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The History of the Mexican Constitution

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As a Mexican-born American, I’m always looking for occasions to celebrate.  I guess this festive nature is simply dyed-in-the-wool (or dyed-in-the-cotton, if you’re Southern-raised, as I am).  With that in mind, I wanted to write a bit about the Mexican Constitution – especially since two related holidays take place in the month of February:  Mexican Constitution Day (February 5) and Mexican Flag Day (today – February 24).

A black and white headshot of Venustiano Carranza.
Venustiano Carranza, Library of Congress Prints and Photographs Division

February 5, 2011 marked the 94th anniversary of the Constitution of 1917.  On that day, Mexican President Venustiano Carranza promulgated the Constitution that is still in force today in Mexico.  This particular Constitution was a product of the Mexican Revolution, which just happens to have celebrated its centennial last year.  Its enactment took place at the Teatro de la República (the Theatre of the Republic) in the city of Querétaro.  This Constitution came with significant social reforms to labor laws, and provided for equality in treatment without discrimination on the basis of race, creed, social or political condition, among other reforms.

But there’s always a history, so in the words of Fredric Jameson let’s “always historicize.”  Here’s a chronology of the Mexican Constitutions:

The Constitution of Cádiz (1812)

This was the organic instrument when Mexico was part of the Spanish Crown under King Ferdinand VII.  Article 5 of the Constitution of Cádiz provides that “All free men born and residing in the domains of the Spains [sic], and the progeny of these” are Spaniards.  Further to the subject of the “Spains” is article 10, wherein it states that the Spanish territory comprises several historical regions of the Iberian Peninsula, adjacent islands, and the modern-day autonomous communities, parts of Africa.  In addition, it includes:

the Septentrional [northern] America, New Spain [the bulk of modern day Mexico and the US Southwest] with New Galicia [the modern Mexican States of Jalisco, Zacatecas, Aguascalientes, Colima, and Nayarit] and the Yucatan Peninsula, Goatemala [sic, modern day Central America], internal provinces of the East, internal provinces of the West, the Island of Cuba with the two Floridas [sic], the Spanish part of the Island of Santo Domingo, and the Island of Puerto Rico, with the rest of those adjacent to these and