Political Constitution of the Mexican Republic | |
---|---|
Overview | |
Jurisdiction | Mexico |
Created | 1856–1857 |
Ratified | 5 February 1857 |
System | Constitutional presidential republic |
Government structure | |
Branches | 3 |
Chambers | Unicameral, amended in 1874 to reestablish the Senate. |
Executive | President |
Electoral college | Yes, presidential elections are validated by the Deputies. |
History | |
First legislature | 7 September 1857 |
Repealed | 5 February 1917 |
Amendments | 32 |
Last amended | 7 November 1911 |
Location | Museo Nacional de las Intervenciones |
Author(s) | 1857 Constituent Congress |
Supersedes | 1824 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.