How Mexico's Constitutional Past Shapes Its Future

In modern democratic societies, constitutions are the ultimate expression of a collective social contract, binding citizens under common principles and guiding the structure and purpose of their governments. These documents are living testaments to a nation's history, reflecting the social struggles, aspirations, and values of its people. Constitutions evolve, amended over time to adapt to the societal and political changes that demand their renewal. Mexico’s foundational charter, born 200 years ago, is no exception. On October 4th, Mexico commemorated two centuries since the birth of its first structural legal framework, the 1824 Federal Constitution of the United Mexican States, a document that emerged from colonial subjugation, revolutionary fervor, and a profound desire for sovereignty.

Mexico’s first formal constitution arose after a prolonged period of Spanish colonial rule, which left an indelible mark on its initial political structure. The Federal Constitution of 1824 was a historical amalgamation—a synthesis of diverse influences that included the Spanish Constitution of 1812, the United States Constitution of 1787, and the Constitution of Apatzingán, formally known as the “Constitutional Decree for the Liberty of Mexican America,” authored by the priest and revolutionary leader José María Morelos y Pavón. Each of these documents contributed to the unique character of Mexico’s first constitutional charter.

The Constitution of Apatzingán, promulgated on October 22, 1814, was the first organized attempt at a national constitution in Mexico. It laid down critical principles of popular sovereignty, the separation of powers, and rights of equality, property, and freedom. Although never implemented due to ongoing internal conflicts, Apatzingán’s framework provided an ideological foundation, influencing the nation’s leaders as they strove to consolidate Mexican independence and sovereignty after the War of Independence concluded.

With independence won, Mexico faced a monumental task: the construction of a government structure for a nation that was both newly sovereign and deeply divided. In November 1823, a provisional government convened a Constituent Congress to draft a document that would declare Mexico an independent state and establish its federal system. The Constitutive Act of the Mexican Federation, ratified on January 24, 1824, marked the culmination of these efforts, providing the basis for what would become the first Federal Constitution.

The Federal Constitution of 1824 embodied Mexico’s new national identity and formalized the country’s independence from Spain. On January 24, General Guadalupe Victoria, as the first president of the Republic, took a solemn oath to uphold the Federal Constitution, solidifying Mexico’s status as a free and independent state. In its opening six articles, the constitution boldly declared Mexico a sovereign nation, asserted a single state religion (Catholicism), and established a tripartite division of powers among the Legislative, Executive, and Judicial branches—a direct nod to the influence of Enlightenment principles and the constitutions from which it drew inspiration.

In its structure and design, the 1824 document aimed to balance regional autonomy with central authority, a critical consideration given Mexico’s vast geographic diversity and the presence of influential local power structures. By organizing the country as a federation of states, it sought to accommodate local governance needs while preserving a unified national identity. In practice, however, the balance proved challenging. The constitution’s provisions, though ambitious, were subject to competing political interests that would soon reveal cracks in the framework it attempted to create.

Despite its significance as Mexico’s first fundamental law, the Constitution of 1824 faced immediate challenges. While the document granted Mexico a federal system, it left unresolved tensions between centralist and federalist factions, conflicts that would persist throughout the 19th century and lead to multiple constitutional revisions. Mexico’s political landscape was volatile, marked by frequent changes in leadership and a series of reforms and counter-reforms that reflected the deep-seated ideological divisions within the country.

These internal struggles, often manifested in violent confrontations, led to a series of political shifts that saw the original constitution repeatedly amended, suspended, and reinstated, as leaders sought to impose either stronger central control or greater autonomy for the states. By the 1850s, the need for a more definitive, enduring solution became evident, leading to the drafting of the 1857 Constitution, a document which further refined the country’s legal and political framework, embedding individual liberties more firmly and expanding the secular nature of the state.

The most comprehensive redefinition of Mexican constitutional principles, however, came with the 1917 Constitution, drafted amid the turmoil of the Mexican Revolution. This new charter, which remains in effect today, introduced pioneering social reforms that reflected the demands for social justice and equality voiced by revolutionary forces. Through land reforms, labor rights, and secular education mandates, the 1917 Constitution marked a transformative shift in Mexico’s constitutional legacy, setting a precedent for social rights that would influence constitutions around the world.

Six Constitutions That Shaped a Nation

In Mexican history, few documents have been as central to its identity as its series of federal constitutions. Each of Mexico's six federal constitutions is a distinct reflection of the era it was born into—revealing the political currents, ideological battles, and social transformations that shaped the country. From the ideals of the priest and revolutionary José María Morelos y Pavón to the monumental social reforms embedded in the 1917 Constitution, each document encapsulates a stage in Mexico’s quest for a just and sovereign society. These constitutions are not merely legal texts; they are testaments to the struggles and aspirations of the Mexican people over two centuries.

1. The Constitution of Apatzingán (1814): A Revolutionary Ideal

The first of Mexico’s foundational documents, the Constitutional Decree for the Freedom of Mexican America, commonly known as the Constitution of Apatzingán, emerged in the throes of revolutionary fervor. Promulgated on October 22, 1814, by José María Morelos y Pavón, this constitution was visionary yet short-lived, never coming into full force due to ongoing internal conflicts and colonial pressures. However, its principles laid essential groundwork, declaring Mexico’s independence, popular sovereignty, and the protection of individual rights. It advocated for the division of powers into executive, legislative, and judicial branches, as well as the election of officials—a democratic ideal deeply influential in later constitutions. Though unrealized at the time, the Apatzingán Constitution became a critical reference point, embedding early aspirations of freedom and governance that would echo through Mexico’s future charters.

2. The Constitution of 1824: Mexico’s First Federal Charter

Mexico’s first official constitution, the 1824 document, was the product of revolutionary victory and the country’s newfound sovereignty. On October 4, 1824, the Constituent Congress, composed of 114 deputies, promulgated a 171-article constitution that defined Mexico as an independent, federated republic. This document drew inspiration from the Spanish Constitution of Cádiz, the U.S. Constitution, and the foundational Apatzingán Constitution, fusing influences to meet Mexico’s unique needs.

Aimed at uniting diverse regions within a federated structure, the Constitution of 1824 established the United Mexican States as a free nation, delineating the republic’s member states and setting a federal framework. Its provisions included a single national religion (Catholicism) and a tripartite division of government powers. However, in practice, the balance between federal and state powers proved difficult, with the constitution tested by mounting political divisions that would soon spur the next transformation.

3. The Seven Constitutional Laws (1836): Centralism Takes Hold

By 1836, ideological rifts had widened, as federalist and centralist factions clashed. The result was the Seven Constitutional Laws, a radical revision of the 1824 Constitution that shifted Mexico from a federal to a centralist state. Promulgated beginning in 1835, with the remaining six laws enacted on December 29, 1837, this constitution established a Central Democratic Republic and concentrated authority within the central government.

The Seven Laws introduced a new structure, mandating the direct election of the president and magistrates of the Cortes and creating a supreme conservative power. This marked a stark shift, with a centralization of authority that altered Mexico’s political landscape. This model, however, proved contentious, fueling discontent among the states and contributing to cycles of political instability that would persist in the coming years.

4. The Constitution of 1843: Reinforcing Central Control

In 1843, under the provisional leadership of General Antonio López de Santa Anna, the Bases of Political Organization of the Mexican Republic was enacted by the Board of Notables. While similar in structure to the Constitution of 1836, this document introduced modifications to the electoral process, mandating indirect elections for the president, deputies, and a portion of the Senate.

Despite these adjustments, the Constitution of 1843 represented a continuation of centralist policies and concentrated authority, much to the frustration of federalist factions. By 1846, ongoing political dissatisfaction led to the reinstatement of the 1824 Constitution, underscoring the challenges Mexico faced in striking a workable balance between central authority and regional autonomy.

5. The Constitution of 1857: Enshrining Civil Rights

The Constitution of 1857 marked a turning point for Mexico, with the establishment of a secular, democratic, and republican framework that placed an unprecedented emphasis on individual rights. Enacted in a period of liberal reform, this document sought to modernize Mexico and address many of the grievances that had plagued earlier charters. In addition to affirming the supremacy of the constitution, it reinforced the separation of powers and enshrined a Democratic, Republican, Representative, and Federal government.

The 1857 Constitution abolished the death penalty for political crimes and eliminated colonial-era taxes like the alcabalas (sales taxes). It championed civil liberties, including freedom of speech, equality before the law, and the right to own property. These provisions provoked considerable backlash from conservative forces, leading to a period of intense civil conflict, known as the Reform War. Despite the resistance, the 1857 Constitution was a critical advancement, establishing social rights that would shape the country’s future constitutional discourse.

6. The 1917 Constitution: A Revolutionary Blueprint for Social Justice

The final and most enduring constitution in Mexico’s history, the 1917 Political Constitution of the United Mexican States, was born out of the Mexican Revolution—a period of intense social upheaval and demands for reform. Promulgated on February 5, 1917, in Querétaro, this document is notable not only for its longevity but for its pioneering social policies, which were ahead of their time.

The 1917 Constitution established a tripartite government with a bicameral legislature, dividing the legislative branch into a Chamber of Deputies and a Senate, with representatives directly elected by the people. It mandated that public education should be secular, free, and universally accessible. It also introduced revolutionary social reforms, including labor rights and agrarian reform. Article 27, for instance, vested land and water resources in the nation and facilitated land redistribution—a response to longstanding inequalities that had fueled revolutionary sentiments. Article 123 guaranteed labor rights, enshrining fair wages, an eight-hour workday, and the right to organize, setting a precedent that would influence constitutions around the world.

The 1917 Constitution remains in force today, having undergone over 700 amendments to reflect the evolving needs and aspirations of Mexican society. Its social principles continue to resonate, embodying Mexico’s ongoing commitment to addressing inequality, safeguarding rights, and fostering a just and inclusive society.

In-text Citation: (Bahena, 2024, pp. 38-40)