Malcolm Rivera
Cuba has had three constitutions since gaining independence from Spain. The first was the 1901 Constitution, which was drafted following the Spanish-American War and reflected the hegemonic role the United States played in Cuban affairs. This constitution was modelled on the US Constitution and incorporated the Platt Amendment, which outlined the conditions for US intervention in Cuban affairs and effectively made Cuba a US protectorate. The 1901 Constitution was replaced by the 1940 Constitution, which represented a thorough reworking of the previous constitution and reflected the strong sense of nationalism and liberalism that had emerged in Cuban society. The third constitution was enacted in 1976, seventeen years after Fidel Castro's forces entered Havana.
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What You'll Learn
The 1901 Constitution of Cuba
The 1901 Constitution was written by thirty-one delegates to a constitutional convention called for by General Leonard Wood, the U.S. military governor of Cuba. The convention was presided over by Domingo Méndez Capote, with Enrique Villuendas and Alfredo Zayas serving as secretaries. Notably, the constitution was not submitted to a popular vote, which some in the United States objected to.
The 1901 Constitution incorporated eight principles set out in the Platt Amendment, a U.S. statute that authorized the U.S. president to withdraw troops from Cuba following the Spanish-American War. These principles included the right of the U.S. to intervene in Cuba's affairs to protect its independence and guarantee the stability of its government. The Platt Amendment also limited Cuban authority to negotiate international treaties and borrow money from abroad, and allowed the U.S. to claim a coaling station on Cuban soil. While the Platt Amendment was later abrogated by the U.S. in 1934, it bitterly divided Cuban society, with working-class and poor Cubans believing the 1901 Constitution was a humiliating concession to the imperialist United States.
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The Platt Amendment
The Amendment limited Cuba's right to make treaties with other nations and restricted Cuba in the conduct of foreign policy and commercial relations. It also established that Cuba's boundaries would not include the Isle of Pines until its title could be established in a future treaty. The Platt Amendment further stipulated that Cuba must sell or lease lands to the US that were necessary for coaling or the development of naval stations. This eventually led to the lease of Guantanamo Bay by the US.
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The Guáimaro Constitution
Cuba has had three constitutions since it gained independence from Spain. The first constitution, drafted in 1901, reflected the hegemonic role the United States played in Cuban affairs. The second, the Constitution of 1940, was a reworking of the 1901 Constitution and reflected the strong sense of nationalism and liberalism that had emerged in Cuban society in the 1930s. The third constitution was enacted in 1976, seventeen years after Fidel Castro's forces entered Havana.
On 10 October 1868, a group in Oriente Province, led by sugar planter and mill owner Carlos Manuel de Céspedes, proclaimed Cuba's independence from Spain, launching a decade of hostilities known as the Ten Years' War. He assumed the title of captain-general and ruled a small independent area in the style of a Spanish colonial governor. A second group of rebels, Havana students from prominent families, formed their own Revolutionary Committee and rejected Céspedes' conservatism and his claim to lead the independence movement.
To salvage his position, Céspedes agreed to a compromise. He relinquished his claim to military authority, accepted the position of president of the new republic, and agreed that the powers of that office would be defined by a constitution. The Camagüeyans and those rebels who shared their political principles met on 10 April 1869, in Guáimaro, where they wrote and adopted their governing document, the Guáimaro Constitution, in a single day. Its principal authors were Agramonte and Antonio Zambrana. It made no concession to Céspedes' views. Its central feature was a unicameral legislature, a House of Representatives, that appointed the president and chief of the military, who both served at the pleasure of the legislature.
In practice, the House never trusted President Céspedes, who continued to issue military orders without regard for the military leadership appointed by the House. The war required local military leaders, even Agramonte when he took on a military role, to function as near dictators. The idealistic language of the Guáimaro Constitution soon began to ring hollow, and the central government it proclaimed came to be a chimeric institution. Geography and the realities of an atrocious war of extermination rendered it unviable.
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The La Yaya Constitution
Cuba has had three constitutions since its independence from Spain. The first, known as the 1901 Constitution, was drafted in the aftermath of the Spanish-American War and reflected the United States' newfound influence in Cuba. This constitution was deeply divisive in Cuban society, as it was heavily influenced by the Platt Amendment, a treaty between the US and Cuba that restricted Cuba's independence and allowed for US intervention in Cuban affairs.
The Platt Amendment, which was incorporated into the 1901 Constitution, included several stipulations. It barred Cuba from making treaties that gave other nations power over its affairs, incurring debt, or stopping the US from imposing sanitation programs. It also allowed the US to lease or buy lands for naval bases and coaling stations, with Guantanamo Bay becoming a prominent example of the latter.
The 1901 Constitution was replaced by the 1940 Constitution, which represented a significant shift towards nationalism and liberalism in Cuban society. This constitution provided for land reform, public education, universal healthcare, a minimum wage, and other progressive ideas. It abolished capital punishment and established restrictions on land holdings, marking a departure from the influence of the Platt Amendment.
However, the 1940 Constitution was suspended by Fulgencio Batista after he seized power in 1952. The third and current Cuban constitution was approved in 1976, following the revolution of 1959 and the rise of Fidel Castro's regime. This constitution was enacted after a period of US military occupation and reflected the Cuban dream of achieving true independence.
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The 1940 Constitution
Cuba's first constitution as an independent state was drafted in 1901, immediately following the Spanish-American War. However, the 1901 Constitution was heavily influenced by the United States, which had played a hegemonic role in Cuban affairs since the country gained its independence from Spain. The 1901 Constitution incorporated the Platt Amendment, which stipulated the conditions for U.S. intervention in Cuban affairs and effectively made Cuba a U.S. protectorate. This amendment limited Cuba's authority to negotiate international treaties and borrow money from abroad, and it also allowed the U.S. to establish naval bases and coaling stations on the island.
The second Cuban constitution, the 1940 Constitution, was a thorough reworking of the 1901 Constitution and reflected the strong sense of nationalism and liberalism that had emerged in Cuban society in the 1930s. The 1940 Constitution was implemented during the presidency of Fulgencio Batista on 10 October 1940. It was influenced by the collectivist ideas that inspired the Cuban Revolution of 1933 and was considered one of the most progressive constitutions of its time. The constitution provided for land reform, public education, a minimum wage, universal healthcare, and other social programs. It also abolished capital punishment and established restrictions on the size of land holdings. The 1940 Constitution ratified the independence of the judiciary and introduced the role of the prime minister, with executive power shared between the president and the prime minister.
Fidel Castro's manifesto "History Will Absolve Me" in 1953 declared the restoration of the 1940 Constitution as one of the principal aims of his revolutionary movement. However, the 1940 Constitution was suspended by Fulgencio Batista after he seized power in 1952, and it was completely suspended after the Cuban Revolution in 1959. A new constitution was not approved until 1976, seventeen years after Fidel Castro's forces entered Havana.
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Frequently asked questions
The first Cuban constitution was drafted in 1901, immediately following the Spanish-American War. It was written by delegates to a Constitutional Convention, under the authority of the U.S. military governor of Cuba, General Leonard Wood.
The 1901 Constitution was controversial because it incorporated the Platt Amendment, a U.S. statute that placed limitations on Cuban sovereignty and provided a legal basis for future U.S. military interventions in Cuba. This led to criticism that Cuba was becoming a U.S. protectorate.
The second Cuban constitution was enacted in 1940. It represented a thorough reworking of the 1901 Constitution and reflected a growing sense of Cuban nationalism and liberalism. It was signed by delegates on 1 July 1940 and took effect on 10 October 1940.
