1857 Constitution
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The Political Constitution of the Mexican Republic of 1857 (), often called simply the Constitution of 1857, was the liberal constitution promulgated in 1857 by Constituent
Congress of Mexico A congress is a formal meeting of the Representative democracy, representatives of different countries, constituent states, organizations, trade unions, political party, political parties, or other groups. The term originated in Late Middle Engl ...
during the presidency of Ignacio Comonfort. Ratified on February 5, 1857, the constitution established individual rights, including universal male suffrage, and others such as
freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been r ...
, freedom of conscience,
freedom of the press Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic Media (communication), media, especially publication, published materials, shoul ...
,
freedom of assembly Freedom of assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of individuals to peaceably assemble and collectively express, promote, pursue, and defend their ideas. The right to free ...
, and the
right to bear arms The right to keep and bear arms (often referred to as the right to bear arms) is a legal right for people to possess weapons (arms) for the preservation of life, liberty, and property. The purpose of gun rights is for self-defense, as well as ...
. It also reaffirmed the
abolition of slavery Abolitionism, or the abolitionist movement, is the political movement to end slavery and liberate enslaved individuals around the world. The first country to fully outlaw slavery was France in 1315, but it was later used in its colonies. T ...
,
debtors' prison A debtors' prison is a prison for people who are unable to pay debt. Until the mid-19th century, debtors' prisons (usually similar in form to locked workhouses) were a common way to deal with unpaid debt in Western Europe.Cory, Lucinda"A Histor ...
s, and all forms of
cruel and unusual punishment Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdi ...
such as the
death penalty Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in s ...
. The constitution was designed to guarantee a limited central government by
federalism Federalism is a mode of government that combines a general level of government (a central or federal government) with a regional level of sub-unit governments (e.g., provinces, State (sub-national), states, Canton (administrative division), ca ...
and created a strong national congress, an
independent judiciary Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan inte ...
, and a small executive to prevent a
dictatorship A dictatorship is an autocratic form of government which is characterized by a leader, or a group of leaders, who hold governmental powers with few to no Limited government, limitations. Politics in a dictatorship are controlled by a dictator, ...
. Liberal ideals meant the constitution emphasized
private property Private property is a legal designation for the ownership of property by non-governmental Capacity (law), legal entities. Private property is distinguishable from public property, which is owned by a state entity, and from Collective ownership ...
of individuals and sought to abolish common ownership by corporate entities, mainly the
Catholic Church The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...
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 The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...
as official religion, the nationwide establishment of secular public education, the removal of institutional ''
fuero (), (), (), () or () is a Spanish legal term and concept. The word comes from Latin , an open space used as a market, tribunal and meeting place. The same Latin root is the origin of the French terms and , and the Portuguese terms and ...
s'' (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 Maximilian I (; ; 6 July 1832 – 19 June 1867) was an Austrian Empire, Austrian archduke who became Emperor of Mexico, emperor of the Second Mexican Empire from 10 April 1864 until his execution by the Restored Republic (Mexico), Mexican Republ ...
, a
Habsburg The House of Habsburg (; ), also known as the House of Austria, was one of the most powerful dynasties in the history of Europe and Western civilization. They were best known for their inbreeding and for ruling vast realms throughout Europe d ...
, to establish a
Mexican monarchy Mexican may refer to: Mexico and its culture *Being related to, from, or connected to the country of Mexico, in North America ** People *** Mexicans, inhabitants of the country Mexico and their descendants *** Mexica, ancient indigenous people ...
with the Church's support. The republican government-in-domestic-exile was headed by President
Benito Juárez Benito Pablo Juárez García (; 21 March 1806 – 18 July 1872) was a Mexican politician, military commander, and lawyer who served as the 26th president of Mexico from 1858 until his death in office in 1872. A Zapotec peoples, Zapotec, he w ...
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.


Background

Having overthrown the dictatorship of
Antonio López de Santa Anna Antonio de Padua María Severino López de Santa Anna y Pérez de Lebrón (21 February 1794 – 21 June 1876),Callcott, Wilfred H., "Santa Anna, Antonio Lopez De,''Handbook of Texas Online'' Retrieved 18 April 2017. often known as Santa Anna, wa ...
in 1855, liberals sought to implement their ideology in new laws and briefly had Juan Álvarez in the presidency. As established in
Plan of Ayutla The Plan of Ayutla was the 1854 written plan aimed at removing conservative, centralist President Antonio López de Santa Anna from control of Mexico during the Second Federal Republic of Mexico period. Initially, it seemed little different from ...
, he convened the Constituent Congress on October 16 to establish headquarters in
Dolores Hidalgo Dolores Hidalgo (; in full, Dolores Hidalgo Cuna de la Independencia Nacional, ) is the name of a city and the surrounding municipality in the north-central part of the Mexican state of Guanajuato. It is located at , at an elevation of about a ...
and to draft a new constitution embodying liberalism. The following year, the incumbent president, Ignacio Comonfort, endorsed the call to move the headquarters to
Mexico City Mexico City is the capital city, capital and List of cities in Mexico, largest city of Mexico, as well as the List of North American cities by population, most populous city in North America. It is one of the most important cultural and finan ...
.Tena Ramírez, Felipe, ''op. cit.'', capítulo "La Constitución de 1857" The Congress was divided between two main factions. Most members were moderate liberals and planned to restore the
Constitution of 1824 A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these princ ...
with some changes. Some of the prominent figures were Mariano Arizcorreta, Marcelino Castañeda, Joaquín Cardoso, and Pedro Escudero y Echánove. Their opponents the ''pure liberals'', who wanted to make a completely-new constitution. Among them were Ponciano Arriaga, Guillermo Prieto, Francisco Zarco, José María Mata, and Santos Degollado. The discussions were heated and lasted over a year. President Comonfort interfered through its ministers for the moderate faction, which he preferred. Despite opposition from the executive branch and the minority, ''pure'' liberals ensured that their proposals successfully included: the prohibition of purchase of property by ecclesiastical corporations, the exclusion of the clergy in public office, the abolition of ecclesiastical and military ''fueros'' ( Juárez Law), and
freedom of religion Freedom of religion or religious liberty, also known as freedom of religion or belief (FoRB), is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice ...
. Those reforms were contrary to the interests of the
Catholic Church The Catholic Church (), also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.27 to 1.41 billion baptized Catholics Catholic Church by country, worldwid ...
. During the sessions of Congress, an insurrection for the clergy supported by conservatives, the staunchest opponents of the liberals, gathered force in Zacapoaxtla and
Puebla Puebla, officially the Free and Sovereign State of Puebla, is one of the 31 states that, along with Mexico City, comprise the Federal Entities of Mexico. It is divided into 217 municipalities and its capital is Puebla City. Part of east-centr ...
. Comonfort sent federal troops and defeated the rebels. The Constitution was promulgated on February 5, 1857, but the clergy threatened that whoever swore the Constitution would be excommunicated.


Major provisions

The Constitution of 1857, with 8 titles and 128 articles, was similar to the 1824 Constitution. Both
federalism Federalism is a mode of government that combines a general level of government (a central or federal government) with a regional level of sub-unit governments (e.g., provinces, State (sub-national), states, Canton (administrative division), ca ...
and representative
republicanism Republicanism is a political ideology that encompasses a range of ideas from civic virtue, political participation, harms of corruption, positives of mixed constitution, rule of law, and others. Historically, it emphasizes the idea of self ...
were again implemented, and there were 23
states State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a ...
, a
territory A territory is an area of land, sea, or space, belonging or connected to a particular country, person, or animal. In international politics, a territory is usually a geographic area which has not been granted the powers of self-government, ...
, and the
federal district A federal district is a specific administrative division in one of various federations. These districts may be under the direct jurisdiction of a federation's national government, as in the case of federal territory (e.g., India, Malaysia), or the ...
. It supported the autonomy of
municipalities A municipality is usually a single administrative division having municipal corporation, corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality' ...
in which each state was divided politically. These were most relevant articles: *2. Abolition of slavery. It was ratified by the Decree of Abolition of Slavery on September 15, 1829, by President
Vicente Guerrero Vicente Ramón Guerrero Saldaña (; baptized 10 August 1782 – 14 February 1831) was a Mexican military officer from 1810–1821 and a statesman who became the nation's second president in 1829. He was one of the leading generals who fought ag ...
. *3. Free public, secular education. *5. Freedom of vocation, with a ban on contracts with loss of freedom for the sake of work, education, or religious vows. *7. Freedom of speech. *10. Right to bear arms. *12. Abolition of titles of nobility. *13. Prohibition of privileges to individuals or institutions or of special courts ( Juárez Law). *22. Prohibition of cruel and unusual punishment or the confiscation of property. *23. Abolition of death penalty for political prisoners, (later modified to permit the execution of traitors under the law of 12 April 1869). *27. No civil or ecclesiastical corporation allowed to hold or manage real estate except buildings for services or for the purpose of the institution ( Lerdo Law). *30. Definition of Mexican nationality. *31. Obligations of Mexicans. *36. Obligations of citizens. *39. The sovereignty of the nation comes from the people. *40. Mexico is constituted as a representative, democratic, federal Republic, composed of free and sovereign States in everything concerning its internal regime. *50. Division of powers: executive, legislative, and judicial. *76. On the election of the president through indirect suffrage in the first degree and secret ballot. *77. Requirements to be elected president. *101 & 102. Amparo *123. Regulation of religion. *124. Prohibition on internal customs checkpoints. *128. Inviolability of the Constitution. Despite problems in Texas, some deputies unsuccessfully proposed a law granting certain rights to foreign colonization by arguing that the country needed to be settled.


Articles 101 & 102

In 1841, Mexican justice Manuel Crescencio Rejón () was instrumental in placing the inaugural Amparo in the constitution of the Republic of Yucatán (now the State of Yucatán), a procedure adopted to strengthen the judicial enforcement of individual rights in that state. In 1847, Rejón (from Yucatán) and Mariano Otero (considered the "second father of ''Amparo'') were members of the six-member committee appointed to draft up the new 1857 Federal Constitution, that abrogated the Seven Laws ("Siete Leyes"). Borrowing the Yucatán's Constitution, Otero promoted an Amparo procedure, known as the ''Fórmula Otero'', on the national level as part of the '' Act of Reforms'' ("") (Article 25), which was almost universally approved. The "Otero Formula", a provision of the Act of Reforms which persists today, provided that the protection granted by an ''amparo'' judgment should contain no general declarations about the law or act complained of, thus having no effect beyond preventing the application of the constitutionally defective law to the immediate party complainant. The 1847 Reform Act officially incorporated and amended, the Federal Constitution of 1824 (which made no mention of amparo), to operate while the next constitution was drafted (1857 constitution). The 1857 constitution was Mexico's first "constitutionalization" of a writ of Amparo. ''Amparo'' is the Spanish word for "protection" (literally also "favor", "aid", "defence", "shelter" or "help"). The generic legal concept of " amparo" is the annunciation of individual guarantees, and the judicial proceedings to protect those rights. Section 101 of the 1857 constitution established that the amparo will lie only against violations of individual rights. The conscious division of Amparo into two sections in the 1857 Mexican Constitution, as opposed to the United States Constitution, meant that, although it protects against violation of constitutional privileges, it may not issue an order to maintain respect for treaties and laws. The 1857 Constitution provided that a special law relating to the procedure and regulation of an amparo suit should be enacted subsequently. This law of Amparo was divided into four sections: 1) violations of individual rights; 2) violations of state sovereignty; 3) violations of the Power of the Union; and 4) decisions and sentences. The first Amparo Law had little effect due to the French intervention, first by the war in which the nation was then engaged, and later by the establishment of the Empire under Maxmilian of Austria which suspended constitutional government. The Secretary of Justice drafted and presented a new law at the end of the year 1868, which was approved by Congress and promulgated on 20 January 1869. This law was more simple in its procedure, establishing a single suit to be judged in a summary proceeding by the district courts of the federal judiciary. This was likewise also superseded by an Amparo law in 1882., promulgated on 14 December 1882 and effective the following year. The use of the legislative writ of Apmaro increased significantly during the life span of the 1857 constitution, for example in 1869 only 123 suits were decided, in 1880, only a little more than a decade later, the number of cases had risen to 2,108, and in a three-month period from June 1901 to August 1901 there were 957 amparo suits heard and decided. In 1897, the first Federal Code of Civil Procedure was enacted, which included an Amparo suit, thus effectively repealing the 1882 law, followed by a similar Federal Code of Civil Procedure provision in 1908, which reflected the jurisprudence of the Supreme Court. The writ of Amparo legislation transformed Amparo from "an instrument lacking precise contours to a true proceeding directed at violative official acts, with a particular emphasis placed on the protection of life and liberty of the citizens." The 1857 Constitution served as an important model for the subsequent current 1917 constitution, establishing a firm foundation for the amparo. The 1917 constitution largely tracks the 1857 constitution in order of article and text, only argumenting and clarifying certain clauses. Therefore, both of these amaro provisions featured in the subsequent 1917 Mexican constitution, i.e. article 101 (1857 version) was identical to article 103 (1917 version); and article 102 (1857 version) corresponded to article 107 (1917), with amendments Currently, amparo exists in 17 other countries, however, there is no comparable mechanism in the common law.


Federation

During the promulgation of the constitution, the nation was composed of 23 states and one federal territory.
Nuevo León Nuevo León, officially the Free and Sovereign State of Nuevo León, is a Administrative divisions of Mexico, state in northeastern Mexico. The state borders the Mexican states of Tamaulipas, Coahuila, Zacatecas, and San Luis Potosí, San Luis ...
merged with
Coahuila Coahuila, formally Coahuila de Zaragoza, officially the Free and Sovereign State of Coahuila de Zaragoza, is one of the 31 states of Mexico. The largest city and State Capital is the city of Saltillo; the second largest is Torreón and the thi ...
with the latter name being adopted. The creation of a new state and the admission of three of the four territories as free states of the federation also occurred. The only federal territory was
Baja California Baja California, officially the Free and Sovereign State of Baja California, is a state in Mexico. It is the northwesternmost of the 32 federal entities of Mexico. Before becoming a state in 1952, the area was known as the North Territory of B ...
. Also,
Mexico City Mexico City is the capital city, capital and List of cities in Mexico, largest city of Mexico, as well as the List of North American cities by population, most populous city in North America. It is one of the most important cultural and finan ...
was called the State of Valley of Mexico but only if the powers of the Federation moved to another site. On February 26, 1864, Nuevo León was separated from Coahuila and regained its status as a free state.


Opposition

In December 1856, Pope
Pius IX Pope Pius IX (; born Giovanni Maria Battista Pietro Pellegrino Isidoro Mastai-Ferretti; 13 May 1792 – 7 February 1878) was head of the Catholic Church from 1846 to 1878. His reign of nearly 32 years is the longest verified of any pope in hist ...
denounced the new Constitution and criticized the Juárez Law and the Lerdo Law: "All privileges of ecclesiastical jurisdiction are removed; it establishes that no one can absolutely enjoy emoluments that are a serious burden for society; everyone who can be bound by any obligation that implies either a contract, or a promise, or religious vows is prohibited; the free exercise of all cults is admitted, and everyone is granted the full power to manifest publicly and openly all kinds of opinions and thoughts." In March 1857, Archbishop José Lázaro de la Garza y Ballesteros stated that Catholics could not swear allegiance to the Constitution on pain of
excommunication Excommunication is an institutional act of religious censure used to deprive, suspend, or limit membership in a religious community or to restrict certain rights within it, in particular those of being in Koinonia, communion with other members o ...
. Justice Minister Ezequiel Montes met in the
Holy See The Holy See (, ; ), also called the See of Rome, the Petrine See or the Apostolic See, is the central governing body of the Catholic Church and Vatican City. It encompasses the office of the pope as the Bishops in the Catholic Church, bishop ...
with the Cardinal Secretary of State. The Pope accepted the Juárez Law and the disposals of the Lerdo Law but demanded the ability to acquire political rights. The negotiations were interrupted by the resignation of President Comonfort. In Mexico, the Congress presided over by Valentín Gómez Farías and the head of the Executive Comonfort swore the Constitution on 5 February 1857, which was promulgated on 11 March. Despite the fact that Comonfort won the elections, and that in December he should extend his mandate for a new presidential term, he considered that his popularity was seriously affected by the constitutional reforms in religious matters. In December he expressed his intention to reverse the reforms achieved by the Legislative branch. Conservatives began planning a coup. A conservative general,
Félix María Zuloaga Félix María Zuloaga Trillo (1813–1898) was a Mexican conservative general and politician who played a key role in the outbreak of the Reform War in early 1860, a war which would see him elevated to the presidency of the nation. President Zul ...
, epudiated the Constitution. On 17 December 1857, he proclaimed the Plan of Tacubaya, which sought repeal of the Constitution and the convening of a new Constituent Congress. During the coup against the Congress and the Constitution, several ministers of Presidential Cabinet resigned. The president of the
Supreme Court of Justice of the Nation The Supreme Court of Justice of the Nation (, SCJN) is the Mexican institution serving as the country's federal high court and the spearhead organisation for the judiciary of the Mexican Federal Government. Judges of the SCJN are appointed ...
,
Benito Juárez Benito Pablo Juárez García (; 21 March 1806 – 18 July 1872) was a Mexican politician, military commander, and lawyer who served as the 26th president of Mexico from 1858 until his death in office in 1872. A Zapotec peoples, Zapotec, he w ...
, and the president of
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
, Isidoro Olvera, were taken prisoner. On December 19, Mexican President Ignacio Comonfort adhered to the plan: "I just change my legal title of president, by those of revolutionary miserable." The states of
México Mexico, officially the United Mexican States, is a country in North America. It is the northernmost country in Latin America, and borders the United States to the north, and Guatemala and Belize to the southeast; while having maritime boundar ...
,
Puebla Puebla, officially the Free and Sovereign State of Puebla, is one of the 31 states that, along with Mexico City, comprise the Federal Entities of Mexico. It is divided into 217 municipalities and its capital is Puebla City. Part of east-centr ...
,
San Luis Potosí San Luis Potosí, officially the Free and Sovereign State of San Luis Potosí, is one of the 32 states which compose the Federal Entities of Mexico. It is divided in 59 municipalities and is named after its capital city, San Luis Potosí. It ...
,
Tlaxcala Tlaxcala, officially the Free and Sovereign State of Tlaxcala, is one of the 32 federal entities that comprise the Political divisions of Mexico, Federal Entities of Mexico. It is divided into Municipalities of Tlaxcala, 60 municipalities and t ...
and
Veracruz Veracruz, formally Veracruz de Ignacio de la Llave, officially the Free and Sovereign State of Veracruz de Ignacio de la Llave, is one of the 31 states which, along with Mexico City, comprise the 32 Political divisions of Mexico, Federal Entit ...
agreed the plan. Veracruz changed from supporting the conservatives to the liberals in a major blow against Comonfort. Zuloaga distrusted the president, because he thought that he was returning to the side of the Liberals. Without any alternative, Comonfort resorted to the ''pure'' and released Juárez and other political prisoners. On January 11, 1858, Comonfort resigned and left with a guard for
Veracruz Veracruz, formally Veracruz de Ignacio de la Llave, officially the Free and Sovereign State of Veracruz de Ignacio de la Llave, is one of the 31 states which, along with Mexico City, comprise the 32 Political divisions of Mexico, Federal Entit ...
. On 7 February, he sailed for exile in the United States. As head of the Supreme Court, Juárez became president of Mexico on 21 January 1858.El Colegio de México, ''Op.cit.'' p.597-598


Immediate impact

Conservatives refused to recognize the new constitution or the liberal government. Conservative Félix Zuloaga established a Conservative Government in
Mexico City Mexico City is the capital city, capital and List of cities in Mexico, largest city of Mexico, as well as the List of North American cities by population, most populous city in North America. It is one of the most important cultural and finan ...
; through the promulgation of Five Laws repealed the liberal reforms. Liberal were forced to move the seat of government to
Guanajuato Guanajuato, officially the Free and Sovereign State of Guanajuato, is one of the 32 states that make up the Political divisions of Mexico, Federal Entities of Mexico. It is divided into Municipalities of Guanajuato, 46 municipalities and its cap ...
. Armies of the two opposing governments clashed in the Reform War. States of
Jalisco Jalisco, officially the Free and Sovereign State of Jalisco, is one of the 31 states which, along with Mexico City, comprise the 32 Political divisions of Mexico, Federal Entities of Mexico. It is located in western Mexico and is bordered by s ...
,
Guanajuato Guanajuato, officially the Free and Sovereign State of Guanajuato, is one of the 32 states that make up the Political divisions of Mexico, Federal Entities of Mexico. It is divided into Municipalities of Guanajuato, 46 municipalities and its cap ...
,
Querétaro Querétaro, officially the Free and Sovereign State of Querétaro, is one of the Political divisions of Mexico, 32 federal entities of Mexico. It is divided into Municipalities of Querétaro, 18 municipalities. Its capital city is Querétaro Cit ...
,
Michoacán Michoacán, formally Michoacán de Ocampo, officially the Free and Sovereign State of Michoacán de Ocampo, is one of the 31 states which, together with Mexico City, compose the Political divisions of Mexico, Federal Entities of Mexico. The stat ...
,
Nuevo León Nuevo León, officially the Free and Sovereign State of Nuevo León, is a Administrative divisions of Mexico, state in northeastern Mexico. The state borders the Mexican states of Tamaulipas, Coahuila, Zacatecas, and San Luis Potosí, San Luis ...
,
Coahuila Coahuila, formally Coahuila de Zaragoza, officially the Free and Sovereign State of Coahuila de Zaragoza, is one of the 31 states of Mexico. The largest city and State Capital is the city of Saltillo; the second largest is Torreón and the thi ...
,
Tamaulipas Tamaulipas, officially the Free and Sovereign State of Tamaulipas, is a state in Mexico; one of the 31 states which, along with Mexico City, comprise the 32 federal entities of Mexico. It is divided into 43 municipalities. It is located in nor ...
,
Colima Colima, officially the Free and Sovereign State of Colima, is among the 31 states that make up the 32 Federal Entities of Mexico. It shares its name with its capital and main city, Colima. Colima is a small state of western Mexico on the cen ...
and
Veracruz Veracruz, formally Veracruz de Ignacio de la Llave, officially the Free and Sovereign State of Veracruz de Ignacio de la Llave, is one of the 31 states which, along with Mexico City, comprise the 32 Political divisions of Mexico, Federal Entit ...
supported the liberal government of Benito Juárez and the Constitution of 1857. States of
México Mexico, officially the United Mexican States, is a country in North America. It is the northernmost country in Latin America, and borders the United States to the north, and Guatemala and Belize to the southeast; while having maritime boundar ...
,
Puebla Puebla, officially the Free and Sovereign State of Puebla, is one of the 31 states that, along with Mexico City, comprise the Federal Entities of Mexico. It is divided into 217 municipalities and its capital is Puebla City. Part of east-centr ...
,
San Luis Potosí San Luis Potosí, officially the Free and Sovereign State of San Luis Potosí, is one of the 32 states which compose the Federal Entities of Mexico. It is divided in 59 municipalities and is named after its capital city, San Luis Potosí. It ...
, Chihuahua,
Durango Durango, officially the Free and Sovereign State of Durango, is one of the 31 states which make up the Political divisions of Mexico, 32 Federal Entities of Mexico, situated in the northwest portion of the country. With a population of 1,832,650 ...
,
Tabasco Tabasco, officially the Free and Sovereign State of Tabasco, is one of the Political divisions of Mexico, 32 Federal Entities of Mexico. It is divided into Municipalities of Tabasco, 17 municipalities and its capital city is Villahermosa. It i ...
,
Tlaxcala Tlaxcala, officially the Free and Sovereign State of Tlaxcala, is one of the 32 federal entities that comprise the Political divisions of Mexico, Federal Entities of Mexico. It is divided into Municipalities of Tlaxcala, 60 municipalities and t ...
,
Chiapas Chiapas, officially the Free and Sovereign State of Chiapas, is one of the states that make up the Political divisions of Mexico, 32 federal entities of Mexico. It comprises Municipalities of Chiapas, 124 municipalities and its capital and large ...
,
Sonora Sonora (), officially Estado Libre y Soberano de Sonora (), is one of the 31 states which, along with Mexico City, comprise the Administrative divisions of Mexico, Federal Entities of Mexico. The state is divided into Municipalities of Sonora, 72 ...
,
Sinaloa Sinaloa (), officially the (), is one of the 31 states which, along with Mexico City, compose the Federal Entities of Mexico. It is divided into 18 municipalities, and its capital city is Culiacán Rosales. It is located in northwest Mexic ...
,
Oaxaca Oaxaca, officially the Free and Sovereign State of Oaxaca, is one of the 32 states that compose the political divisions of Mexico, Federative Entities of the Mexico, United Mexican States. It is divided into municipalities of Oaxaca, 570 munici ...
and
Yucatán Yucatán, officially the Free and Sovereign State of Yucatán, is one of the 31 states which, along with Mexico City, constitute the 32 federal entities of Mexico. It comprises 106 separate municipalities, and its capital city is Mérida. ...
supported the conservative government of Zuloaga. After the Liberal government won the Reform War, President Juárez and his government added to the Constitution of 1857, the Reform Laws that had been enacted in
Veracruz Veracruz, formally Veracruz de Ignacio de la Llave, officially the Free and Sovereign State of Veracruz de Ignacio de la Llave, is one of the 31 states which, along with Mexico City, comprise the 32 Political divisions of Mexico, Federal Entit ...
. Because of the civil war, the Constitution remained without effect on almost all the country until January, 1861, when the Liberals returned to the capital. In 1862, as a result of Franco-Mexican War and the establishment of Second Mexican Empire, the Constitution was suspended. In 1867 the liberal, republican forces succeeded in ousting the monarchy, and restored the Republic and bringing the constitution into effect.


Replacement by the Constitution of 1917

The winning faction of the
Mexican Revolution The Mexican Revolution () was an extended sequence of armed regional conflicts in Mexico from 20 November 1910 to 1 December 1920. It has been called "the defining event of modern Mexican history". It saw the destruction of the Federal Army, its ...
, the Constitutionalists fought in the name of the Constitution of 1857, with the explicit understanding that they fought for constitutional order. During the Porfiriato, Díaz had strengthened the power of the executive and place his loyalists in power in most Mexican state governments, creating a centralized government. Díaz's critics viewed him as a dictator. On February 5, 1903, a liberal group protesting the regime placed on the balcony of the offices of the newspaper ''El hijo de El Ahuizote'' a great black banner for mourning with the legend "The Constitution is dead." Less well known is that Reform liberals, including Benito Juárez and Ignacio Comonfort saw the flaws of the 1857 constitution, which undercut the power of the executive. With the triumph of the Constitutionalists on the battlefield, there was a reassessment of the constitutional framework. Venustiano Carranza initially opposed calls for drafting an entirely new constitution in 1916, but advisers convinced him that doing that would be far easier than doing piecemeal amendments to the lengthy and complex charter for the nation.


See also

* Liberal Reform * Reform War * Reform laws * French intervention in Mexico * Second Mexican Empire * Constitutions of Mexico * Federal Constitution of the United Mexican States of 1824 * Political Constitution of the United Mexican States of 1917 (''currently in force'') *
Politics of Mexico The politics of Mexico function within the framework of a federation, federal presidential system, presidential representative democracy, representative democratic republic whose government is based on a multi-party congressional system, wher ...
* History of democracy in Mexico


Notes

*The fueros were privileges that kept the military and clergy to forbade members of these two groups were judged by the law, which effectively put them above the law and that no matter what kind of crime they committed, could not be judged, or in the best cases judged by special courts.


References


Further reading

* Hale, Charles A. ''The Transformation of Liberalism in Late Nineteenth-Century Mexico''. Princeton: Princeton University Press 1989. * Hamnett, Brian. "The Comonfort presidency, 1855-1857," ''Bulletin of Latin American Research'' (1996) 15#1 pp 81–10
in JSTOR
* Knapp, Frank A, Jr., "Parliamentary Government and the Mexican Constitution of 1857: A Forgotten Phase of Mexican Political History," ''Hispanic American Historical Review'' (1953) 33#1 pp. 65–8
in JSTOR
* Knowlton, Robert J. "Some practical effects of clerical opposition to the Mexican Reform, 1856-1860." The Hispanic American Historical Review 45.2 (1965): 246–256. * Perry, Laurens Ballard. ''Juárez and Díaz: Machine Politics in Mexico''. DeKalb: Northern Illinois University Press 1978. * Scholes, Walter V. "Church and State at the Mexican Constitutional Convention, 1856-1857" ''The Americas'', vol. 5, no. 1. * Scholes, Walter V. ''Mexican Politics during the Juárez Regime 1855-1872'' (University of Missouri Press, 1957) * Sinkin, Richard N. ''The Mexican Reform, 1856-1876:A Study in Liberal Nation-Building'' (University of Texas Press, 1979)


In Spanish

* Cosío Villegas, Daniel. ''La constitución de 1857 y sus críticos''. Mexico City: SepSetentas 98, 1973. *García Granados, Ricardo. ''La constitución de 1857 y los leyes en México''. Mexico City: Tipografía Económica 1906. *Guerra, François-Xavier, ''México: del antiguo régimen a la revolución''. Vol. 1. Mexico City: Fondo de Cultura Económica 1988. *
El Colegio de México El Colegio de México, A.C. (commonly known as Colmex, English: The College of Mexico) is a Mexican institute of higher education, specializing in teaching and research in social sciences and humanities. The college was founded in 1940 by the Me ...
(2009) ''Historia general de México, versión 2000'' capítulo "El liberalismo militante", Lilia Díaz, México, ed.El Colegio de México, Centro de Estudios Históricos, * Reyes Heroles, Jesús (2002) ''Los caminos de la historia'', edición de Eugenia Meyer, México, ed.Universidad Nacional Autónoma de México,
texto en la web
consultado 3 de noviembre de 2009 *Rabasa, Emilio. ''La constitución y la dictadura: Estudio sobre la organización política de México''. Mexico City: Porrúa 1974. *Ruiz Castañeda, María del Carmen. ''La prensa periódicoa en torno a la Constitución de 1857''. Mexico City: Instituto de Investigaciones Sociales, UNAM 1959. * Tena Ramírez, Felipe (1997) ''Leyes fundamentales de México 1808-1992'' México, ed.Porrúa
texto en la web
consultado el 23 de octubre de 2009 * Valadés, Diego; Carbonell, Miguel (2007) ''El proceso constituyente mexicano: a 150 años de la Constitución de 1857 y 90 de la Constitución de 1917'', "El congreso constituyente de 1856-1857: el decenio de su entorno" Fernando Zertuche Muñoz, México, ed.Universidad Nacional Autónoma de México,
texto en la web
consultado el 23 de octubre de 2009


External links

* Instituto de Investigaciones Jurídicas de la UNA
Constitución Política de la República Mexicana de 1857
accessed October 23, 2009 * Archivo General de la Nació

accessed October 23, 2009 * Instituto de Investigaciones Legislativas del Senado de la República,
El federalismo mexicano (elementos para su estudio)
' accessed November 22, 2009 {{Authority control Constitutions of Mexico 1857 in law 1857 in Mexico Defunct constitutions Modern Mexico Legal history of Mexico Liberalism in Mexico 1857 documents 1857 establishments in Mexico