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Encyclopedia > Constitution of Mexico
Mexico

This article is part of the series:
Politics and government of
Mexico
Image File history File links This is a lossless scalable vector image. ... Politics of Mexico takes place in a framework of a federal presidential representative democratic republic, whereby the President of Mexico is both head of state and head of government, and of a pluriform multi-party system. ...



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This article is about the current Political Constitution of the United Mexican States. For earlier constitutional texts governing that country, see Constitutions of Mexico.

The Political Constitution of the United Mexican States of 1917 is the present constitution of Mexico. It was drafted in Santiago de Querétaro by a Constitutional Convention during the Mexican Revolution. It was approved by the Constitutional Congress on February 5, 1917, with Venustiano Carranza serving as the first president under its terms. The President of the United Mexican States is the head of state of Mexico. ... Felipe de Jesús Calderón Hinojosa (b. ... The Mexican Executive Cabinet is a part of the executive branch of the Mexican government. ... Congress (formally: Congreso de la Unión or Congress of the Union) is the legislative branch of the Mexican government. ... The Senate (Spanish: Cámara de Senadores or Senado) is the upper house of Mexicos bicameral Congress. ... The Chamber of Deputies (Spanish: Cámara de Diputados) is the lower house of Mexicos bicameral legislature, the Congress of the Union. ... The LX Legislature (60th) of the Congress of Mexico is meeting from September 1, 2006, to September 1, 2009. ... The Supreme Court of Justice of the Nation (SCJN) is the highest Federal court in the United Mexican States. ... This article lists political parties in Mexico. ... Politics of Mexico Categories: Election related stubs | Elections in Mexico ... The general election was held in Mexico on Wednesday, July 6, 1988. ... On Sunday August 18, 1991 they were held in Mexico legislative elections, in which they were chosen to federal level: 32 Senators. ... The general election was held in Mexico on Sunday, August 21, 1994. ... On Sunday July 6, 1997 they were held in Mexico legislative elections, in which they were chosen to federal level: 32 Senators. ... Mexico held a general election on Sunday, 2 July 2000. ... A number of elections, both federal and local, took place in Mexico during 2003: // Chamber of Deputies – 500 federal deputies Governor, state congress, and mayors See: 2003 Colima state election Governor, state congress, and mayors See: 2003 Nuevo León state election Governor, state congress, and mayors See: 2003 Sonora... A number of local elections took place in Mexico during 2004: // Governor, state congress, and mayors See: 2004 Chihuahua state election Governor, state congress, and mayors See: 2004 Durango state election Governor, state congress, and mayors See: 2004 Zacatecas state election Governor, state congress, and mayors See: 2004 Aguascalientes state... A number of local elections took place in Mexico during 2005: // Governor, five mayors, and 21 (15+6) local deputies See: 2005 Baja California Sur state election Governor, mayors, and local congress See: 2005 Guerrero state election Governor, eight mayors, and 25 (15+10) local deputies See: 2005 Quintana Roo... A number of elections on the federal and local level took place in Mexico during 2006. ... A number of elections on the local level are scheduled to take place in Mexico during 2007. ... The Federal Electoral Institute (IFE) is an autonomous, public organization responsible for organizing federal elections in Mexico, that is, those related to the election of president of the United Mexican States and to the election of Lower and Upper Chamber members that constitute the Mexican Union Congress. ... The United Mexican States or Mexico (Estados Unidos Mexicanos or México) is a federal republic made up of 31 states (estados) and one Federal District, (Distrito Federal), which contains the capital, Mexico City. ... Traditionally, the Government of Mexico has sought to maintain its interests abroad and project its influence largely through moral persuasion. ... The Mexican military forces are composed of the Mexican Army (which includes the Mexican Air Force as a subordinate entity) and the Mexican Navy. ... Information on politics by country is available for every country, including both de jure and de facto independent states, inhabited dependent territories, as well as areas of special sovereignty. ... Since declaring independence in 1810, Mexico has adopted a number of constitutions or other documents of basic law with constitutional effects. ... 1917 (MCMXVII) was a common year starting on Monday of the Gregorian calendar (see link for calendar) or a common year starting on Tuesday of the 13-day slower Julian calendar (see: 1917 Julian calendar). ... Latitude 20. ... A graphical timeline is available here: Timeline of the Mexican Revolution Many portions of this article are translations of excerpts from the article Revolución Mexicana in the Spanish Wikipedia. ... A constituent assembly is a body elected with the purpose of drafting, and in some cases, adopting a constitution. ... February 5 is the 36th day of the year in the Gregorian calendar. ... 1917 (MCMXVII) was a common year starting on Monday of the Gregorian calendar (see link for calendar) or a common year starting on Tuesday of the 13-day slower Julian calendar (see: 1917 Julian calendar). ... Venustiano Carranza Garza (December 29, 1859 – May 21, 1920) was one of the leaders of the Mexican Revolution. ... The President of the United Mexican States is the head of state of Mexico. ...


The most important articles, 3, 27, and 123, displayed profound changes in Mexican political philosophy that would help frame the political and social backdrop for the rest of the century.

Contents

Organization

The Constitution is divided into "Titles" (Títulos) which are series of articles related to the same overall theme. The Titles, of variable length, are:


First Title:

  • Chapter I: Individual Rights (Capítulo I: de las Garantías Individuales)
  • Chapter II: on Mexicans (Capítulo II: de los Mexicanos)
  • Chapter III, on Foreigners (Capítulo III: de los Extranjeros)
  • Chaper IV: on Mexican Citizens (Capítulo IV: de los Ciudadanos Mexicanos)

Second Title:

  • Chapter I: on National Sovereignty and Form of Government (Capítulo I, de la Soberanía Nacional y de la Forma de Gobierno)
  • Chapter II: on the Parts that make up the Federation and the National Territory (Capítulo II, de las Partes Integrantes de la Federación y del Territorio Nacional)

Third Title:

  • Chapter I: on the Separation of Powers (Capítulo I, de la División de Poderes)
  • Chapter II: on the Legislative Power (Capítulo II, del Poder Legislativo)
  • Chapter III: on the Executive Power (Capítulo III, del Poder Ejecutivo)
  • Chapter IV: on the Judicial Power (Capítulo IV, del Poder Juidicial)

Fourth Title:

  • About the responsibilities of the public service and the patrimony of the State (De las rsponsabilidades de los servidores púlicos y patrimonial del Estado)

Fifth Title:

  • About the states of the Federation and the Federal District (De los estados de la Federación y del Distrito Federal)

Sixth Title:

  • About work and Social Welfare (Del Trabajo y la Previsión Social)

Seventh Title:

  • General Provisions (Prevenciones Generales)

Ninth Title:

  • About reforms to the Constitution (De las Reformas a la Constitución)

Tenth Title:

  • About the Inviolability of the Constitution (De la Inviolabilidad de la Constitución)

Constitution Day (Día de la Constitución) is one of Mexico's annual Fiestas Patrias (public holidays), commemorating the promulgation of the Constitution. Although the official anniversary is on February 5, the holiday takes place on the first Monday of February regardless the date. Listen to this article · (info) This audio file was created from an article revision dated 2005-12-10, and does not reflect subsequent edits to the article. ... Fiestas Patrias is a Spanish phrase meaning Patriotic Holidays. The Fiestas Patrias in Mexico originated in the 19th century. ... Holidays and celebrations in Mexico: See also Fiestas Patrias Categories: Public holidays by country ... February 5 is the 36th day of the year in the Gregorian calendar. ...


Articles of the Constitution

Article 1

This article discusses how every individual in Mexico (official name, Estados Unidos Mexicanos or United Mexican States) has the rights that the Constitution gives. These rights cannot be denied and they cannot be suspended. Slavery is illegal in Mexico; any slaves from abroad who enter national territory will, because of this, be given liberty and the full protection of the law. All types of discrimination whether it be for ethnic origin, national origin, gender, age, different capacities, social condition, health condition, religion, opinions, preferences, or civil state or any other which attacks human dignity and has as an objective to destroy the rights and liberties of the people are forbidden. Slave redirects here. ...


Article 2

The Mexican nation is unique and indivisible. The nation is pluricultural based originally on its indigenous tribes which are those that are descendants of the people that live in the actual territory of the country at the beginning of the colonization and that preserve their own social, economic, cultural, political institutions. The awareness of their indigenous identity should be fundamental criteria to determine to who the dispositions over indigenous tribes are applied. They are integral communities of an indigenous tribe those that form a social, economic and cultural organization.


Article 3

Discusses the matter of education in Mexico, and its main principle is that all of the education financed by the state is to be free and non-religious, based on the principles of scientific progress. It does not exclude private education. Educational oversight Minister of Public Education Secretariat of Public Education Josefina Vázquez Mota National education budget MXN$501. ...


Article 4

All people, men and women, are equal under the law. However, the "development of the family" is placed under the responsibility of the woman. This article also grants all people protection to their health, a right to housing, and rights for children.


Article 5

All people are free to work in the profession of their choosing, as long as it does not attack the right of others.


Article 6

This article states that the manifestation and expression of ideas cannot be prosecuted, except when these ideas attack morality, the rights of third parties, provokes a crime, or provokes an altercation in "public order". The article also gives the State the responsibility to grant the right of information to its governed.


Article 7

This article states that no law or authority can "previously" censor the press, or ask for a bail to the authors or printers. The freedom of the press has its limits in respect to private life, morality, and public peace. Incarceration or censorship cannot occur before charges of "press crimes" can be proven, but it can happen when responsibility has been judicially established.


Article 8

Public functionaries and employees will respect the public exercise to their right to petition, as long as it is formulated in writing, in a peaceful and respectful manner. In political petitioning, only citizens of the republic have this right.


Article 9

Freedom of assembly and association. Only citizens of the Republic may take part in the political affairs of the country.[1]


Article 10

Citizens of the republic may, for their protection, own guns and arms in their homes. Only arms sanctioned by the Army may be owned, and federal law will state the manner in which they can be used.


Article 11

"Every man has a right to enter the Republic, exit it, travel through its territory, and change his residence without the need of a security card, passport, or any similar device. The exercise of this right will be subordinated to the faculties of judicial authority, in the cases of criminal or civil responsibility, and to the limits of the administrative authorities, on the limits imposed by laws on emigration, immigration, and health safety laws in the Republic, or over foreigners residing in our country".


Article 12

The Mexican state does not have a peerage and cannot confer a title of nobility upon any person. (The Mexican Congress does confer awards such as the Order of the Aztec Eagle to notable persons). For other uses, see Peerage (disambiguation). ... The Lords and Barons prove their Nobility by hanging their Banners and exposing their Coats-of-arms at the Windows of the Lodge of the Heralds. ... Congress (formally: Congreso de la Unión or Congress of the Union) is the legislative branch of the Mexican government. ... Medal of the Order The Order of the Aztec Eagle (Spanish: Orden del Águila Azteca) is the highest decoration awarded to foreigners in Mexico. ...


Article 13

There are no private courts (ie: feudal or manorial courts) in Mexico. Military Courts martial can not be used to judge civilians. A Court baron is an English manorial court dating from the middle ages and still in existence. ... A court-martial (plural courts-martial) is a military court that determines punishments for members of the military subject to military law. ...


Article 14

Prohibits the enactment of ex post facto (retroactive) laws. All persons punished under the law are entitled to due process, punishments must follow what is dictated by written law. Note that due process under Mexican law is not the same as US law as Mexico is not a common law country. An ex post facto law (Latin for from a thing done afterward), also known as a retrospective law, is a law that is retroactive, i. ... In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must normally respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...


Article 15

Disallows international treaties for extradition when the person to be extradited is politically persecuted, or accused while having the condition of slave, or when the foreign country contravenes the civil rights granted in the Mexican constitution (like the right to life and the abolsihment of the death penalty in Article 22).


Article 16

"In cases of flagrante delicto, any person may arrest the offender and his accomplices, turning them over without delay to the nearest authorities." In other words, a citizen's arrest is allowed. This page includes English translations of several Latin phrases and abbreviations such as . ... A citizens arrest is an arrest performed by a person acting as a civilian, as opposed to a sworn law enforcement officer. ...


Article 17

Prohibits vigilante justice, all civil and criminal disputes must be resolved before courts. Mandates speedy trials in bot civil and criminal matters. Prohibits levying of "court costs" and fees, judicial service is free to all parties. Courts are to be free and independent. Imprisonment for debts is prohibited. This article or section needs copy editing for grammar, style, cohesion, tone and/or spelling. ... Court costs are the costs of handling a case, which, depending on legal rules, may or may not include the costs of the various parties in a lawsuit in addition to the costs of the court itself. ... A debtors prison is a prison for people unable to pay a debt to another creditor. ...


Article 19

Prohibits detention in excess of 72 hours (3 days) without formal charges. Mandates due process for imprisonable charges. Separate crimes discovered during an investigation must be charged separately. Mistreatment during detention by authorities, all discomforts that are inflicted without legal motive, and all fees or contributions (forced bribes) in jails are abuses that will be prohibited by law and curbed by the authorities. In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must normally respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life...


Article 22

Cruel and unusual punishment is prohibited. Specifically, penalties of death, mutilation, infamy, marks, physical punishments, torments, excessive fines, confiscation of assets, and others are abolished.


Confiscation of assets does not include the application of said assets to pay for civil responsibilities caused by a crime, or when used to pay taxes or other fines. Nor will it be confiscation when said assets are part of illegal activities, or when they are related to organized crime, or when proof of ownership cannot be established.


Article 24

"Every man is free to pursue the religious belief that best suits him, and to practice its ceremonies, devotions or cults, as long as they do not constitute a crime. Congress cannot dictate laws that establish or abolish any given religion. Ordinarily, all religious acts will be practiced in temples, and those that extraordinarily are practiced outside temples must adhere to law."


Article 25

The State will plan, determine, and carry out the development of the Nation, so that it guarantees its integrity, strenghtens national sovereignty, and allows for a broader exercise of freedom and dignity of the individuals through an economic growth that distributes wealth with justice.


Article 27

The property of all land and water within national territory is originally owned by the Nation, who has the right to transfer this ownership to particulars. Hence, private property is a privilege created by the Nation.


Expropriations may only be made when there is a public utility cause. Expropriation is the act of removing from control the owner of an item of property. ...


The State will always have the right to impose on private property the constrainst dictated by "public interest". The State will also regulate the exploitation of natural resources based on social benefits and the equal distribution of wealth. The state is also responsible for conservation and ecological considerations.


All natural resources in national territory are property of the nation, and private exploitation may only be carried out through concessions.


Nuclear fuel may only be exploited and used by the State. The use of Nuclear elements in the Nation may only have peaceful purposes (i.e., Mexico cannot build nuclear weapons).


This article also deals with other subtleties on what constitues Mexico's territory.


Foreign citizens cannot own land within 100 km of the borders or 50 km of the sea, that an area of land next to the coast is federal property which cannot be sold to particulars.


Article 28

All monopolies are prohibited.


The areas of the economy in direct control of the government, such as post, telegraph, oil and its derivatives, basic petrochemical industries, radioactive minerals, and the generation of electricity are not considered to be monopolies.


The State will protect areas of priority in the economy, such as satellite communications and railroads.


The Nation will have a Central Bank with the primaty objective of procuring the stability of the national currency. The Central Bank and its activities will not be considered monopolies either. ISO 4217 Code MXN User(s) Mexico Inflation 3. ...


Unions and workers associations will not be considered monopolies. Guilds will not be considered to be monopolies when their purpose is the economic equality of the industry, as long as the guild is overseen by the Federal Government. A guild is an association of persons of the same trade or pursuits, formed to protect mutual interests and maintain standards of morality or conduct. ...


Copyrights and patents will not be considered monopolies.


The State may outsource some of its functions, such as procurement of public services, and exploitation of assets under the domain of the Federation.


Article 32

"Mexicans shall have priority over foreigners under equality of circumstances for all classes of concessions and for all employment, positions, or commissions of the Government in which the status of citizenship is not indispensable." Foreigners, immigrants, and even naturalized citizens of Mexico may not serve as military officers, Mexican-flagged ship and airline crew, or chiefs of seaports and airports.


Article 33

"The Federal Executive shall have the exclusive power to compel any foreigner whose remaining he may deem inexpedient to abandon the national territory immediately and without the necessity of previous legal action." It also states: "Foreigners may not in any way participate in the political affairs of the country."[1]


Article 55

A deputy or senator must be "a Mexican citizen by birth." The Chamber of Deputies (Spanish: Cámara de Diputados) is the lower house of Mexicos bicameral legislature, the Congress of the Union. ... The Senate (Spanish: Cámara de Senadores or Senado) is the upper house of Mexicos bicameral Congress. ...


Article 91

Cabinet officers must be Mexicans by birth. The Mexican Executive Cabinet is a part of the executive branch of the Mexican government. ...


Article 95

Supreme Court justices must be Mexican by birth. The Supreme Court of Justice of the Nation (SCJN) is the highest Federal court in the United Mexican States. ...


Article 123

Covers the rights of workers, including the eight-hour work day, the right to strike, the right to a day's rest per week, and the right to a proper indemnization following unjustified termination of the working relationship by the employer.


Article 123 was perhaps the most radical of the provisions contained in the Constitution of 1917. This article granted the working class an 8-hour work day, a 6-day workweek, and a minimum wage that was equal across sex and nationality lines. Article 123, also gave workers the right to organize and go on strike. These labor initiatives were intended to give the working class a relief to the many abuses and hardships they faced from previously uncontrolled labor managers.


Article 130

States that church(es) and state are to remain separate. It provides for the obligatory state registration of all "churches and religious groupings" and places a series of restrictions on priests and ministers of all religions (ineligible to hold public office, to canvas on behalf of political parties or candidates, to inherit from persons other than close blood relatives, etc.). Mexico has no official religion; however, most people in Mexico report they are Christians, and this is reflected in several aspects of life there; Christmas is a national holiday and every year during Easter all schools in Mexico, public and private, take vacations. ...


Other articles

Article 18 makes provisions relating to arrest and imprisonment. The Article's emphasis on "social readjustment of the offender" was interpreted for a time after 2001 as forbidding sentences of life imprisonment, which led to the refusal of some extradition requests from the United States. Year 2001 (MMI) was a common year starting on Monday of the Gregorian calendar. ... Life imprisonment is a sentence of imprisonment for a serious crime, nominally for the entire remaining life of the prisoner, but in fact for a period which varies between jurisdictions: many countries have a maximum possible period of time (usually seven years) a prisoner may be incarcerated, or require the...


See also

Since declaring independence in 1810, Mexico has adopted a number of constitutions or other documents of basic law with constitutional effects. ... Politics of Mexico takes place in a framework of a federal presidential representative democratic republic, whereby the President of Mexico is both head of state and head of government, and of a pluriform multi-party system. ... The United Mexican States or Mexico (Spanish: Estados Unidos Mexicanos or México) has some of the strictest gun laws in the world. ...

References

  1. ^ a b http://www.iwp.edu/news/newsID.267/news_detail.asp

Bibliography

  • Niemeyer, E. Victor, Jr. Revolution at Querétaro : the Mexican constitutional convention of 1916-1917 Austin : University of Texas Press, c1974. ISBN 0-292-77005-7

External links

Wikisource
Spanish Wikisource has original text related to this article:

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Mexico's first republican constitution was the Acta Constitutiva de la Federación Mexicana (Constituent Act of the Mexican Federation), which was promulgated in 1824, following the forced resignation of Iturbide and the breakup of the short-lived Mexican Empire (see The Abortive Empire, 1821-23, ch.
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