Omar Bennett
The Constitution of 1812, also known as The Political Constitution of the Spanish Monarchy, was promulgated on 18 March 1812 by the Cortes of Cádiz. It was a response to the constitutional crisis caused by the forced abdication and exile of Spain's legitimate monarch, Ferdinand VII, in 1808. The Constitution gave Spanish citizenship to natives of territories that had belonged to the Spanish monarchy and established a constitutional monarchy. It was drafted by several liberal deputies, with implicit support from the British, and was far more liberal than what may have been produced in Spain.
| Characteristics | Values |
|---|---|
| Date of signing | 19 March 1812 |
| Date of publication in New Spain | 19 September 1812 |
| Date of publication in Peru | 1 October 1812 |
| Date of publication in Quito | 18 July 1813 |
| Type of government | Constitutional monarchy |
| Religion | Roman Catholicism |
| Suffrage | Universal male suffrage |
| Deputies | Chosen every two years |
| Deputies' term | Two consecutive sessions |
| Meetings | To be held on 1 March annually |
| Meetings duration | Three months |
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![The Political Constitution of the Spanish Monarchy proclaimed in Cadiz 19th of March 1812. [The translator's dedication is signed, âœPhilos Hispaniæ.â]](https://m.media-amazon.com/images/I/61KifJ41Y6L._AC_UY218_.jpg)
What You'll Learn
Deputies at Cádiz
The Constitution of 1812, also known as the Constitution of Cádiz, was the first constitution of Spain and one of the earliest codified constitutions in the world. It was ratified on 19 March 1812 by the Cortes of Cádiz, the first Spanish legislature that included delegates from across the nation and its possessions, including Spanish America and the Philippines.
The deputies at Cádiz were chosen every two years and sat for two consecutive sessions. They were elected under a deliberately indirect representative electoral system, which extended universal suffrage to all free males. The constitution provided for the election of deputies to future Cortes, representation without class distinctions, and the abolition of entailed estates. The Cortes were to meet annually, convening on 1 March for three months.
The deputies at Cádiz were divided between liberals and conservatives. The liberals dominated the Cortes, and the resulting constitution was a blend of modern and traditional elements. The Constitution of 1812 established a constitutional monarchy, retaining Roman Catholicism as the official and sole legal religion in Spain, but abolishing the Inquisition, aristocratic privileges, feudal obligations, and seignorial levies. It also provided for elected city councils and representative provincial bodies, proclaimed freedom of the press, and established clear and absolute property rights to encourage agrarian production.
The conservatives tried to present the constitution as the work of a radical minority, but in reality, it had widespread support. The opposition to the constitution came primarily from the ecclesiastical orders and institutions, whose privileges were curtailed by the liberal clauses. The restriction of monarchical power also led to open conflict upon Ferdinand VII's return to power.
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Liberal deputies
The Constitution of 1812 was a response to the constitutional crisis caused by the forced abdication and exile of Spain's legitimate monarch, Ferdinand VII, in 1808. Spanish liberals aimed to regenerate Spain by adopting a modern constitution influenced by Enlightenment principles and the French and American revolutions. The Constitution defined Spanish and Spanish-American liberalism in the early 19th century, blending modern and traditional elements.
The liberal clauses in the Constitution, however, faced opposition from ecclesiastical orders and institutions, whose privileges were curtailed. The restriction of monarchical power also led to conflict upon Ferdinand VII's return to power. The Constitution's impact on the emerging states of Spanish America was significant, as it converted the territories to provinces, depriving the king of economic resources that previously went directly to the royal treasury.
Overall, the liberal deputies shaped the Constitution of 1812, promoting principles of liberalism, civil equality, and the curtailment of corporate and monarchical privileges. Their efforts had a lasting impact on the political landscape of Spain and its overseas territories.
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Equality before the law
The Constitution of 1812, also known as the Political Constitution of the Spanish Monarchy, was the first Constitution of Spain and one of the earliest codified constitutions in world history. It was ratified on 19 March 1812 by the Cortes of Cádiz, the first Spanish legislature that included delegates from the entire nation and its possessions, including Spanish America and the Philippines.
The Constitution of 1812 provided for a division of governmental powers, consolidated and updated the Spanish legal system, ensured civil equality, and curtailed corporate privilege. It established a constitutional monarchy, retaining Roman Catholicism as the official and sole legal religion, but abolishing the Inquisition, aristocratic privileges, feudal obligations, and seignorial levies. The Constitution provided for universal suffrage for all free males, although it did not grant full self-rule to the American dominions. It also proclaimed freedom of the press and established clear and absolute property rights to encourage agrarian production.
In terms of equality before the law, the Constitution of 1812 took significant steps towards ensuring civil equality and curtailing corporate and aristocratic privilege. It restricted the powers of the monarchy, ensuring that the crown retained only those functions that the Cortes could not exert. Royal control over the administration was subjugated to an elected, unicameral assembly that met annually, with a council of state watching over the crown's actions. The Constitution also provided for the election of deputies to future Cortes, with representation without class distinctions, and the abolition of entailed estates.
The Constitution's impact on equality before the law extended beyond the political sphere and into the social realm. It abolished the Inquisition, which had been a tool of religious and social control, and restricted the privileges of the church, encouraging and strengthening liberal political arguments. The Constitution also had a direct impact on the emerging states of Spanish America, changing the legal status of people in both Peninsular Spain and its overseas possessions. It granted Spanish citizenship to natives of territories that had belonged to the Spanish monarchy, including the Indigenous peoples of the Americas, although the acquisition of citizenship for Afro-American peoples was through naturalization, excluding slaves.
Overall, the Constitution of 1812 played a pivotal role in shaping the legal and political landscape of Spain and its possessions, laying the foundation for equality before the law and limiting the powers of the monarchy and aristocracy.
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Central government
The Constitution of 1812, also known as the Political Constitution of the Spanish Monarchy, was the first Constitution of Spain and one of the earliest codified constitutions in world history. It was ratified on 19 March 1812 by the Cortes of Cádiz, the first Spanish legislature that included delegates from the entire nation and its possessions, including Spanish America and the Philippines. The Constitution was a response to the constitutional crisis caused by the forced abdication and exile of Spain's legitimate monarch, Ferdinand VII, in 1808.
The Constitution established a constitutional monarchy, retaining Roman Catholicism as the official and sole legal religion in Spain. It abolished the Inquisition, aristocratic privileges, feudal obligations, and seignorial levies. The Constitution provided for the election of deputies to the Cortes, with representation without class distinctions, and the abolition of entailed estates. The Cortes were to meet annually on 1 March for three months, with deputies chosen every two years and serving for two consecutive sessions.
While the Constitution did not reject the monarchy, it moderated the power of the crown to ensure constitutional government. The crown retained only those functions that the Cortes could not exert, and royal control over the administration was subjugated to an elected, unicameral assembly chosen annually. A council of state oversaw the crown's actions, with its members chosen by the crown from a list provided by the Cortes.
The Constitution extended universal suffrage to all free males under an indirect representative electoral system. It provided for elected city councils and representative provincial bodies, proclaiming freedom of the press and threatening traditional fueros and monopolies. The Constitution also encouraged freer trade, although not to the full extent that the colonies desired. To promote agrarian production, the Constitution established clear and absolute property rights.
In terms of the central government, the Constitution of 1812 provided for a division of governmental powers, consolidating and updating the Spanish legal system, ensuring civil equality, and curtailing corporate privilege. It also had a significant impact on the emerging states of Spanish America, as it converted the overseas territories into provinces, depriving the king of a direct economic resource.
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James Madison
Madison's political career began in 1776 when he served as a delegate to the Virginia state convention, where he first met Thomas Jefferson, who would become his lifelong friend and political ally. Together, Madison and Jefferson collaborated on the Virginia state constitution, which served as a model for the U.S. Constitution. In 1787, Madison participated in the Constitutional Convention in Philadelphia, where he presented the Virginia Plan. This plan outlined the fundamental structure and principles that would shape the U.S. Constitution.
Madison's "model of liberty-protecting constitutional government" has been described by law professor Noah Feldman as "the most influential American idea in global political history." Madison firmly believed in the importance of local self-government within a broader national framework. He sponsored the Bill of Rights, which consisted of ten amendments designed to protect the freedoms of American citizens. These amendments became the first constitutional amendments, known collectively as the Bill of Rights.
Madison's presidency, which began in 1808, was marked by the War of 1812 with Great Britain. He led the nation during this conflict, which was the nation's first major war. Despite criticism of his leadership during the war, Madison's popularity endured, and he was re-elected in 1812 during the wartime elections. Madison's experience with the war convinced him of the need for a stronger federal government, and he supported policies such as a national bank, a strong navy, and taxes.
Overall, James Madison's contributions to the Constitution and his role in the War of 1812 have secured his place as one of the most significant Founding Fathers of the United States. His ideas and policies continue to shape the country's political and governmental landscape even today.
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Frequently asked questions
The Constitution of 1812, also known as The Political Constitution of the Spanish Monarchy, was promulgated by the Cortes of Cádiz.
The deputies at Cádiz were liberals with implicit support from the British. They wanted equality before the law, a centralised government, an efficient modern civil service, a reform of the tax system, freedom of contract, and the right to use property as they saw fit.
The three basic principles ratified by the Cortes were that sovereignty resides in the nation, the legitimacy of Ferdinand VII as King of Spain, and the inviolability of the monarch.
The Constitution of 1812 extended universal suffrage to all free males under a representative electoral system. It also encouraged freer trade and established clear and absolute property rights.
James Madison is widely known as the writer of the US Constitution, though he refused to take credit for it, instead insisting that it was a compilation of several ideas and beliefs on democracy.
