The Mexican Constitution of 1917 celebrates its 100th anniversary this year, a feat of sustained observance of rule of law. It is a milestone worthy of celebration not only by Mexicans, but also by other like-minded nations around the world, which should use this occasion to reflect on the fact that Mexico recognizes that democracy succeeds only when the three separate branches of government — executive, legislative and judicial — are allowed to function as co-equal elements in a system of government. The constitution, by not having suffered a wholesale repeal or replacement in the last 100 years, demonstrates that Mexico has achieved a significant measure of sustained governance despite the many challenges the country has faced in modern times.
To be sure, the Mexican tome has evolved so much over the past century and has undergone at least 700 amendments, so much so that the current constitution can arguably seem to be different than the original. However, to understand why so many changes have been made, and what the current document represents, one has to look at the conditions Mexico faced when the constitution was originally written, reflect on how Mexico has evolved in the interim and take into consideration the current state of affairs affecting the Mexican state.
The 1917 Mexican Constitution resulted from a national revolution that had been sparked by what many in Mexican society saw as an executive branch that had exceeded its power and ignored its fledgling judicial and legislative branches. In a similar vein, the U.S. Constitution reflected the colonists’ desire to ensure that their newly formed government would not be ruled with the same absolute power that the King of England had exercised over them prior to the revolution.
The Mexican Constitution of 1917 restored many social justice rights to Mexican citizens that had been usurped or ignored by the government during its formative years. Most importantly to Mexicans, the new constitution limited presidential administrations to only one six-year term, thereby restraining the executive branch from being able to maintain control in the unimpeded manner by which pervious governments had ruled. Subsequently, the Mexican Constitution saw numerous reforms that elevated many social issues to the national stage with such importance that they were ratified as amendments. These included enhanced observance of human rights, property rights, agrarian reform, educational reforms, labor laws, women’s suffrage, church-state relations and, most recently, regulatory reforms that included the emergence of transparency organizations and ideals, such as measures assuring that crimes committed by military forces that affected the rights of Mexican citizens would be prosecuted in civilian courts.
The many amendments to Mexico’s Constitution reflect a desire by the government to do what’s right for its people, to evolve in a meaningful way and to participate in world affairs as a serious member of the global community. Notwithstanding organized crime and a related lackluster performance in the criminal law sector, when viewed from a strategic perspective, the Mexican rule of law is strong and thrives in many sectors, including civil law, business law, international law and other judicial channels. This steady state demonstrates Mexico’s commitment to a set of core values, which is reflected in the manner by which Mexico has systematically attempted to make corrections to its constitution, and thereby to its judicial system, in a time of perceived lawlessness.
While not readily apparent, the U.S. and Mexico share a common value system that demonstrates that both nations share the same principles of democracy and freedom, which emanates from the articles of their respective constitutions. As a nation that provides leadership and guidance to the free world, the U.S. needs to draw closer to Mexico and not push it away, especially at a time when Mexico is still struggling to develop an identity that very closely mimics the “American way.” It is imperative that the U.S. works with our Mexican neighbors to help the country continue to change positively and in ways that bring both nations closer and not apart. The U.S. should celebrate Mexico’s constitutional centennial as a harbinger of more good things to come as we look at our own turbid history as an example of how any nation can overcome periods of upheaval and rise up to be great again.
Gary J. Hale is the nonresident fellow in drug policy and Mexico studies at the Baker Institute. From 2000 to 2010, he held the position of chief of intelligence in the Houston Field Division of the Drug Enforcement Administration, from which he retired in July 2010.
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