position and maintain power. He faced opposition from rebels led by Pancho Villa and Emiliano Zapata, who demanded immediate social reforms. By reluctantly accepting the provisions of the 1917 Constitution, which included basic reforms in land ownership, control of natural resources, and labour and social legislation, Carranza was able to secure his position as provisional president.
Carranza's term as constitutional president, which began on May 1, 1917, was marked by continued challenges from Villa and Zapata, financial difficulties, and social unrest due to his reluctance to implement far-reaching reforms. Despite his conservative stance, Carranza's role in the ratification process of the 1917 Constitution helped shape Mexico's political future and laid the foundation for progressive changes in the country.
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Frequently asked questions
The current Constitution of Mexico, 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 has been amended several times since.
The Mexican Constitution was ratified by the Constituent Congress on 5 February 1917. The congress formally opened in November 1916, with delegate elections and a credentials fight preceding it. The final draft was approved within a few months, between November 1916 and February 1917.
The Mexican Constitution is frequently amended. The first amendment took place in 1966, and the most recent amendment mentioned is from 2016.
