header by Emerson Taymor, 2005


1. Pre-Columbian Mexico

2. The Conquest

3. Colonial Mexico

4. The Nineteenth Century

5. The Revolution

6. Mexico Since 1920

7. Theories of Mexicanidad

 

 

 


Mexican Constitution, Articles 3, 27, 123 and 130

Article 3. The education imparted by the Federal State shall be designed to develop harmoniously all the faculties of the human being and shall foster in him at the same time a love of country and a consciousness of international solidarity, in independence and justice.
I. Freedom of religious beliefs being guaranteed by Article 24, the standard which shall guide such education shall be maintained entirely apart from any religious doctrine and, based on the results of scientific progress, shall strive against ignorance and its effects, servitudes, fanaticism, and prejudices.

Article 27. Ownership of the lands and waters within the boundaries of the national territory is vested originally in the Nation, which has had, and has, the right to transmit title thereof to private persons, thereby constituting private property.

Private property shall not be expropriated except for reasons of public use and subject to payment of indemnity.

The Nation shall at all times have the right to impose on private property such limitations as the public interest may demand, as well as the right to regulate the utilization of natural resources which are susceptible of appropriation, in order to conserve them and to ensure a more equitable distribution of public wealth. With this end in view, necessary measures shall be taken to divide up large landed estates; to develop small landed holdings in operation; to create new agricultural centers, with necessary lands and waters; to encourage agriculture in general and to prevent the destruction of natural resources, and to protect property from damage to the detriment of society. Centers of population which at present either have no lands or water or which do not possess them in sufficient quantities for the needs of their inhabitants, shall be entitled to grants thereof, which shall be taken from adjacent properties, the rights of small landed holdings in operation being respected at all times.

...Ownership by the Nation is inalienable and imprescriptible, and the exploitation, use, or appropriation of the resources concerned, by private persons or by companies organized according to Mexican laws, may not be undertaken except through concessions granted by the Federal Executive, in accordance with rules and conditions established by law. The legal rules relating to the working or exploitation of the minerals and substances referred to in the fourth paragraph shall govern the execution and proofs of what is carried out or should be carried out after they go into effect, independent of the date of granting the concessions, and their nonobservance will be grounds for cancellation thereof....In the case of petroleum, and solid, liquid, or gaseous hydrocarbons no concessions or contracts will be granted nor may those that have been granted continue, and the Nation shall carry out the exploitation of these products, in accordance with the provisions indicated in the respective regulatory law.

It is exclusively a function of the general Nation to conduct, transform, distribute, and supply electric power which is to be used for public service. No concessions for this purpose will be granted to private persons and the Nation will make use of the property and natural resources which are required for these ends.

Legal capacity to acquire ownership of lands and waters of the Nation shall be governed by the following provisions:

1. Only Mexicans by birth or naturalization and Mexican companies have the right to acquire ownership of lands, waters, and their appurtenances, or to obtain concessions for the exploitation of mines or of waters. The State may grant the same right to foreigners, provided they agree before the Ministry of Foreign Relations to consider themselves as nationals in respect to such property, and bind themselves not to invoke the protection of their governments in matters relating thereto; under penalty, in case of noncompliance with this agreement, of forfeiture of the property acquired to the Nation....

2. Religious institutions known as churches, regardless of creed, may in no case acquire, hold, or administer real property or hold mortgages thereon; such property held at present either directly or through an intermediary shall revert to the Nation, any person whosoever being authorized to denounce any property so held. Presumptive evidence shall be sufficient to declare the denunciation well founded. Places of public worship are the property of the Nation, as represented by the Federal Government, which shall determine which of them may continue to be devoted to their present purposes. Bishoprics, rectories, seminaries, asylums, and schools belonging to religious orders, convents, or any other buildings built or intended for the administration, propagation, or teaching of a religious creed shall at once become the property of the Nation by inherent right, to be used exclusively for the public services of the Federal or State Governments, within their respective jurisdictions. All places of public worship hereafter erected shall be the property of the Nation.

10. Centers of population which lack communal lands (ejídos) or which are unable to have them restored to them due to lack of titles, impossibility of identification, or because they had been legally transferred, shall be granted sufficient lands and waters to constitute them, in accordance with the needs of the population; but in no case shall they fail to be granted the area needed, and for this purpose the land needed shall be expropriated, at the expense of the Federal Government, to be taken from lands adjoining the villages in question...

18. All contracts and concessions made by former Governments since the year 1876, which have resulted in the monopolization of lands, waters, and natural resources of the Nation, by a single person or company, are declared subject to revision, and the Executive of the Union is empowered to declare them void whenever they involve serious prejudice to the public interest.

Article 123.

The Congress of the Union, without contravening the following basic principles, shall formulate labor laws which shall apply to:

1. Workers, day laborers, domestic servants, artisans (obreros, jornaleros, empleados domésticos, artesanos) and in a general way to all labor contracts:
1. The maximum duration of work for one day shall be eight hours.
2. The maximum duration of nightwork shall be seven hours. The following are prohibited: unhealthful or dangerous work by women and by minors under sixteen years of age; industrial nightwork by either of these classes; work by women in commercial establishments after ten o'clock at night and work (of any kind) by persons under sixteen after ten o'clock at night.
3. The use of labor of minors under fourteen years of age is prohibited. Persons above that age and less than sixteen shall have a maximum work day of six hours.
4. For every six days of work a worker must have at least one day of rest.
5. During the three months prior to childbirth, women shall not perform physical labor that requires excessive material effort. In the month following childbirth they shall necessarily enjoy the benefit of rest and shall receive their full wages and retain their employment and the rights acquired under their labor contract. During the nursing period they shall have two special rest periods each day, of a half hour each, for nursing their infants.
6. The minimum wage to be received by a worker shall be general or according to occupation...
7. Equal wages shall be paid for equal work, regardless of sex or nationality.
8. The minimum wage shall be exempt from attachment, compensation, or deduction.
9. Workers shall be entitled to a participation in the profits of enterprises...
11. Whenever, due to extraordinary circumstances, the regular working hours of a day must be increased, one hundred percent shall be added to the amount for normal hours of work as remuneration for the overtime. Overtime work may never exceed three hours a day nor three times consecutively. Persons under sixteen years of age and women of any age may not be admitted to this kind of labor.
16. Both employers and workers shall have the right to organize for the defense of their respective interests, by forming unions, professional associations, etc...
29. Enactment of a social security law shall be considered of public interest and it shall include insurance against disability, on life, against involuntary work stoppage, against sickness and accidents, and other forms for similar purposes;
30. Likewise, cooperative societies established for the construction of low-cost and hygienic houses to be purchased on installments by workers, shall be considered of social utility...

Article 130. The federal powers shall exercise the supervision required by law in matters relating to religious worship and outward ecclesiastical forms. Other authorities shall act as auxiliaries of the Federation. Congress cannot enact laws establishing or prohibiting any religion.

Marriage is a civil contract. This and other acts of a civil nature concerning persons are within the exclusive competence of civil officials and authorities, in the manner prescribed by law, and shall have the force and validity defined by said law.

...The law does not recognize any personality in religious groups called churches. Ministers of denominations shall be considered as persons who practice a profession and shall be directly subject to the laws enacted on such matters. Only the legislatures of the States shall have the power to determine the maximum number of ministers of denominations necessary for local needs.

To practice the ministry of any denomination in the United Mexican States it is necessary to be a Mexican by birth. Ministers of denominations may never, in a public or private meeting constituting an assembly, or in acts of worship or religious propaganda, criticize the fundamental laws of the country or the authorities of the Government, specifically or generally. They shall not have an active or passive vote nor the right to form associations for religious purposes.

Permission to dedicate new places of worship open to the public must be obtained from the Secretariat of Government, with previous consent of the government of the State. There must be in every church building a representative who is responsible to the authorities for compliance with the laws on religious worship in such building, and for the objects pertaining to the worship.

Periodical publications of a religious character, whether they be such because of their program, title, or merely because of their general tendencies, may not comment on national political matters or public information on acts of the authorities of the country or of private persons directly related to the functioning of public institutions.

The formation of any kind of political group, the name of which contains any word or indication whatever that it is related to any religious denomination, is strictly prohibited. Meetings of a political character may not be held in places of worship.

The acquisition by private parties of personal or real property owned by the clergy or by religious organizations shall be governed by Article 27 of this Constitution.

Trials for violation of the above provisions shall never be heard before a jury.