CONSTITUTION OF THE UNITED MEXICAN STATES
February 5, 1917
(with subsequent changes)
SECTION ONE
Chapter I. On guarantees of individual rights
Article 1.
In the United Mexican States, every person enjoys the rights granted by this Constitution. These rights cannot be limited, and their action cannot be suspended, except for the cases and conditions provided for in this Constitution.
Article 2.
Slavery is prohibited in the United Mexican States. Slaves who enter the state territory of the state from abroad thereby become free and enjoy the protection of the laws.
Article 3.
Education offered by the State - the Federation, the states, the municipalities - has the goal of developing all human abilities and at the same time cultivating love of country and a consciousness of international solidarity in the spirit of independence and justice.
I. Inasmuch as Article 24 guarantees freedom of religion, the principles which shall guide said education shall have nothing to do with any religious doctrine whatsoever and, based on the progress of science, shall serve to combat ignorance and its consequences, slavery, fanaticism and prejudice. This kind of education:
a) must be democratic, with the fact that democracy means not only a legal system and a political regime, but also an order of life based on the continuous improvement of the economic, social and cultural condition of the people;
b) must be national because, without hostility and one-sidedness, it serves the understanding of our tasks, the use of our resources, the defense of our political independence, the strengthening of our economic independence, continuity and the development of our culture;
(c) shall promote the improvement of relations between men, strengthening and at the same time introducing, together with respect for the dignity of the individual and the integrity of the family, the recognition of public interests, and in addition promoting the ideals of brotherhood and equality of all men, avoiding all privileges on account of race, sect, group, sex or personality.
II. Private individuals are capable of disseminating education of all types and levels. However, in the field of primary, secondary and teacher education (as well as in the field of education of all types and levels designed for workers and peasants), private teachers in each individual case must first obtain special permission from the state authorities. Such permission may be refused, and already given permission may be canceled by a decision that is not subject to appeal in court or in any other manner.
III. Private educational institutions of the types and levels specified in the previous paragraph are required, without exception, to comply with the provisions of paragraphs I and II of this article and act in accordance with official plans and programs.
IV. Religious corporations, ministers of worship, joint stock companies that exclusively or predominantly carry out educational activities, and in addition associations and societies engaged in the dissemination of religious teachings, are in no way allowed to participate in the activities of institutions providing primary, secondary and teacher education and education for workers and peasants.
V. The state has the right, at its discretion, at any time, to annul the recognition of the official validity of education received in private educational institutions.
VI. Primary education is compulsory.
VII. Education offered by the State is free.
VIII. The Federal Congress, with a view to creating a uniform system of education throughout the Republic, shall make the necessary laws for the distribution of the social function of education among the Federation, the states and municipalities, for the allocation of appropriations for this branch of public service and for the imposition of penalties on officials who do not obey or do not ensure obedience to the relevant provisions, and in addition on persons who violate these provisions.
Article 4.
No one can be prohibited by law from choosing any profession, engaging in any industrial or commercial activity or business of his choice. The use of this right can be prohibited only by a court decision in cases where the rights of other persons are violated, or by an administrative order issued in accordance with the procedure specified by law when the rights of society are violated. No one can be deprived of the results of their labor except by a court decision.
The law defines in each state the professions that require a diploma for their occupation, and also specifies the conditions for obtaining it and the authorities authorized to issue it.
Article 5.
No one has the right to be forced to perform work without due remuneration and without his full consent, except for work imposed by the judicial authority as a penalty under the provisions established in paragraphs I and II of Article 123.
Only the following public duties are mandatory within the limits established by the relevant laws: military service, jury service, the position of municipal councilor, and in addition to this, positions held by popular election, direct or indirect. Responsibilities in connection with elections and national censuses are considered compulsory and free of charge. Professional activities of a public nature are compulsory and legally remunerated, with exceptions provided by law.
The State does not allow contracts, conditions or agreements the implementation of which is intended to limit, lose or permanently renounce individual freedom, whether in connection with work, study or religious vow.
According to this, the law prohibits the establishment of monastic orders, regardless of their names or purposes.
No one's consent to outlawry or exile, or to renunciation temporarily or permanently from a particular profession or industrial or commercial activity, is valid.
An employment contract obliges only to perform certain work for a period determined by law and which cannot exceed one year to the detriment of the interests of the worker; In no case can an employment contract provide for the waiver, loss or limitation of civil or political rights.
Failure to fulfill an employment contract on the part of the worker entails only civil liability for the damage caused, but in no case can it entail violence against the individual.
Article 6.
Expressions of belief shall not be the subject of judicial or administrative proceedings unless they violate good morals or the rights of another, incite a crime, or cause a breach of public order.
Article 7.
The freedom to write and publish on any topic is inviolable. No law or authority has the right to impose prior censorship, require guarantees from authors or publishers, or restrict the freedom of the press. The limits to this freedom are determined by your due respect for privacy, morals and the public peace. Under no circumstances may the printing house be seized as an instrument of crime.
Organic laws are required to provide for the measures necessary to prevent the imprisonment, under the pretext of combating crimes in the press, of print dealers, newspaper sellers, printing workers and other employees of the establishment that published the work against which prosecution is instituted, unless the guilt of these persons is previously proven.
Article 8.
Public officials and employees must respect the right to petition as long as it is submitted in writing, in a peaceful and dignified manner; At the same time, only citizens of the Republic can exercise the right of petition on political issues. For each petition, the official to whom it is filed must give a written response, bringing it to the attention of the petitioner as soon as possible.
Article 9.
The right to peacefully assemble and associate for any purpose permitted by law cannot be limited, but only citizens of the Republic can exercise this right to discuss the political affairs of the state. Armed meetings to discuss any issues are not permitted.
An assembly for the purpose of petitioning or protesting any act to the authorities shall not be considered unlawful and shall not be liable to be dissolved, unless there is an insult to the authority, or violence or threats intended to intimidate or compel the said authority to give a favorable decision.
Article 10.
The people of the United Mexican States have the right to possess arms of every kind for their safety and for their permitted defense, except those prohibited by law or those which the State gives for the exclusive use of the army, navy, and national guard; However, when carrying weapons in populated areas, police regulations must be observed.
Article 11.
Everyone has the right to enter and leave the Republic, the right to move within its territory and change their place of residence without a pass, passport, identity card or other similar document. The exercise of this right is subject to submission to the court in the case of criminal or civil liability, and to the administration in the case of restrictions imposed by the immigration, emigration and health laws of the country or in relation to unwanted aliens residing in the country.
Article 12.
No titles of nobility, hereditary privileges or honors in the United Mexican States or similar grants of other countries are valid.
Article 13.
No one is capable of being judged on the basis of a special law or by special courts. No person or corporation shall have privileges or receive remuneration other than that which constitutes compensation for public service provided by law. Military courts are established to consider cases of crimes against military discipline and its violations; however, in no case can military courts extend their jurisdiction to persons who are not military personnel. If a civilian is involved in a military crime or violation of military discipline, the case is dealt with by the appropriate civilian authorities.
Article 14.
No law shall have retroactive effect to the detriment of any person.
No person shall be deprived of life, liberty, property, possession or rights without trial in a duly constituted court, in accordance with the fundamental principles of legal proceedings and in accordance with laws enacted before the commission of the act charged.
In criminal cases, punishment cannot be determined only by analogy or on the basis of evidence a priori. The penalty must be specified in the law applicable in all respects to the crime in question.
In civil cases, the final decision must be in accordance with the letter or legal interpretation of the law, and in the absence of a law, the decision must be based on the general principles of law.
Article 15.
It is not permissible to conclude an agreement on the extradition of political offenders, and in addition of criminal offenders, if they were enslaved in the country where the crime was committed; In addition, it is not allowed to conclude a contract or agreement that limits the guarantees and rights established by this Constitution for a person and a citizen.
Article 16.
Any measures directed against the person of a citizen, his family, home, papers or property can only take place by order of the competent authorities, containing an indication of the legal and factual grounds for the measure taken. An order for the arrest or detention of a person can only be issued by a competent judicial authority if it is preceded by a charge, arraignment or complaint for a specified act punishable by imprisonment, supported by the sworn testimony of a person in a position of confidence or other evidence which is reasonably likely to indicate the guilt of the accused; in cases of criminals and their accomplices caught at the scene of a crime, their detention can be carried out by any person with immediate presentation to the nearest authorities. Only in urgent cases, when the investigation is conducted by the public prosecutor without a private complaint or indictment and if there are no judicial authorities on the spot, then the administrative authorities, under their strictest responsibility, have the opportunity to order the detention of the accused, immediately transferring him to the disposal of the judicial authorities. All search warrants, which can only be issued by the judicial authorities, and that only in writing, shall specify the place to be searched, the person or persons to be arrested and the objects sought; the search process must be limited to the scope specified in the warrant. At the end of the search, he should draw up a detailed report in the presence of two witnesses proposed by the person residing in the place searched, and in the absence of this person or if he refuses, by the authorities who are conducting the search.
Administrative authorities have the right to enter private houses only for the purpose of checking compliance with sanitary or police regulations; they have the right, in addition, to demand the production of books and documents necessary to verify compliance with tax requirements, observing in these latter cases the provisions of the relevant laws and the procedure prescribed for the search.
Article 17.
No one can be imprisoned for debts of a purely civil nature. No one may exercise arbitrary justice or resort to violence to exercise his rights. Courts administer justice within the terms and conditions specified by law; The administration of justice is free of charge; for this reason, the collection of legal fees is prohibited.
Article 18.
Pre-trial detention can only take place if a crime carries a prison sentence. Places of pre-trial detention should be completely separate from places of serving your sentence.
The federal and state governments organize the prison system - colonies, jails or prisons - within their respective territories based on the work activities of prisoners as a means of correction.
Article 19.
No detention can last more than three days without a formal arrest warrant, which must specify; the crime charged; its essence; the place, time and circumstances of the commission of the crime and the facts that emerged during the preliminary investigation. These facts must be sufficient to establish the crime and the alleged guilt of the accused. Violation of these requirements entails prosecution of the persons who gave the order for the arrest or consented to the arrest, as well as government officials, police officers, prison governors or prison guards who carried out this order.
Proceedings take place only for the crime or crimes specified in the lawful arrest order. If, during the investigation, the accused committed another crime, different from the one with which he is accused, he must be brought against a special charge. This does not prevent the merger of both proceedings, if such a merger is appropriate.
Any other treatment at the time of arrest or while in prison, any persecution without legal grounds, any demand for money or collection of fees in prison is considered an abuse of power, which must be suppressed by law and punished by the authorities.
Article 20.
When considering a criminal case, the accused is provided with the following guarantees:
I. The accused shall be immediately released upon his request and upon presentation of bail, set by the judge based on the situation of the accused and the gravity of the crime with which he is accused, provided, however, that the crime does not entail imprisonment for a term exceeding five years. Release requires only the payment of a specified amount to the authorities or the presentation of appropriate security or a personal bond, for which the judge who accepted it is responsible.
The security or bond may in no case exceed 250 thousand pesos, except in such cases where the accused has derived pecuniary benefit from the crime or the victim has suffered pecuniary damage; in these cases, the security must be at least three times the amount of benefit received or damage suffered.
II. The accused has no right to be forced to act as a witness against himself, and therefore isolating the accused or other means to achieve this goal is strictly prohibited.
III. No later than 48 hours after the accused is handed over to the judicial authorities, he must be informed of the name of the accuser, the nature and reasons of the accusation, so that he is aware of the crime charged against him, can respond to the accusation and make a preliminary statement.
IV. The accused has the right to purchase a confrontation with witnesses who appear against him and who, if placed at the place of trial, you should give your evidence in his presence, so that he can cross-examine them in his defense.
V. All the witnesses presented by the accused must be heard and their testimony examined, for which he is given a period that the law considers necessary for this purpose; he shall be assisted in securing the appearance of persons whom he requests to be heard, provided that these persons are located at the place of trial.
VI. The accused has the right to be tried in a public hearing by a judge or jury consisting of citizens who can read and write and who are residents of the locality in which the crime was committed, provided that it entails imprisonment of more than one year. The accused always has the right to a trial by jury in the case of crimes committed in the press against public order or against the internal or external security of the State.
VII. The accused is provided with all the information that he requires for his defense and that may be needed during the hearing.
VIII. The accused must be tried within four months for a crime for which the penalty does not exceed two years' imprisonment, and no later than one year if the maximum penalty is longer than that.
IX. The accused must be heard in his own defense in person or through counsel, or in both ways at the same time, at his option. If he does not have a lawyer, he is provided with a list of official defenders so that he can choose one or more for his defense. If the accused does not name a defense attorney after he has been offered one during the preliminary investigation, the court will appoint an official defense attorney for him. The accused has the opportunity to name his lawyer immediately after his arrest and has the right to have a lawyer present at all stages of the trial; at the same time, he is obliged to ensure the appearance of the defense lawyer every time the court requires it.
X. Pre-trial detention or imprisonment may in no case be extended due to non-payment of remuneration to the defense counsel or non-fulfillment of another monetary obligation on grounds of civil liability or other similar grounds.
The period of pre-trial detention may not exceed the term of the highest penalty established by law for the crime charged.
The time of pre-trial detention is counted towards the term of imprisonment imposed by the sentence.
Article 21.
The imposition of punishment is the exclusive competence of the judicial authorities. The prosecution of crimes is the responsibility of the prosecutor's office and the judicial police, which is located under the direct command and direction of the prosecutor's office. The application of penalties for violation of municipal and police regulations falls within the competence of the administrative authorities. Such punishments may only be imposed in the form of a fine or arrest for a period of up to 36 hours; If the offender does not pay the fine imposed on him, the latter is replaced by arrest for the appropriate period, which in no case can exceed 15 days.
If the offender is a day laborer or a labourer, the punishment imposed on him may not be expressed in a fine exceeding, respectively, a day's or a week's wages.
Article 22.
Mutilating or dishonoring punishments, branding, lashing or caning, torture of any kind, excessive fines, confiscation of property or other unusual or excessive punishments are prohibited.
The imposition of a judicial seizure of all or part of the property for payment of a civil claim arising from a crime, or for the payment of taxes or fines, does not constitute confiscation of property.
Moreover, the death penalty for political crimes is prohibited; As for other crimes, the death penalty can only be imposed for high treason during a war with a foreign power, for parricide, murder with premeditated intent or for mercenary purposes, for arson, kidnapping, highway robbery, piracy and serious military crimes.
Article 23.
No criminal case can go through more than three instances. No one has the opportunity to be tried twice for the same crime, having been acquitted or convicted of it once. The procedure for the final resolution of cases in only one instance is abolished.
Article 24.
Everyone is free to choose the religion of his choice and to perform the ceremonies, rites and duties of his religion in places of religious worship or in his home, provided that these ceremonies and rites are not considered an offense punishable by law.
All public acts of religious worship must be performed within the confines of churches, which are always located under the supervision of the authorities.
Article 25.
Sealed correspondence sent by mail is not subject to inspection, and violation of this is punishable by law.
Article 26.
In peacetime, military personnel do not have the right to billet in private houses without the consent of the homeowners or impose any obligations on the latter. In wartime, military personnel have the right to demand the provision of premises, equipment, supplies and other assistance in the manner prescribed by wartime law.
Article 27.
The original ownership of lands and waters within state territory belongs to the State, which had and has the right to transfer them to private individuals, thereby creating private property.
Expropriation of private property can be carried out only for reasons of public benefit and subject to payment of compensation.
The state at any time has the right to impose restrictions on private property as required by the public interest, and in addition to regulate the use of natural resources that may be the subject of appropriation, to ensure their preservation and a more equitable distribution of state property. For these purposes, mandatory measures must be taken to fragment the latifundia, develop small land properties that are in exploitation, form new agricultural communities with the necessary land and water, promote agriculture in general and prevent the destruction of natural resources, protect property from harm to the detriment of public interests. Settlements that currently do not have land and water or have them in sufficient quantities for the needs of the population have the right to obtain them at the expense of adjacent properties, and small land property in exploitation must always be respected.
The direct property of the State are all minerals or elements that, being in veins, layers, and in addition in massive or focal deposits, have a different nature than the earth itself; these are the minerals from which metals and metalloids are extracted, deposits of precious stones and places where rock salt is mined, and in addition to this, salt deposits formed directly by sea water, products of the destruction of rocks, the extraction of which requires underground work, deposits of minerals or organic substances that can be used as fertilizer, solid mineral fuels, petroleum and all other hydrocarbons in solid, liquid or gaseous states.
The property of the State also includes territorial waters within the limits determined by international law, the waters of lagoons and estuaries that are connected permanently or periodically with the sea, the waters of inland lakes of natural origin that are directly connected with running waters, the waters of rivers and their direct or indirect tributaries from their headwaters to their mouths, whether they flow into the sea or cross two or more states, the waters of permanent or periodic streams and their direct or indirect tributaries, when the beds of streams, in whole or in part, serve as the boundary of a state territory or two states, or pass from one state to another, or cross the border of the Republic; the waters of lakes, lagoons or branches of rivers whose reservoirs, zones or banks are crossed by state boundaries or the boundary between the Republic and a neighboring country, or where the banks serve as a boundary between two states or the Republic and a neighboring country; waters from sources located on the sea coast, in river beds, in reservoirs or on the banks of lakes or river branches that are national property, and in addition flowing from mines. Groundwater can be freely extracted through artificial works and used by the owner of the land; however, when public interest or other circumstances require it, the federal government determines the procedure for their extraction and use and even establishes exclusion zones, as in relation to waters that are government property. Other water streams not included in this list are considered to be an integral part of the property through which they flow or on which their reservoirs are located; however, the waters flowing from one property to another are located for public use and are subject to the laws made by the states.
In the cases referred to in the two previous paragraphs, the property of the State is considered unconditional and inalienable. Only the Federal Government is capable of granting concessions to private individuals, civil or commercial corporations formed under the laws of Mexico, provided that permanent enterprises are established for the exploitation of these resources and that all regulations prescribed by law are observed. The surrender of concessions for oil and other solid, liquid and gaseous hydrocarbons is not permitted; the law determines the manner in which the State may exploit these resources.
The right to acquire ownership of public lands and waters is governed by the following provisions:
1. Only Mexicans by birth or naturalization and Mexican corporations have the right to acquire ownership of lands, waters and their appurtenances or to grant concessions for the exploitation of mines and the use of waters and mineral fuels in the Mexican Republic. The State may grant the same right to foreigners, provided that they declare to the Ministry of Foreign Affairs their consent to be treated as Mexicans in respect of the property in question and that they undertake not to seek assistance from their governments in matters relating to such property; If these conditions are not met, they are deprived of the acquired property in favor of the state.
In the 100-kilometer border zone and within 50 km along the sea coast, foreigners may under no circumstances acquire land and water directly as their own.
The state, based on the internal interests of the state and on the basis of the principle of reciprocity, has the right, at the discretion of the Ministry of Foreign Affairs, to provide foreign states with the right to acquire private ownership in the permanent location of the highest state bodies of the Federation of real estate to directly serve the needs of embassies or missions.
II. Religious associations called churches, regardless of religion, are under no circumstances allowed to acquire, own or manage real estate or accept it as collateral; property currently in such possession, directly or through third parties, is returned to the State, and any person has the right to indicate property of this kind. Such an instruction is considered justified if there is no evidence to the contrary. Places of public worship are considered the property of the State, represented by the Federal Government, which determines which of them may continue to be provided for the performance of their present functions. The houses of bishops and other ministers of religion, seminaries, orphanages and schools belonging to religious associations, monasteries and all other buildings built or intended for the practice, propagation or teaching of religious faith, immediately become, by the inherent right of the State, the property of the State for the use of them exclusively for the public needs of the Federation or the States within the limits of their jurisdiction. All buildings intended for public worship that will be built in the future become the property of the State.
III. Public or private charitable institutions which have for the purpose of providing assistance to the needy, institutions for scientific research, for the dissemination of knowledge, mutual aid societies or organizations formed for other lawful purposes are capable of acquiring real property only in such quantities as it actually serves their purposes and is directly and directly intended to achieve these purposes; however, they can acquire real estate, own it and accept it as collateral only on the condition that the period does not exceed ten years. In no case may these institutions be under the patronage, direction, management or supervision of religious associations or institutions, as well as clergy or followers of any religion, even if one or the other does not actually perform their duties.
IV. Joint-stock trade associations are not entitled to own, acquire or manage agricultural real estate. Associations of this kind, organized for the operation of industrial enterprises in the mining or oil industry or for other purposes not related to agriculture, have the right to acquire land, own and manage it, however, within the territory absolutely appropriate for the buildings or services of these objects. This territory is determined on a case-by-case basis by the Government of the Federation or the State concerned.
V. Banks duly admitted to conduct operations on the basis of the laws on credit institutions are able to accept urban and rural real estate as collateral in accordance with these laws, but do not have the right to own or dispose of real estate in amounts exceeding those actually necessary for their direct purposes.
VI. With the exception of the associations referred to in paragraphs III, IV and V, and in addition to localities which legally and de facto own the common property, or have received donations, or have been restored to their former rights, or have been organized as centers of agricultural population, no other civil corporation is capable of owning or disposing of real property or accepting the security of it, with the exception of buildings expressly and directly intended for the purposes of the corporation. States, the Federal District and territories, as well as all municipalities, have the opportunity to acquire and own real estate necessary to serve the population.
The laws of the Federation and the states within their jurisdiction shall determine the cases in which the expropriation of private property is recognized as being of public benefit, and the administrative authorities, in accordance with the said laws, shall make a declaration accordingly. The amount established as compensation for expropriated property must correspond to the valuation registered with the cadastral tax authorities for tax purposes, regardless of whether this valuation was either declared by the owner or tacitly accepted by him by paying a tax on that basis. The only issue that must be resolved by experts and in court is the issue of an increase in the value of the property due to improvements made since the last fiscal assessment, or a decrease in value. This procedure also applies to objects whose prices are not registered with the tax authorities.
The implementation of measures falling within the competence of the State on the basis of the provisions of this article is carried out in court; however, upon the conclusion of the proceedings, and upon the order of the court, which shall be issued within a month, the administrative authorities shall immediately proceed to occupy, dispose of, auction or sell off the lands or waters in question and their appurtenances, and the actions of such authorities shall in no case be annulled until a final decision has been rendered.
VII. Settlements that are actually or legally subject to the communal regime have the opportunity to have in common the lands, forests and waters that belong to them or that have been returned or may be returned to them.
The federal authorities are responsible for all issues regarding the boundaries of communal lands, regardless of the origin of these lands, that are pending or may arise in the future in relations between two or more localities. The federal executive branch considers these types of disputes and offers the parties concerned a final solution. If the parties agree with the proposed decision, it enters into force as final and irrevocable; the party or parties who do not agree with this decision have the right to file a protest before the Supreme Court of the Federation without suspending the immediate execution of the order of the President. The law establishes the procedure for simplified proceedings in such controversial cases.
VIII. Are declared invalid:
a) any transfer of lands, waters and forests belonging to villages, farms, groups or communities made by the Hefes Politicos, or State Governors, or other local authorities in violation of the Law of June 25, 1856 and other relevant laws and regulations.
(b) all concessions of land, waters and forests, as well as transactions and sales thereof, made by the Ministry of Economic Development, the Ministry of Finance or other federal authority from December 1, 1876 to the present time, which encroaches on common lands or as a result of which such lands, public lands or other types of lands belonging to villages, farms, groups, communities and localities were illegally occupied;
(c) all surveys and demarcations, all transactions, transfers and auction sales effected during the period specified in the preceding paragraph by corporations, judges or other authorities of the Federation or States which encroach on or have resulted in the illegal occupation of common lands, waters or forests, public lands and other properties belonging to human settlements.
The above rules of invalidity shall not apply by way of exception to lands given for distribution under the Act of June 25, 1856, and to lands held by persons in their own name for not less than ten years, the area of which does not exceed fifty hectares.
IX. The division or distribution of land between the residents of a given locality, if it was apparently made legally, but due to an error or fraud that took place does not constitute legality, can be annulled at the request of three-quarters of the residents owning one-fourth of the divided land, or at the request of one-fourth of the residents owning three-quarters of the land.
X. Settlements that do not have communal lands or cannot return them due to the lack of legal grounds due to the inability to prove their ownership of these settlements or due to the fact that these lands were legally transferred are provided with land, forests and waters sufficient to form communal lands according to the needs of these settlements; they must, in any case, be provided with the required amount of land by expropriation by the Federal Government from the lands immediately adjacent to the villages in question.
The size of individual plots provided cannot in the future be less than ten hectares of irrigated land or the corresponding amount of other land, in accordance with paragraph three of clause XV of this article.
XI. To carry out the provisions contained in this article and the governing laws hereafter enacted, the following are established:
a) a body directly subordinate to the Federal executive power for monitoring the application of agrarian laws and bringing them into effect;
b) an Advisory Council, consisting of five persons appointed by the President of the Republic, and performing the duties assigned to it by organic laws;
c) A Mixed Commission consisting of an equal number of representatives from the Federation, local governments and one representative from the peasants, appointed in the manner prescribed by the relevant governing laws; such commission operates in each state, territory and Federal District within the limits of competence determined by the same organic and regulatory laws;
d) separate executive committees in each locality in which land-related matters are considered and resolved;
e) community commissariats in each locality in which there are communal lands.
XII. Petitions for the restoration of common land ownership or for the grant of land or waters are made directly to State and Territory Governors.
The governors forward these requests to the Mixed Commissions, which promptly study the issue and present their conclusion; The governors of the states approve or amend the conclusions of the Mixed Commissions and give instructions for the immediate transfer into direct possession of the area of land that, in their opinion, is subject to grant. Then the case materials are submitted to the Federal Executive for consideration.
If the Governor does not comply with the instructions of the previous paragraph within the shortest period established by law, the conclusion of the Mixed Commission is considered rejected and the case is immediately transferred to the Federal Executive for consideration.
Likewise, if the Mixed Commission does not present its conclusion as soon as possible, the Governor has the right to grant possession of the land area that he deems subject to transfer.
XIII. The executive body and the Agrarian Advisory Council give their opinion on the acceptance, correction or modification of the conclusions of the Mixed Commissions as amended by local governments, and inform the President of the Republic about this in order to make his decision as the supreme leader of the country's agriculture.
XIV. Landowners whose interests are affected by decisions to grant and reclaim common lands or waters, or such decisions that will be made in the future, do not have the opportunity to seek judicial review of the case and do not have recourse to an order for the protection of rights (amparo).
Persons affected by these decisions have the right to apply to the Federal Government for appropriate compensation. This right must be exercised by the interested parties within one year from the date of publication of the decision in the body of the Federation «Diario Oficial». After this period, complaints will not be accepted.
Farmers or persons who own usable agricultural land or pasture and have, or may in the future obtain, a certificate of withdrawal from use of their holdings may have recourse to an order of protection against illegal occupation or to expropriation of their lands and waters.
XV. Mixed commissions, local governments and other authorities in charge of agrarian affairs can in no case lay claim to the small landed property being used and are liable for violation of the Constitution if they provide allotments at the expense of such land property.
Small land ownership is considered to be property not exceeding one hundred hectares of irrigated or naturally moistened land of the highest quality or equivalent holdings of other categories of used land.
For purposes of assessment, one hectare of artificially irrigated land is considered to be equivalent to two hectares of naturally irrigated land, or four hectares of good quality grazing land, or eight hectares of forest or dryland grazing land.
Small land ownership is also considered to include plots not exceeding two hundred hectares of seasonal naturally irrigated land or pasture land suitable for cultivation; one hundred and fifty hectares of land used for cotton cultivation, if water is obtained from a canal or through pumps; three hundred hectares of land used for the crops of bananas, sugarcane, coffee, henequena, rubber, coconut trees, grapes, olives, cinchona, vanilla, cocoa beans or fruit trees.
On grazing land, areas that do not exceed the area required to support 500 head of cattle or the corresponding number of small livestock are considered small land ownership, in accordance with the instructions of the Law on Pasture Quality of Land.
If, as a result of irrigation, drainage or other work carried out by the owners or owners of small property for which there is a certificate of exclusion from use, there was an increase in the agricultural or pasture qualities of the land, such property cannot be the object of agrarian expropriation, even if as a result of the improvements made it would be necessary, without violating the requirements of the law, to revise the maximum figures specified in this paragraph.
XVI. Lands subject to transfer for individual use must be distributed at the time when the order of the President of the Republic is carried out, in accordance with the instructions of the governing laws.
XVII. The Federal Congress and the state legislatures within their jurisdiction shall make laws determining the maximum area of land ownership and arrangements for the division of surpluses in accordance with the following rules:
a) each State, Territory and Federal District shall establish a maximum limit on the area of land that can be owned by one person or a legally constituted corporation;
b) surpluses in excess of the established norm should be divided by the owner into plots within the time limits specified by local laws; these plots shall be offered for sale on terms and conditions approved by the respective governments, in accordance with the said laws;
c) if the owner objects to the division, the latter is carried out by the local government through expropriation;
d) the cost of the plots is paid in annual installments, including repayment of the capital price and interest, at a rate not exceeding 3 percent per annum;
e) owners are required to accept local agricultural loan bonds as security for payment of the value of the expropriated property. To this end, the Federal Congress enacts a law authorizing the states to issue agricultural loans;
f) division of land property can only take place when the land needs of neighboring villages are fully satisfied. Land cases are required to be considered and resolved as soon as possible if there are unrealized land division projects;
g) local laws regulate the size of family property, defining the property that constitutes this property and is inalienable; it is not subject to arrest or any encumbrance.
XVIII. All treaties and concessions entered into by former governments after 1876 which resulted in the concentration in one person or one corporation of the lands, waters and natural resources of the Nation shall be subject to revision. The executive branch of the Federation is empowered to declare such contracts or concessions void in cases where they cause serious harm to the public interest.
Article 28.
In the United Mexican States there are no monopolies of any kind, no tax exemptions, no prohibitions under the guise of industrial protection, with the following exceptions: coinage; post, telegraph and radio telegraph; issuance of banknotes by a single banking institution controlled by the Federal Government; privileges provided by law for a limited period to authors and artists for the reproduction of their works and, finally, privileges granted to inventors and innovators for the exclusive use of inventions.
In accordance with this, the law strictly punishes, and the authorities resolutely persecute, any concentration or accumulation by more than one or several persons of essential items with the goal of raising prices; any act or measure which eliminates or tends to eliminate free competition in production, industry, commerce or in the activities of public services; all agreements or transactions of producers, manufacturers, merchants and owners of transport or representatives of other public services, aimed at eliminating competition between them and at forcing the consumer to pay excessive prices, and in general everything that constitutes an unfair and exclusive advantage in favor of one or more specified persons and to the detriment of the interests of the community or of any one social class.
Nor do workers' associations, organized to protect their own interests, constitute monopolies.
In addition, associations or cooperative societies of producers are not monopolies when, for the protection of their own interests or the interests of the public, they sell directly in foreign markets domestic or manufactured goods, which are the main source of wealth of the region where they are produced, and provided that these goods are not considered products of essential necessity, that the said associations are located under the supervision or protection of the Federal Government or the state governments and that in each case there is permission from the appropriate legislative bodies. These legislative bodies, on their own initiative or on the proposal of the executive branch, have the right to revoke permission to organize the above associations when the public interest so requires.
Article 29.
In the event of a foreign invasion, a serious disturbance of public order, or any other extraordinary event which exposes the public to serious danger or to the threat of conflict, only the President of the Mexican Republic, with the consent of the Council of Ministers and with the approval of the Congress, and, between meetings of the latter, with the approval of the Permanent Commission, has the right to suspend, in the whole Republic or in any part thereof, guarantees that may impede the prompt and effective measures required by the situation; at the same time, this suspension can in no case apply to an individual person, but is imposed by a general decree and only for a limited period. If the suspension of guarantees takes place while Congress is in session, the latter opens to the executive power such powers as, in the opinion of Congress, it does not require; If the suspension of guarantees occurs between sessions of Congress, Congress shall immediately convene to take appropriate decisions.
Chapter II. About Mexicans
Article 30.
Mexican citizenship is acquired by birth or naturalization.
a) Mexicans by birth are:
I. Children born on the territory of the Republic, whatever the nationality of their parents.
II. Children born abroad to Mexican parents, a Mexican father and foreign mother, or a Mexican mother and father of unknown nationality.
III. Children born on a Mexican military or merchant ship or aircraft.
b) The following are considered Mexicans by naturalization:
I. Non-residents who have received a certificate of naturalization from the Ministry of Foreign Affairs.
II. Foreign women married to Mexicans and living or establishing their domicile in the territory of the Republic.
Article 31.
Every Mexican is obliged to:
I. To compel children or wards under fifteen years of age to attend public or private schools for their elementary education and military training during such time as the public education laws of each State may determine.
II. Appear on the days and times prescribed by the appropriate local council to prepare for the exercise of civil rights, undergo military training, acquire weapons skills and become familiar with military discipline.
III. Be on the lists and serve in the National Guard, in accordance with the relevant organic law, to ensure and protect the independence, territory, honor, rights and interests of the Motherland, as well as internal peace and order.
IV. To participate in public expenditures of both the Federation and the state and municipality in which the person resides, in a proportionate and equitable amount determined by law.
Article 32.
With equal qualifications, Mexicans are given preference over foreigners to acquire various types of concessions, occupy government positions and positions, and carry out government assignments in cases where Mexican citizenship is not considered mandatory. In times of peace, no foreigner is capable of serving in the army, police force or public security.
To serve or hold a position or duties in the Navy or Air Force, you must be a Mexican by birth. This rule also applies to captains, pilots, shipowners, machinists, mechanics and, in general, to all members of the crew of a ship or any aircraft flying the Mexican trade flag or marks. You must also be a Mexican by birth in order to hold the position of port master or airfield commandant, perform pilotage service and the duties of a customs agent in the Republic.
Chapter III. About foreigners
Article 33.
Foreigners are persons who do not possess the qualities specified in Article 30. Foreign citizens have the right to the guarantees defined in Chapter I, Section One of this Constitution; However, the Federal Executive Power has the exclusive right, without warning and without judicial procedure, to expel from the Republic a foreigner whose stay in the country is undesirable.
Foreign citizens may in no way interfere in the political affairs of the state.
Chapter IV. About Mexican citizens
Article 34.
Civil rights in the Republic are enjoyed by men and women who, being Mexicans, also satisfy the following requirements:
I. Have reached the age of eighteen and are married, or twenty-one years of age if not married.
II. They lead a decent lifestyle.
Article 35.
Citizens enjoy the following prerogatives:
I. Participate in popular elections.
II. Be elected to any elective office or hold any other office or assignment subject to other criteria established by law.
III. Gather to discuss political affairs of the state.
IV. Serve in the army and national guard for the defense of the Republic and its institutions in accordance with the instructions of the laws.
V. Exercise the right of petition on any matter.
Article 36.
A Mexican citizen must:
I. Register in the lists of the municipality in which he resides, indicating the property that he himself owns and the craft, profession or occupation that provides him with a means of subsistence, and in addition register in the electoral registers in the manner prescribed by law.
II. Be on the National Guard lists.
III. Vote in the popular elections in the relevant constituency.
IV. Hold elective positions of the Federation or state, and these positions in no case have the right to be free.
V. Hold the position of municipal councilor for residence, perform all duties related to the election, and in addition to this, the duties of a juror.
Article 37.
a) Mexican citizenship is lost for one of the following reasons:
I. The process of acquiring citizenship in foreign citizenship.
II. Acceptance or use of noble titles and titles that imply citizenship in a foreign country.
III. Residence, in the case of Mexicans by naturalization, for a period of 5 consecutive years in the country of origin.
IV. Appearing as a foreigner, in the case of Mexicans by naturalization, on an official document, or acquiring and using a foreign passport.
b) Civil rights are lost:
I. If the adoption or use of noble titles and titles that do not imply citizenship in a foreign country.
II. If voluntarily enters into the official service of a foreign government without the permission of Congress or its Standing Committee.
III. In case of acceptance of foreign orders from the government without the permission of Congress or its Permanent Commission.
IV. Subject to the acceptance from the government of another power of titles or duties without the prior permission of the Congress or its Permanent Commission, with the exception of titles of literary, scientific or humanitarian, which may be freely accepted.
V. Provided that, to the detriment of the Nation, assistance is given to a foreigner or a foreign government in a diplomatic claim or before an international court.
VI. In other cases specified by law.
Article 38.
The enjoyment of civil rights and privileges is suspended:
I. If there is failure to fulfill without sufficient reason any of the duties provided for in Article 36. Such suspension shall continue for one year and shall be in addition to any other penalty provided by law for the same act.
II. As a result of being prosecuted for a crime that carries a prison sentence from the time a formal detention order is issued.
III. During the period of serving a prison sentence.
IV. When vagrancy or habitual drunkenness, established in the manner prescribed by law.
V. In case of evasion from trial and investigation, counting from the time the arrest order is signed until the expiration of the statute of limitations for criminal prosecution.
VI. As a result of a final judgment which provides for such suspension as punishment.
The law specifies cases in which civil rights are lost or suspended and the procedure for their restoration.