Federal Constitution of the United Mexican States of 1857

Political Constitution of the Mexican Republic
Original front of the 1857 Constitution
Overview
JurisdictionMexico
Created1856–1857
Ratified5 February 1857; 167 years ago (1857-02-05)
SystemConstitutional presidential republic
Government structure
Branches3
ChambersUnicameral, amended in 1874 to reestablish the Senate.
ExecutivePresident
Electoral collegeYes, presidential elections are validated by the Deputies.
History
First legislature7 September 1857
Repealed5 February 1917
Amendments32
Last amended7 November 1911
LocationMuseo Nacional de las Intervenciones
Author(s)1857 Constituent Congress
Supersedes1824 Constitution of Mexico

The Political Constitution of the Mexican Republic of 1857 (Spanish: Constitución Política de la República Mexicana de 1857), often called simply the Constitution of 1857, was the liberal constitution promulgated in 1857 by Constituent Congress of Mexico during the presidency of Ignacio Comonfort. Ratified on February 5, 1857,[1] the constitution established individual rights, including universal male suffrage,[2] and others such as freedom of speech, freedom of conscience, freedom of the press, freedom of assembly, and the right to bear arms. It also reaffirmed the abolition of slavery, debtors' prisons, and all forms of cruel and unusual punishment such as the death penalty. The constitution was designed to guarantee a limited central government by federalism and created a strong national congress, an independent judiciary, and a small executive to prevent a dictatorship. Liberal ideals meant the constitution emphasized private property of individuals and sought to abolish common ownership by corporate entities, mainly the Catholic Church and indigenous communities, incorporating the legal thrust of the Lerdo Law into the constitution.

A number of articles were contrary to the traditional powers of the Catholic Church, such as the ending of Catholicism as official religion, the nationwide establishment of secular public education, the removal of institutional fueros (legal privileges), and the forced sale of Church property. Conservatives strongly opposed the enactment of the constitution, which polarized Mexican society. The Reform War (1858-1860) began as a result, with liberals winning on the battlefield over conservatives. The losing conservatives sought another way back into power, and their politicians invited Maximilian I of Mexico, a Habsburg, to establish a Mexican monarchy with the Church's support.[3] The republican government-in-domestic-exile was headed by President Benito Juárez as the legitimate Mexican government under the constitution. With the ouster of the French and the defeat of the conservatives in 1867, the Restored Republic was again governed under the 1857 Constitution. The constitution was durable but its provisions not always followed in practice. It was revised in 1874 to create a Senate. It remained as Mexico's constitution until 1917 although many of its provisions ceased to be enforced.

  1. ^ "Día de la Constitución Mexicana" (in Spanish). Archived from the original on 2003-08-11.
  2. ^ Arroyo García, Israel. "Constitution of 1857" in Encyclopedia of Mexico, 332
  3. ^ Martin Quirarte. "Visión panorámica de la historia de México". Librería Porrúa Hnos y Cia, S. A. 27a. edición 1995. México, D. F. Pág. 170-171.