As Amended through 2009
[NOTE â€“ Mexico has had five constitutions prior to the present one which went into force in 1917. Constitution of Apatzingan â€“ proposed in 1814; Federal Constitution of the United Mexican States â€“ 1824 to 1835 and 1847 to 1857; Seven Constitutional Laws â€“ 1836 to 1843; Federal Constitution of the United Mexican States of 1857 â€“ 1857 to 1917]
Of Individual Guarantees
Article 1 – In the United Mexican States, every individual will enjoy the guarantees that this Constitution grants, which shall not be restricted or suspended except in the cases and with the conditions under which the same is established.
Slavery is prohibited in the United Mexican States. Foreign slaves who enter national territory by any means will obtain their liberty and the protection of the laws.
All discrimination motivated by ethnic or national origin, gender, age, differing abilities, social conditions, health conditions, religion, opinions, preferences, marital status, or anything else that may be against human dignity and have as its object to restrict or reduce the rights and liberties of persons, remains prohibited.
Article 2 – The Mexican nation is unique and indivisible.
The nation has a multicultural composition, originating in its indigenous people, who are descended from people who lived in the current territory of the country, who live in it now, and who keep their own social, economic, cultural, and political institutions or parts of these. The awareness of their indigenous identity shall be the fundamental criterion to determine to whom applies the disposition on indigenous people.
Communities of indigenous people are those that form a social, economic, and cultural unit, situated in a territory, and recognize authorities in agreement with their traditions and customs.
The right of indigenous people to self-determination will be exercised in a constitutional way that assures national unity. The recognition of indigenous people and communities will be made in the constitutions and laws of federated entities, which will take them into account, besides the general principles established in the previous paragraphs of this article, ethnolinguistic criteria, and physical location.
A) This Constitution recognizes and guarantees the right of indigenous peoples and communities to self-determination, and, in consequence, autonomy to:
I) Decide their internal forms of living and social, economic, political, and cultural organization.
II) Apply their own standards in regulation and solution of their internal conflicts, subject to the general principles of this Constitution, respecting individual guarantees, human rights, and, in a relevant manner, the dignity and completeness of women. The law will establish the cases and procedures of validation by the appropriate judges or courts.
III) Elect, in accord with their traditional standards, procedures, and practices, authorities or representatives for the exercise of their own forms of internal government, guaranteeing the participation of women in conditions of equality to those of men, in a way that respects the Federal Pact and the sovereignty of the states.
IV) Preserve and enrich their languages, awareness of their heritage, and all the elements that constitute their culture and identity.
V) Conserve and improve their habitat, and preserve their lands in the terms established in this Constitution.
VI) Enjoy, with respect to the forms and means of property and land use established in this Constitution and the laws about these, as well as to the rights acquired by third parties or by members of the community, the preferential use of natural resources of the places that these communities occupy and live, except for those that correspond to strategic areas in terms of this Constitution. For these effects, communities may act in terms of the law.
VII) Elect, in municipalities with indigenous people, representatives to municipal governments. The constitutions and laws of federated entities will recognize and regulate these rights in municipalities, with the objective of strengthening indigenous participation and political representation, in conformity with the peoples’ traditions and internal standards.
VIII) Accede fully to the jurisdiction of the State to guarantee those rights, in all trials and proceedings in which it takes part, individually or collectively. The State will take into account their customs and cultural specifics, respecting the precepts of this Constitution. Indigenous people have at all times the right to be assisted by interpreters and defenders who are acquainted with their language and culture.
The constitutions and laws of the federated entities will establish the characteristics of self-determination and autonomy that best express the situations and aspirations of the indigenous people in each entity, as well as the standards for recognition of their indigenous communities of public interest.
B) The Federation, states, and municipalities, to promote equal opportunity for indigenous people and eliminate any discriminatory practice, will establish the institutions and determine the necessary policies to guarantee the rights of indigenous peoples and the complete development of their people and communities. These will be designed and operated together with them.
To eliminate the scarcities and leftovers that affect indigenous people and communities, these authorities have the obligation to:
I) Stimulate the regional development of indigenous zones, with the objective of strengthening their local economies and bettering the conditions of life of their peoples, by means of actions coordinated among the three levels of government, with the participation of the communities. Municipal authorities will fairly determine budget allocations that the communities will directly administer for specific ends.
II) Guarantee and increment the levels of education, favoring bilingual and bicultural education, literacy, completion of basic education, vocational training, and mid-superior and superior education. Establish a system of grants for indigenous students at all levels. Define and develop educational programs of regional level that recognize the cultural heritage of their peoples, in agreement with the laws about the matter and in consultation with indigenous communities. Stimulate the respect and knowledge of the diverse cultures that exist in the nation.
III) Assure effective access to health services by means of the expansion of the coverage of the coverage of the national system, also using traditional medicine, as well as support good nutrition for indigenous peoples by means of programs of food, especially for their children.
IV) Improve the conditions of indigenous communities and their spaces for common living and recreation, by means of actions that facilitate access to public and private financing for the construction and improvement of housing, as well as expand the coverage of basic social services.
V) Aid the incorporation of indigenous women into the development of the community, by means of support for productive projects, the protection of their health, the granting of stipends to aid their education, and the promotion of their participation in decisions relating to community life.
VI) Extend the network of communications that permits the integration of communities into the larger society, by means of construction and expansion of ways of communication and telecommunication. Establish conditions by which indigenous peoples and communities may acquire, operate, and administer means of communication, in the terms that the laws on the matter determine.
VII)munities, by means of actions that permit them to be economically self-sufficient, the application of stimuli for public and private investments for the creation of jobs, the incorporation of technologies to increase their own productive capacity, as well as to assure equal access to the systems of supply and trade.
VIII) Establish social policies to protect migrants who are indigenous people, within national as well as foreign territory, by means of actions to guarantee the rights of laborers and day agricultural workers, improve health conditions of women, support families of migrants with children and youth with special programs of education and nutrition, watch for the respect of their human rights, and promote the knowledge of their cultures.
IX) Consult indigenous peoples in the making of the national plan of development and those of states and municipalities, and, in their case, incorporate the recommendations and proposals that result.
To guarantee the fulfillment of the obligations given in this part, the Chamber of Deputies of the Congress of the Union, the legislatures of the federated entities, and municipal councils, in the area of their respective jurisdictions, will establish the specific parts earmarked to the fulfillment of these obligations in the budgets of spending they approve, as well as the forms and procedures for communities to participate in the exercise and watching over of these, without endangering the rights established in favor of indigenous people and their communities, all people in their communities will have the same rights, as the law establishes.
Article 3 – Every individual has the right to receive education. The State–Federation, States, and Municipalities–will provide preschool, primary, and secondary education. Primary and secondary education are compulsory.
The education that the State provides will try to harmoniously develop all the faculties of being human, and will instill in the student at the same time, love of country and awareness of international solidarity, in independence and justice.
I) AsÂ Article 24Â guarantees freedom of beliefs, education will be independent of church beliefs and as such, it will be completely free of any religious doctrine.
II) This education will be based on the results of scientific progress and will aid the student in struggling against ignorance and its effects–slavery, fanaticism, and prejudice.
a) Furthermore: It shall be democratic, considering democracy not only a judicial structure and a political regimen, but also a system of life based on the constant economic, social, and cultural betterment of the people.
b) It will be national without hostile restrictions, ties, or exclusions. It will assist in the understanding of our problems, the use of our resources, the defense of our political independence, the securing of our economic independence, the continuing and growth of our culture and:
c) It will contribute to better human life, and at its end, will have instilled in the student appreciation for personal dignity and the integrity of the family, the conviction of general interest in society, and especially in sustaining the ideals of fraternity and equal rights of all people, without the privileges of races, creeds, groups, sexes, or individuals.
III) In full compliance with what is specified in the second paragraph and in section II, the Federal Executive will determine the plans and programs of primary, secondary, and post secondary education for all the Republic. To these ends, the Federal Executive will consider the opinions of the governments of federated entities and of the various social sectors involved in education, in the terms that the law specifies.
IV) All the education that the State provides will be free of charge.
V) Besides providing preschool, primary, and secondary education, the State will promote and assist in all types and means of education, including higher education necessary for the development of the Nation. Education will support scientific and technological research, and advance the strengthening and knowledge of our culture.
VI) Individual schools may provide education in all its types and means. In the terms that the law establishes, the State will grant and withdraw official recognition of studies conducted in particular facilities. In the case of primary, secondary, and post-secondary education, the criteria shall be:
a) Provide education according to the same ends and criteria that are in the second paragraph and section II, as well as comply with the plans and programs that section III refers to, and;
b) Obtain previously, in each case, express authorization of the public power, in the terms that the law establishes.
VII) Universities and other institutions of higher education to which the law grants autonomy, will have the power, ability, and responsibility to govern themselves, achieve their ends of education, research, and spreading culture in agreement with the principles of this article, respecting freedom of teaching and research and of free examination and discussion of ideas, will determine their plans and programs, fix the terms of salary, promotion, and tenure of their academic personnel, and administer their own property. Labor relations, of academic as well as administrative personnel, will be conducted according to part A ofÂ Article 123Â of this Constitution, in the terms and with the means that the Federal Labor Law establishes in conformance with the characteristics of special work, in a manner that agrees with autonomy, freedom of teaching, and research, and the ends of the institutions to which this section refers, and;
VIII)Â The Congress of the Union, with the purpose of unifying and coordinating education in all the Republic, will pass the laws needed to allocate the social function of education among the Federation, States, and Municipalities, to set the levels of spending for this public service and to specify sanctions applicable, to which officials who do not comply or cause to be complied with these laws, as well as to all those who break them.
Article 4 – Men and women are equal before the law. The organization and the development of the family will be protected by law.
Every person has the right to decide, in a free, responsible, and informed manner, the number and spacing of his or her children.
Every person has the right to health protection. The law will define the ways and means for access to health services and will establish the concurrence of the Federation and the federated entities in matters of public health, in conformance to that which is specified byÂ section XVI of Article 73Â of this Constitution.
Every family has the right to a dignified and decent life. The law will establish the instruments and supports necessary to accomplish this objective.
Children have the right to satisfaction of their needs of food, health, education, and healthy play for their whole development.
Older family members, guardians, and others who have them in their custody, have the duty to preserve these rights. The State will provide what is necessary to support respect for the dignity of childhood, and the full exercise of the rights of children.
The State will support facilities that will contribute help in the fulfillment of the rights of childhood.
Article 5 – No person shall be impeded from practicing a lawful profession, industry, commerce, or labor. The exercise of this liberty may only be stopped by judicial determination, when the rights of a third party are violated, or by government resolution, dictated in terms indicated by the law, when the norms of society are undermined. Nobody can be deprived of the fruits of his or her labor, except by judicial resolution.
Each state will determine in its laws which professions will need a license for their practice, the conditions which must be met to obtain this license, and the authorities that will regulate them.
Nobody will be obligated to give personal service, work without just compensation and without his or her full consent, save in prison work imposed by judicial authority which is specified in sections I and II ofÂ Article 123.
With regard to public services, only the following are obligatory in terms that are established by the laws that apply to them: military and jury duty, as well as the discharging of public duties. Electoral and census functions shall be obligatory and free in nature, but those performed professionally in the terms of this Constitution and its corresponding laws will be compensated. Professional services of a public nature will be obligatory, and may be paid for in the terms of the law and with the exceptions that it specifies.
The State may not permit to come into effect any contract, pact, or agreement which has as its object the reduction, loss, or irrevocable sacrifice of personal liberty for any reason.
Neither can agreements be recognized in which persons agree to their banishment or exile, or in which they renounce, temporarily or permanently, the exercise of a given profession, trade, or commerce. A labor contract shall only contain the obligation to give services agreed to for the time fixed by law, not to exceed one year at the option of the worker, and it cannot include, in any case, the giving up, loss, or reduction of any political or civil rights.
Breach of this contract, with regard to the worker, shall only obligate him or her to receive the appropriate civil liability. In no case may personal compulsion be enacted against him or her.
Article 6 – The expression of ideas will not be the object of any judicial or administrative inquiry, except in the case in which it attacks moral order, the rights of a third party, provokes some crime, or disturbs the public order. Freedom of information will be guaranteed by the State.
Article 7 – The freedom to write and publish on any matter is inviolable. No law or authority may establish prior censorship, or require bond from authors or printers, or abridge the freedom of printing, which has no limit but the respect of private life, of morals, and of public peace. In no case may the press be seized as an instrument of crime. Organic laws will specify what measures are necessary to assure that, under the pretext of denouncing crimes of the press, distributors, operators, and other employees from which the denounced writing has emanated, will not be jailed, unless there is prior proof of the employees’ guilt.
Article 8 – Public officials and employees shall respect the exercising of the right of petitioning, as long as it is formulated, by writing, in a calm and respectful manner. However, in political matters only citizens of the Republic shall have use of this right.
To each petition to whom it is directed, the authority has the obligation to respond to the petitioner. There should be a brief written reply by the authority.
Article 9 – The right to associate or peacefully assemble for any lawful purpose shall not be abridged; but only citizens of the Republic may do so in order to take part in the political affairs of the country. No armed gathering has the right to deliberate. No assembly or gathering that has as its object to make a petition or present a protest because of some act to an authority, shall be illegal or be dissolved, provided injuries are not suffered by the authority, nor use was made of violence or threats to intimidate it, or obligate it to respond in the manner desired.
Article 10 – The inhabitants of the United Mexican States have the right to possess arms, in their residences, for their security and legitimate defense with the exception of those prohibited by federal law, and those reserved for the exclusive use of the Army, Navy, Air Force, and National Guard. Federal law will determine the cases, conditions, requisites, and places in which the bearing of arms by inhabitants will be authorized.
Article 11 – Every person has the right to enter the Republic, leave it, travel through its territory, and change his or her residence without the necessity of an identification card, passport, safe conduct pass, or similar item. The exercise of this right will be subject to regulation by judicial authority in cases of civil and criminal responsibility, to regulation by administrative authority, with regard to the limitations that the laws impose on emigration, immigration, and general health of the Republic impose on foreigners granted a temporary stay in the country.
Article 12 – Titles of nobility, or prerogatives and hereditary honors shall not be conferred in the United Mexican States, nor will any of these granted by any other country be recognized.
Article 13 – Nobody may be judged by private laws, or by special tribunals. No person or corporation can have privileges or enjoy more prerequisites than those that are compensation for public services and are fixed by the law. The power of court martial for crimes and actions against military discipline exists, but in no case will military tribunals extend their jurisdiction to persons who do not belong to the armed forces. When a crime or action against military discipline has affected a civilian, the corresponding civil authority will be notified.
Article 14Â – No law shall have retroactive effect to the detriment of anyone. Nobody may be deprived of life, liberty, or of his land, possessions or rights, except by means of judicial proceedings before previously established courts that comply with essential formalities of procedure, and conforming to laws made previously before the case.
It will remain prohibited for criminal courts to impose by simple analogy and also by deduction, punishment on someone that is not decreed by a law exactly applicable to the crime for which the individual is tried.
In civil judgments the defined judgment shall conform with the letter of the judicial interpretation of the law, and the new interpretation (or the lack of it) shall be based on the general principles of what is right.
Article 15 – Extradition treaties for political offenders are not authorized to be concluded. Also, they may not be concluded for those persons who were delinquent with the common order in the country where they committed the offense, or have suffered the condition of slavery. Also, contracts, or treaties by virtue of those (which alter the guarantees and rights established by this Constitution for the person and the citizen) shall not be authorized.
Article 16Â – Nobody can be disturbed in his or her person, family, residence, papers, or possessions, except by virtue of a written order by a competent authority, that is founded in and motivated by legal procedural cause.
No order of apprehension and detention can be issued except by the judicial authority, preceded by a denunciation, accusation, or complaint about a specific action determined by the law to be an offense for which the individual may be punished by loss of liberty; and there exist facts to support the punishment and the probable responsibility of the accused.
The authority that executes a judicial order of apprehension must put the accused at the disposition of a judge without delay and with the strictest responsibility. Failure to do so is subject to criminal law.
In cases where the person has been caught in the act, any person may detain the accused, and take him without delay to the immediate authority. The accused must be taken as soon as possible from there to the Public Ministry.
Only in urgent cases, which are classified as serious crimes by the law, and where there is well-founded risk that the accused may escape the actions of justice, and when the accused cannot be brought before judicial authority because of the hour, does the Public Ministry have the power under its responsibility to order his or her detention based on an explanation of the evidence that motivates its proceeding.
In cases of urgency, or when the crime has been stopped in the act, the judge who receives the detained person must immediately approve detention, or decree the person’s liberty with the conditions of the law.
No accused person will be detained by the Public Ministry for more than 48 hours, within such time as the accused must be set free or put at the disposition of the judicial authority. This term may be doubled in those cases that the law classifies as organized delinquency. All abuses of the above are subject to punishment by criminal law.
In all search orders, which only the judicial authority has the power to execute, and which will be written, the place to be inspected will be stated, and also the person or persons to be apprehended and the objects to be looked for. Care shall be taken to limit the search to be conducted as a circumscribed act, in the presence of two witnesses designated by the occupant of the searched place; or in their absence or refusal, the searching authorities will practice care.
Private communications are inviolable: The law will sanction criminally any act committed against their liberty and privacy. Only the federal judicial authority, upon petition to the federal authority that enforces the law or to the head of the Public Ministry of the corresponding federated entity, may authorize the interception of any private communication. For this, the appropriate authority, by writing, must establish and justify the legal causes for the application. It must, besides, give the type of interception, its subjects, and its duration. The federal judicial authority may not grant these authorizations in electoral, fiscal, mercantile, labor, or administrative matters, or in the case of communications by an accused with his or her defender.
Authorized interceptions will conform to the requirements and limits given by the laws. The result of interceptions that do not comply with them, will lack all investigative value.
Administrative authority may visit residences only to ascertain that they comply with sanitary and police regulations, and to require the showing of those books and papers that are indispensable for verifying that the residents are paying attention to the financial arrangements subject in those cases to the respective laws and formalities prescribed for searches.
Correspondence that is covered by the mail shall be free from all examination, and its violation will be punished by the law.
In time of peace, no member of the army shall take quarters in a particular house without the consent of the owner, or impose any payments. In time of war, members of the armed forces may require housing, transportation, food, and other supplies of value, under the terms established by the corresponding martial law.
Article 17 – No person has the power to use justice for himself or herself, or exert violence to reclaim his or her rights. All persons have the right to have justice by courts that will be able to give them justice in the time and terms that the laws set, and give them resolutions in a quick, complete, and impartial manner. The courts’ service will be free; so in consequence, judicial costs are prohibited.
Federal and local laws shall establish the methods necessary to guarantee the independence of the courts and the full power of their resolutions. Nobody may be imprisoned for debts of a purely civil nature.
Article 18 – There shall be detention only for crimes that merit punishment of the individual. The sites of detention shall be distinct from prisons for the serving of sentences, and they shall be completely separated from each other. The federal and state governments shall organize the penal system in their respective jurisdictions on the basis of work and ability to do the same, and shall share the responsibility equally for education for the social readaptation of the delinquent. Women shall complete their sentences in separate places from those designated for men, in any case.
The governors of the States, subject to their established state and local laws, shall have the power to enter into contracts of a general nature with the federal government in which offenders sentenced for crimes against the common order may serve their sentences in establishments under the Federal Executive.
Offenders of Mexican nationality who have received punishments in foreign countries may be moved to the Republic to complete their sentences on the basis of the systems of social readaptation previously specified in this article, and offenders of foreign nationality sentenced for federal crimes in all the Republic, or for common laws in the Federal District, may be sent to their country of origin or residence, subject to the international treaties that have been concluded to this effect. The governors of the states shall have the power to solicit from the Federal Executive, with support of their respective state laws, the inclusion of offenders of the common order in these treaties. The transfer of offenders shall only be done with their express consent.
Article 19Â – No detention under an authority may exceed the term of 72 hours, without a formal writ of imprisonment, which expresses: the crime of which the person is accused, the place time, and circumstances of its commission; as well as the results of previous investigation of the crime, which must be enough to confirm that the crime occurred and show the probable responsibility of the accused.
This period may be prolonged only at the petition of the accused, in the form that the law specifies. Prolonging the detention otherwise will be punishable by criminal law. The authority responsible for the establishment where the accused is detained, that does not receive an authorized copy of the formal writ of imprisonment or an application to prolong it within the specified time, must call it to the attention of the judge who has jurisdiction in the case, and if it does not receive a writ or application within the following three hours, it must free the accused.
It shall be necessary to follow all process in executing the formal writ of imprisonment according to the crime or crimes stated in it. If, as a process proceeds, it appears that the accused has committed a crime distinct from that stated on the writ, it must be an object of separate investigation outside the scope of the original crime (if it did not lead to the original crime).
All mistreatment in apprehension or in prison, all discomforts that are inflicted without legal motive, and all fees or contributions in jails are abuses that will be prohibited by law and curbed by the authorities.
Article 20Â – In all criminal processes, the accused, victim, or person offended against by a crime will have the following guarantees:
A) Of the accused:
I) Immediately when he or she petitions for it, the judge should always grant provisional release under bail, except for crimes which, because of their seriousness, the law expressly prohibits this benefit. In the case of non-serious crimes, upon the application of the Public Ministry, the judge may deny bail, when the accused has been found guilty of a crime classified serious by the law before. The judge may also deny bail when the Public Ministry presents elements that establish that the accused poses, by his or her previous conduct or by the circumstances and characteristics of the crime committed, a risk to the person the crime was committed against, or to society.
The amount and form of bail shall be obtainable by the accused. In circumstances that the law determines, the judicial authority may modify the amount of the bail. To take into account the form and the amount of bail, the judge must take into account the nature, means, and circumstances of the crime, the characteristics of the accused and the possibility of the accused’s complying with his or her obligations resulting from the criminal process, the damages and injuries caused to the victim, as well as the financial sanction which may be imposed on the accused.
The law will determine the serious cases for which the judge may deny bail.
II) The accused does not have to confess. Prohibited and punishable by criminal law are: holding the accused incommunicado, intimidation, or torture. Confessions given to any authority other than the Public Ministry or judge, or before these without the attendance of his defender will lack all force whatsoever.
III) To have a public hearing within 48 hours of being consigned to the judicial authority with the name of his or her accuser, and the nature and cause of the accusation, at the end of which it is very apparent that the punishable act is being attributed to the accused, and the accused may answer the charge, stating in this act his opening declaration.
IV) Always when questioned before a judge, to be face to face with his or her accusers, except as given in section V of Part B of this article.
V) To have the witnesses that have things to say about him or her, allowing for the time that the law says is necessary, and to have help in obtaining the appearance in court of those persons whose testimony he or she wants, always having them meet in the place of the process.
VI) To be judged at a public hearing by a judge or jury of citizens who know how to read and write, people who reside in the place and area in which the crime was committed, for offenses punishable by more than a year in prison. In all cases, crimes committed by means of the press against the public order, or the foreign or domestic security of the nation, be judged by a jury.
VII) To be provided all the facts needed for defense, and that make up the case.
VIII) To be judged within four months for crimes for which the maximum penalty does not exceed two years in prison, and within a year if the penalty exceeds two years, unless he or she asks for more time for the defense.
IX) From the start of the process, to be informed of the rights that this Constitution gives in his or her favor, and he or she will have the right to an adequate defense by himself, by a lawyer, or by a person of his or her confidence. If he or she does not want to, or cannot name a defender after being required to do so, the judge will assign him or her an official defender. Also, the accused has the right to have his defender appear in all phases of the process, and the defender has the obligation to appear whenever he or she is required.
X) In no case may the accused’s imprisonment or detention be prolonged for failure to pay lawyers’ fees, or any other fees for cause of civil responsibility or any other similar reason.
The guarantees stated above in sections I, V, VII, and IX will always be observed during the initial investigation, in the terms and with the requisites and limits that the laws establish, and as stated in section II will not be subject to any condition.
B) Of the victim or person offended against by a crime:
I) Receive judicial advice, be informed of the rights which this Constitution gives in his or her favor, and, when he or she requests, to be informed about the status of the criminal process;
II) Cooperate with the Public Ministry to know about all facts or elements of proof about the crime that it has, in its previous steps of investigation as well as those in progress, as quickly as possible to relieve concerns;
When the Public Ministry considered that such speed is not necessary, it should state the bases for, and justify, its reasons.
III) Receive, beginning with the commission of the crime, urgent medical and psychological attention;
IV) Have damages repaired. In the cases for which it is the originator, the Public Ministry will be obligated to seek repair of the damages, and the judge may not absolve the sentenced of reparations if he or she has served the sentence;
V) When the victim or the person offended against by the crime is a minor, he or she is not obligated to be face to face with the accused, in cases of sexual crimes or kidnapping. These cases will have depositions under the conditions that the law establishes, and;
VI) Seek the means and judicial rulings that the law provides for his or her security and aid.
Article 21Â – The imposition of criminal penalties belongs solely and exclusively to the judicial authority. The policing of crimes is the responsibility of the Public Ministry and the Judicial Police, which shall be under the authority and the former’s immediate command. Along with the judicial authority, the administrative authority may apply sanctions for infractions of police and government regulations that may only consist of a fine or an arrest for 36 hours. If the infractor does not pay the fine imposed on him, he may be arrested for a period (which shall in no case exceed 36 hours).
If the infractor is a journalist, a laborer, or worker, he or she cannot be sanctioned with a fine more than his or her pay, or salary for one day.
The fine for non-salaried workers must not exceed the equivalent of a day of their earnings.
The decisions of the Public Ministry about the non-exercise and ending of penal action, may be challenged by jurisdictional means in the terms that the law establishes.
Public security is a function at the charge of the Federation, the Federal District, the States, and the Municipalities, in their respective areas of jurisdiction that this Constitution specifies. The performance of police institutions will be governed by the principles of legality, efficiency, professionalism, and honor.
The Federation, the Federal District, the States, and the Municipalities will cooperate in the terms that the laws specify, to establish a national system of public security.
Article 22 – Penalties of mutilation, dishonor, branding, whipping, blows with a stick, torture of any type, excessive fines, confiscation of possessions, or any other penalties in excess of what is necessary to punish the offense remain prohibited.
The total or partial confiscation of personal possessions shall be considered only by the judicial authority for the payment of the civil responsibility resulting from the commission of a crime, or for the payment of taxes or fines, except in the case of possessions acquired by illicit enrichment as defined by the terms ofÂ Article 109, or the confiscation of the goods that belong to the person sentenced, for crimes classified as organized delinquency, or for those goods which are handled as though the person sentenced is the owner, if the legitimate origin of these goods cannot be proven.
Confiscation of goods by the State will not be considered, if the goods have been abandoned in the terms of the applicable dispositions. Goods acquired through organized delinquency may be given to the State by the judicial authority, at the end of an investigation process which has not shown how the goods were acquired otherwise. The judicial resolution will always proceed after a hearing of the third parties involved, and the goods must have been acquired fully with the proceeds of the crime foreseen by the law as organized delinquency. The process of confiscation will proceed independently of whether the goods have been transferred to third parties, unless the third parties received the goods in good faith.
The death penalty remains prohibited for political crimes, and also for most others. It may only be imposed for treason to the Nation in a foreign war, for parricide, for homicide with treachery, premeditation or profit; for arson, kidnapping, highway robbery, piracy, or serious criminal offenses against military order.
Article 23 – No criminal proceeding shall be conducted more than three times. Nobody can be judged twice for the same crime if he or she was found innocent or guilty in the first trial. The practice of pretrial pardoning remains prohibited.
Article 24Â – Any person is free to practice the religious beliefs that most agree with him or her, and to practice the ceremonies, devotions or acts of the respective sect, as long as they do not constitute a crime or a failure to do something that is punishable by law.
The congress may not make laws that establish or prohibit any religion.
Religious acts of a sect are ordinarily conducted in houses of worship. Those that are conducted extraordinarily outside of them will be subject to the regulation of law.
Article 25Â – The State has the responsibility for the direction of national development; to guarantee that it will be complete and sustainable, that it will fortify the sovereignty of the national and democratic regime, and that by means of the promotion of economic growth and growth of employment and a more just distribution of earnings and wealth, there will occur the full exercise of liberty and dignity of all individuals, groups, and social classes whose security is protected by this Constitution.
The State will plan, conduct, coordinate, and orient national economic activity, and will carry out the regulation and promotion of activities that the general interest demands, and of liberties that this Constitution demands.
The public sector, the social sector, and the private sector will concur, with social responsibility, in contributing to national economic development without damage to other forms of economic activity that contribute to the development of the nation.
The public sector will have exclusive responsibility for the strategic areas that are designated inÂ Article 28, paragraph fourÂ of the Constitution. The Federal Government shall always maintain the property of, and control over, the organizations which are established for this purpose.
Also, the public sector has the power to participate by itself, or with the social and private sectors, and in accordance with the law, to stimulate and organize priority areas of development.
Under the criteria of social equality and productivity, the public sector will support and stimulate the economic enterprises of the social and private sectors, subject to the methods which the public interest dictates and the use (to general benefit) of productive resources, ensuring their conservation, and balancing their use with the needs of the environment.
The law will establish the mechanisms that facilitate the organization and expansion of the economic activity of the social sector of the communes, workers organizations, cooperatives, communities, enterprises that pertain mostly or exclusively to workers, and in general of all forms of social organization for the production, distribution, and consumption of socially necessary goods and services.
The law will encourage and protect economic activities that fulfill these particulars, and stipulate the conditions under which the private sector should not be involved, in the terms that this Constitution establishes.
Article 26 – The State will organize a democratic system for the planning of national development that imprints solidity, permanence, and equity to the growth of the economy, for the independence and the political, social, and cultural democratization of the nation.
The purposes of national planning contained in this Constitution will determine the objectives of planning. Planning will be democratic and by means of the participation of the different social sectors; the aspirations and demands of society shall be gathered in order to incorporate them into the plan, and its programs for development. There will be a national plan of development to which the programs of the federal public administration will be subjected.
The law will assist the Executive in establishing the procedures for participation and popular consultation in the democratic system of national planning, and the criteria for the formulation, implementation, control and evaluation of the plan and programs for development. At the same time, the responsible organizations will determine the process of planning and its basis, so that the Federal Executive can coordinate by means of compacts with the governments of the federated entities, and initiate the programs’ development and execution.
In the system of democratic planning, the Congress of the Union will have the power of intervention as determined by law.
Article 27Â – Lands and waters understood to be within the limits of the national territory belong originally to the Nation, which has had and has the right of transmitting their ownership to particular persons, thus constituting them as private property. Expropriations may only be for cause of public utility, and by means of indemnization.
The Nation will at all times have the right to impose on private property the ways of use that the public interest dictates. Its use will be regular, to social benefit, and for the appropriation of its natural elements, with the object of making an equitable distribution of public wealth, taking care to conserve these elements, and to achieve balanced development of the country and improvement of life for the rural and urban population. As a consequence, the Nation will dictate the means necessary to keep human settlements functioning, and establish adequate provisions, uses, reserves, and end uses of lands, waters, and forests to the effect of building public works and planning and regulating their construction, conservation, improvement, and growth of centers of population, to preserve or restore ecological balance, to divide large estates; to manage, in the terms of regulating law, the organization and collective functioning of communes and communities, for the development of rural property; for the promotion of agriculture, ranching, use of forest products, and of the various economic activities in the rural setting, and to avoid the destruction of natural elements, and the damages that property may suffer to the detriment of society.
TheÂ Nation has direct ownership of all natural resources of the continental shelf and underwater zones around islands, of minerals or substances that are in veins, layers, or masses; of beds of ore that constitute deposits naturally distinct from the components of the earth, such as minerals from which metals and alloys used in industry are derived; of beds of precious stones; of rock salt, and the salts formed directly in sea waters; the products derived from the decomposition of rocks when their exploitation requires underground work; of mineral beds, or beds of organic materials that are used as fertilizers; solid combustible materials; of petroleum and all solid, liquid or gaseous hydrocarbons, and of the space situated over the national territory, to the extent and terms fixed by international law.
TheÂ waters of the territories are the property of the Nation, to the extent and terms fixed by international law: interior navigational waters, lagoons and inlets that are permanently or intermittently linked with the sea, naturally-formed interior lakes that have water in them constantly, rivers and their direct or indirect tributaries from the point where their first permanent intermittent or torrential water starts until their flow into the sea; lakes, lagoons, or inlets that are national property, constant or intermittently-running creeks and washes and their direct or indirect tributaries when, in all or part of their length, they serve as a boundary of national territory, or between two federated entities, or when they pass from one federated entity to another, or cross the boundary line of the Republic; lakes, lagoons, and inlets which cross boundary lines of two or more entities or between the Republic and a neighboring country, or when the limit of the banks serves as a boundary between two federated entities, or between the Republic and a neighboring country; waters that have their origins in beaches, maritime zones, river beds, or banks of lakes, lagoons, or inlets that are national property, and those that are extracted from mines, and river beds or beds of interior lakes to the extent that the law sets. Ground water may be freely appropriated by means of artificial works and used by the owner of the land, but when the public interest requires it or it affects other users, the Federal Executive has the power to regulate its extraction and utilization, and also to establish zones where ground water use is prohibited, equal to those waters which are national property. Whatever waters were not included in the preceding, are considered the property of the lands under which they run or where their deposits are found, but if they are located under two or more properties, the use of these waters is considered of public utility, and will remain subject to the dispositions that the States dictate.
In cases referred to in the two paragraphs above, the ownership of the Nation is inalienable and essential, and the exploitation, use, or enjoyment of these resources by individuals or by associations governed by Mexican law cannot take place except by means of concessions granted by the Federal Executive according to the rules and conditions which the laws establish. Normal laws relating to works or labors of exploitation of minerals and substances referred to in the fourth paragraph of this article will regulate the execution and verification by which the exploitation is conducted, or the operations by which it should be effected, independent of the date of granting of the concession. Non-observance will result in the cancellation of the concession. The federal government has the right to establish national reserves, and to relinquish them. The corresponding declarations will be made by the Executive in the cases and conditions that the laws specify. No concessions or contracts will be granted for the extraction of petroleum or solid, liquid, or gaseous hydrocarbons, or for radioactive minerals. The Nation will carry out the exploitation of these products in the terms that the respective regulating law specifies. The Nation has the exclusive right to generate, conduct, transform, distribute, and supply electrical energy for use in public service. In this matter, concessions will not be granted to individuals, and the Nation will make use of the goods and national resources required to achieve these ends.
The Nation also enjoys the right to use nuclear combustibles for the generation of nuclear energy, and to regulate its application in other uses. The use of nuclear energy is permitted only for peaceful ends.
The Nation will exercise control over an area situated outside the territorial seas and adjacent to them, under the rights of sovereignty and the jurisdiction that the laws of the Congress determine. The exclusive economic zone will extend to two hundred nautical miles from where the territorial seas start. In those cases in which this extension produces conflict with the exclusive economic zones of other countries, the boundaries of these zones will be determined by means of agreements with those countries.
TheÂ ability to acquire the domain of the lands and waters of the Nation will be regulated by the following prescriptions:
Only Mexicans by birth or naturalization and Mexican associations have the right to obtain ownership of lands, waters, and their accessories, or to obtain mining or ground water concessions. The State has the power to concede the same right to foreigners, as long as after verifying with the Secretariat of Relations that they will respect the lands and waters as nationals would, and will not invoke the protection of their governments. The penalty in case of violation of the contract is loss to the Nation of the benefits that were acquired from the concessions. In a zone of one hundred kilometers’ distance from the borders, and fifty from the coast, no foreigners shall be permitted to acquire direct ownership of land or water for any reason.
The State, in agreement with internal public interest and the principles of reciprocity, may allow foreign states to acquire real private property necessary for the direct service of their embassies or legations in the permanent place of residence of the Federal Powers.
II)Â Religious associations, as defined in the terms ofÂ Article 130Â and its regulating law, will have the capacity to acquire, possess, or administer exclusively the property that is essential for their object, with the requisites and limitations that the regulating law establishes.
III) Public or private institutions of benefit that have for their object aid to the needy, scientific research, the spread of education, the mutual aid of their members, or any other legal object may not acquire more real property than is necessary for the object immediately or directly destined to them, subject to what the regulating law establishes.
IV) Mercantile societies by means of stock may become owners of rural lands, but only in the extension that is necessary to complete their object.
In no case may societies of this type acquire lands dedicated to agriculture, ranching, or forestry activities in greater extension than the amount equivalent to twenty-five times the limits given in section XV of this article. The regulating law will regulate the capital structure and minimum number of members of these societies, to the effect that the lands owned by the society do not exceed what each member would own as small property. In this case, all property of individual investors corresponding to rural lands will be counted for the effects of computation. At the same time, the law will give the conditions for foreign participation in these societies.
The appropriate law will establish the means of registration and control necessary to implement this section.
V) Commercial banks that are authorized and that conform to the laws of credit institutions may hold capital obligations for rural and urban property in accordance with the prescriptions of the same laws, but they may not hold or administer more resources than those entirely necessary for their direct objects.
VI) The States and the Federal District, as well as the municipalities of all the Republic, will have the full capacity to acquire and possess all the real property necessary for public services. The laws of the Federation and the States, in their respective jurisdictions, will determine the cases in which public utility requires the occupation of private property. The procedures used by the administrative authority to acquire this property will be according to these laws. The price fixed for indemnification of the expropriated property will be based on its fiscal value as figured at the appraiser’s or assessor’s office. When its worth has been demonstrated by the owner, payment has been accepted by him or her tacitly. Any increase in value that the particular property has for improvements during or after the date of appraisal will be subject to expert judgment or judicial resolution only. The exercise of actions that belong to the Nation by virtue of the dispositions in the present article will have effect by judicial procedure, but within this procedure and by order of the corresponding tribunals that will dictate the maximum term of one month, the administrative authorities will proceed without delay with the occupation, administration, auction, or sale of the lands or waters taken and all their accessories, except that in no case may the same be revoked by the same authorities without a written order of execution.
VII) The judicial personality of concentrations of population in communes and communities is recognized, and their property on the land is protected as well as their human character and productive activities. The law will protect the integrity of the lands of indigenous groups.
The law, considering the respect and strengthening of the community life of communes and communities, will protect the land for human communities and regulate the use of common lands, forests, and waters, and the taking of actions of promotion necessary to elevate the level of life of their inhabitants.
The law, with respect for the will of commune and community residents to adopt the conditions most agreeable to them for the use of their productive resources, will regulate the exercise of the rights of community residents over the land, and of each commune resident over his or her own parcel of land. At the same time, it will establish the procedures by which commune and community residents have the power to associate with each other, with the State, or with third parties, and grant the use of their lands; and in conjunction with commune members, it will transmit their parcel rights among the individual members of the concentration of population, equally fixing the requisites and procedures by which the communes in assembly may grant individuals ownership of their parcels. In the case of transfer of parcels, in accordance with the right of preference that the law contains, within a given concentration of population, no commune member may become the owner of more than 5% of commune lands. In all cases the ownership of lands by one commune member must conform to the limits specified in section XV.
The general assembly is the supreme organ of a communal or community concentration of population with the organization and functions that the law specifies in section XV.
The general assembly is the supreme organ of a communal or community concentration of population with the organization and functions that the law specifies. The commune or community property commissioner, elected democratically in terms of the law, is the representative of the concentration of population, is the person responsible for the actions of the concentration, and is responsible for putting into effect the resolutions of the assembly.
The distribution of lands, forests, and waters to concentrations of population will take place in terms of the regulating law.
VIII) The following are declared null and void:
a) All transfers of lands, waters, and mountainous lands belonging to towns, settlements, congregations, or communities, made by the political heads, governors of the states, or by any other state or local authority in contravention to the disposal specified in the law of June 25, 1856, and other relevant laws and dispositions.
b) All concessions, settlements, or sales of lands, waters, and mountainous lands made by the secretariats of Promotion, Finance, or any other federal authority, from the first of December of 1876 to this date, when these lands and waters were invaded and illegally occupied, or of any other class of lands or waters pertaining to towns, settlements, congregations, or communities, and concentrations of population.
c) All acts of surveying or marking boundaries, transactions, transfers, or resolutions that took place during the time referred to in the previous subsection by companies, judges, or other authorities of the States or of the Federation, when these resulted in the illegal invasion or occupation of lands, waters, and mountainous lands of communes, commonly shared lands, or of any other cases belonging to concentrations of population.
Exceptions to the above will include only those lands transferred with regards to the law of June 25, 1856 and possessed with proper title of more than ten years, when their area does not exceed fifty hectares.
IX) The division or distribution that took place among neighbors of a concentration of population with an appearance of legitimacy, and in which there was an error or bad intent shall be nullified when three fourths of the persons are in possession of one fourth of the lands in question, or one fourth of the same persons are in possession of three fourths of the lands.
XV) Large estates remain prohibited in the United Mexican States.
Small agricultural property will be considered anything which does not exceed one hundred hectares of irrigated or non-irrigated prime land, or its equivalent in other classes of land.
For the purposes of equivalence, one hectare of irrigated land will be computed to be as two of secondary land, as four of grazing land of good quality, and as eight of woods, mountainous land, or grazing land in arid areas.
As small property, the land that an individual may have may not exceed one hundred fifty hectares when the lands are used to raise cotton, if they receive irrigation; and of three hundred if they are used for the cultivation of bananas, sugar cane, coffee, henequen, rubber, palm oil, wine grapes, olives, quinine, vanilla, cacao, or fruit trees.
Small ranching property will be considered anything which does not exceed the area necessary to maintain up to five hundred head of large livestock or its equivalent in small livestock, in the terms that the law fixes, in accord with the grazing capacities of the lands.
When, through works of irrigation, drainage, or any other works done by the owners or possessors of a small property, the quality of the land has been improved, the land will continue to be considered small property, even when, by virtue of the improvement obtained, it passes the maximum amounts specified by this section, as long as it remains as one piece of property according to the requisites that the law sets.
When, within one small ranching property, there are improvements in lands and these are dedicated to agricultural uses, the area utilized for these cannot exceed in any case the limits from the second and third paragraphs of this section that correspond to the quality that these lands had before the improvement.
XVII) The Congress of the Union and the legislatures of the states in their respective jurisdictions will pass laws that establish the procedures for the dividing and transfer of property that exceeds the limits specified in sections IV and XV of this article.
The excess must be divided and transferred by the owner within the term of a year from the receipt of notification. If the excess has not been transferred by the time the term has elapsed, the sale must be by means of a public auction. When possible, the right of preference will be respected by the regulating law.
State and local laws will determine what the worth of the family is, and determine the goods that belong to it on the basis that it will be inalienable and will not be subject to being frozen or encumbered with liens.
XVIII) All the contracts and concessions made by the previous government since 1876, that have had as a consequence the collection of lands, waters, and natural resources of the Nation for a single person or association, are declared subject to review, and the Executive of the Union will be enable to declare those that involve serious damage to the public interest null and void.
XIX) On the basis of this Constitution, the State will have at its disposal the means for the expedient and honest distribution of agrarian justice, with the object of guaranteeing legal recognition of the tenancy of collective and communal lands, and of small property, and it will support the legal rights of farmers.
All questions on the boundaries of communal and community lands, that have their origin in these, are under federal jurisdiction: pending or ongoing questions among two or more concentrations of population, as well as questions on the possession of the land of communes and communities. For these effects, and in general, for the administration of agrarian justice, the law will institute tribunals given autonomy and full justice with magistrates proposed by the Federal Executive and confirmed by the Chamber of Senators, or, in the Senate’s recess, by the Permanent Commission.
The law will establish an organ for pursuit of agrarian justice.
XX) The State will promote conditions for integral rural development, with the object of generating employment and guaranteeing the farming population’s well-being and its participation and incorporation in national development, and will promote agriculture and forest activity for the optimum use of land, with works of infrastructure, financial grants, credits, storage services, and technical assistance. At the same time, it will make regulating legislation to plan and organize agricultural production and its industrialization and commercialization, considering the public interest.
Article 28Â – In the United Mexican States, monopolies, monopolistic practices, monopolistic concessions, or exemptions from taxes in the terms and conditions that the laws fix remain prohibited. The same treatment will be applied to prohibiting titles of protection for industry.
As a consequence, the law shall severely punish, and the authorities will attack with efficiency all concentration or gathering in one or a few hands of the market for necessary articles of consumption and that has as its object the increase of prices; any agreement, proceeding, or combination of producers, industries, trade companies, or service enterprises that in any manner results in avoiding the free concurrence or competition among them, and obligates consumers to pay exorbitant prices; and in general all that constitutes improper exclusive advantage to the favor of one or various particular persons, and with damage to the public in general or some social class.
The functions that the State exercises in exclusive manner will not constitute monopolies in the following strategic areas: postal delivery, telegraphs, and radio telegraphy, petroleum and the various hydrocarbons, basic petrochemicals, radioactive minerals and generation of nuclear energy, electricity, and the activities that the laws that the Congress of the Union makes expressly specify. Satellite communications and railroads are priority areas for national development in terms ofÂ Article 25Â of this Constitution; the State, to exercise its control over them, and to protect the security and sovereignty of the Nation, may grant concessions or permits to maintain or establish these ways of communications or transportation in agreement with the laws on them.
TheÂ State will work with the organizations and enterprises that require it for efficient handling of strategic areas in its charge; and in their activities of priority character, where in accordance with the law, it participates by itself or with the social and private sectors.
The State will have a central bank that will be autonomous in the exercise of its functions and in its administration. Its highest priority will be to secure the stability of the buying power of the national currency, strengthening with it the governing of the national development along with the State. No authority may order the bank to give financing.
The functions that the State exercises in exclusive manner, through the central bank in the strategic areas of coining money and distribution of bills, are not monopolies. The central bank, in terms that the laws establish, and with the intervention that the competent authorities have, will regulate exchange as well as intermediary and other financial services, relying on the amount of authority necessary to carry out their regulation and provide for their observance. The conducting of the affairs of the bank will be by persons named by the President of the Republic with the approval of the Chamber of Senators, or the Permanent Commission, in the Senate’s recesses, with the discharge of their office for periods of duration, and staggered in order to promote the autonomous exercise of their functions. They may be removed only for serious cause, and they may not have any other employment, duty, or commission, with the exception of those who already represent the bank, and those who have non-salaried positions in artistic, scientific, cultural, or beneficiary societies. The persons in charge of conducting the central bank will be subject to political judgment conforming to the disposition inÂ Article 110Â of this Constitution.
Associations of workers formed to protect their own interests, and cooperative associations or societies of producers which (in defense of their interests or the general interest) sell national products in foreign markets, or industries that are the principal source of wealth of the region where the products are produced, or which are not articles of primary necessity, as long as such associations are under the watch or protection of the Federal Government or the states, and have previously obtained authorization from each of those respected legislative bodies, do not constitute monopolies. The legislatures by themselves, or by directing the Executive, may revoke (when public necessity demands it) the authorizations given for the formations of these groups.
Neither do the privileges that are given to authors and artists for the production of their works for a determinate time, nor those given to inventors and people who perfect a product, constitute monopolies.
The State (subject to the laws) may in cases of general interest concede the performing of public services, or the exploitation, use, and enjoyment of property of the Federation, except with the exceptions that the same laws prevent. The laws will set the means and conditions that assure the efficiency of performance of services and the social utilization of property, and avoid phenomena of concentration that are contrary to the public interest.
The subjection of public services to regulation will be placed at the disposal of the Constitution, and will be carried out only by means of law.
Subsidies may be granted to priority activities when they are generally of temporary nature, and do not substantially affect the finances of the Nation. The State will watch over their application, and evaluate their results.
Article 29Â – In cases of invasion, serious perturbation of the public peace, or anything else that puts society in serious danger or conflict, only the President of the United Mexican States (in agreement with the heads of the Secretariats of State, the administrative departments, and the Office of the Attorney General of the Republic, and with approval of the Congress of the Union, or, in its recess, the Permanent Commission) has the power to suspend in all the country (or in a determined place) the guarantees that are obstacles to dealing directly, rapidly, and easily with the situation. This, however, must be for a limited time, by means of general prevention, and must not apply to a specified individual. If the suspension occurs when the Congress is in session, it must contain the authorizations deemed necessary for the Executive to deal directly with the situation, but if it takes place in the time of its recess, the Congress will be convened without delay for its agreement.
Article 30Â – Mexican nationality is acquired by birth or by naturalization.
a) Mexicans by birth are:
I) Those born in the territory of the Republic, no matter what the nationality of their parents is;
II) Those born in foreign territory, sons or daughters of Mexican parents born in national territory, a Mexican father born in national territory, or a Mexican mother born in national territory;
III) Those born in foreign territory, sons or daughters of Mexican parents by naturalization, of a Mexican father by naturalization, or of a Mexican mother by naturalization;
IV) Those born on board Mexican ships or aircraft, whether military or civil.
b) Mexicans by naturalization are:
I) Foreigners who obtain a naturalization document from the Secretariat of Relations.
II) The foreign woman or man who marries a Mexican man or woman, who has or establishes residence within national territory, and complies with the various requirements that the laws in effect specify.
Article 31 – Obligations of Mexicans are:
I) To make sure their children under their care obtain primary and secondary education, and receive military training, in terms that the law establishes.
II) To be present in the days and hours assigned by the municipal government (in the place where they live) to receive civic and military instruction, to maintain competence in the exercise of the rights of a citizen, skill in the handling of arms, and acquaintance with military discipline.
III) To enlist and serve in the National Guard, conforming to the respective organic law, to assure and defend the independence, territory, honor, rights and interests of the country, as well as tranquility and interior order.
IV) To contribute to public spending, including that of the Federation, as well as the Federal District or the State or Municipality where they reside, in a manner that is proportional and equitable, as the laws specify.
Article 32Â – The law will regulate the exercise of rights that Mexican legislation grants to Mexicans who possess another nationality, and establish standards to avoid conflicts of double nationality.
The exercise of duties and functions for which, by disposition of the present Constitution, may be reserved to those who have the quality of Mexican nationality, and do not receive another nationality. This reservation also will be applicable to those cases which other laws of the Congress of the Union specify.
In time of peace, no foreigner may serve in the Army, or in police or public security forces. To belong actively to the Army in time of peace, or to the National Navy or the Air Force at any moment, and discharge any duty or commission in them, one is required to be Mexican by birth. The same quality is indispensable for captains, pilots, owners, machinists, mechanics, and in general for all personnel who staff any ship or aircraft that carries the Mexican flag or merchant insignia. Also, Mexican citizenship by birth is necessary to exercise the responsibilities of port captain, and all the services of director of an airport.
Mexicans will be preferred to foreigners in equality of circumstances, for all classes of concessions and all employment, duties, or commissions of government for which the quality of citizenship is not indispensable.
Article 33 – Foreigners are those who do not possess the qualities determined inÂ Article 30. They have the right to the guarantees of Chapter I of the first titleÂ of this Constitution, but the Executive of the Union has the exclusive right to expel from the national territory, immediately and without necessity of judicial proceedings, all foreigners whose stay it judges inconvenient. Foreigners may not, in any manner, involve themselves in the political affairs of the country.
Of Mexican Citizens
Article 34 – Citizens of the Republic are those men and women, who having the quality of Mexican nationality, have the following requisites besides:
I) Have attained the age of eighteen years;
II) Have an honest way of living.
Article 35Â – These are duties of the citizen:
I) To vote in popular elections;
II) To be available for all the responsibilities of popular election, and to be named to any other employment or commission, having the qualities that the law establishes;
III) To take part individually and freely in the political affairs of the country;
IV) To take arms in the Army or National Guard for the defense of the Republic, and its institutions, in the terms that the laws prescribe, and;
V) To exercise the right of petition in all classes of affairs.
Article 36Â – These are obligations of the citizen of the Republic:
I) To place his or her name on the municipal rolls, noting the property that he or she has, as well as his or her industry, profession, or trade; and to place his or her name on the National Register of Citizens, in the terms that the law determines.
The permanent organization and functioning of the National Register of Citizens and the making of the document that affirms Mexican citizenship are services of public interest, and as such, they are the responsibility of the State and the citizens in the terms that the law establishes.
II) To enlist in the National Guard;
III) To vote in popular elections in their electoral districts;
IV) To discharge the duties of popular election of the Federation or of the States, which in no case will be unpaid, and;
V) To discharge the civic responsibilities of the Municipality where he or she resides, electoral functions and jury service.
A) No Mexican by birth may be deprived of his or her nationality.
B) Mexican nationality by naturalization is lost in the following cases:
I) For voluntary acquisition of a foreign nationality; for using any public instrument as a foreigner, for using a foreign passport, and for accepting or using titles of nobility that imply submission to a foreign State, and;
II) For residing for five continuous years in foreign territory.
C) Mexican citizenship is lost by:
I) Accepting or using titles of nobility of foreign governments;
II) Voluntarily giving official services to a foreign government without permission of the Federal Congress or its Permanent Commission;
III) Accepting or using foreign decorations and honors without permission of the Federal Congress or its Permanent Commission;
IV) Accepting from the government of another country titles or functions without previous permission from the Federal Congress or its Permanent Commission, excepting literary, scientific, or humanitarian honors, that one may accept freely;
V) Aiding against the nation, a foreigner, or a foreign government, in any diplomatic dispute or before an international tribunal, or;
VI) In the other cases that the laws set.
In the case of sections II to IV of this part, the Congress of the Union will establish in the respective regulating law, the cases of exception for which permits and licenses will be understood to be granted, and the time over which the receiver may use them. The application for such a permit or license is the sole responsibility of the applicant.
Article 38Â – The rights or duties of citizens are suspended:
I) By lack of complying, without just cause, with any of the obligations thatÂ Article 36Â specifies. This suspension will last one year, and will be imposed in addition to the other penalties that the law specifies at the same time;
II) For being subject to a criminal process, or for a crime that merits corporal punishment, from the date of the formal writ of imprisonment,
III) During the service of a corporal punishment;
IV) For vagrancy, or habitual drunkenness, declared in the terms that the laws predispose;
V) By being a fugitive from justice, from the time the order of apprehension is given to when penal action is prescribed, and;
VI) By executive sentence that has suspension as a penalty.
The law will set the cases in which citizenship will be lost, and the others in which the rights of citizenship will be suspended, and the manner of making rehabilitation.
Of National Sovereignty and of the Form of Government
Article 39 – National sovereignty resides essentially and originally in the people. All public power comes from the people, and it is instituted for their benefit. The people have, at all times, the inalienable right to alter or modify the form of their government.
Article 40 – It is the will of the Mexican people to be constituted in a representative, democratic, federal republic, comprised of free States, sovereign in all things that concern their internal affairs, but united in a federation established according to the principles of this fundamental law.
Article 41Â – The people exercise their sovereignty by means of the Powers of the Union in the cases of the competency of these, and by those of the States in those things that concern their internal affairs, in the terms established by the present Federal Constitution and those of the States, which in no case may contravene the stipulations of the Federal Pact.
The change of the Legislative and Executive powers will take place by means of free, authentic, and periodic elections, conforming to the following bases:
I) Political parties are entities of public interest; the law will determine the specific forms of their participation in the electoral process. The national political parties will have the right to participate in state and municipal elections.
Political parties have as an end to promote the participation of people in democratic life, to contribute to the integration of national representation and, as organizations of citizens, to make possible the access of the exercise of public power to them, in accord with the programs, principles, and ideas that they advocate, and by means of universal, free, secret, and direct suffrage. Only citizens may affiliate freely and individually with political parties.
II) The law will guarantee that the national political parties will have, in a fair manner, the elements to conduct all their activities. As such, they will have the right of use of the popular means of communication in permanent form, in agreement with the forms and procedures which establish them. Besides, the law will specify the rules to which the financing of political parties will be subject, guaranteeing that public resources prevail over those of private origin.
Public financing for political parties that maintain their registry after each election, will consist of the amounts destined to sustain their permanent ordinary activities, and those used in the obtaining of the vote during electoral processes. It will be granted as follows, and according to law.
A) Public financing for the sustaining of their ordinary permanent activities will be set annually, by using the minimum campaign costs calculated by the superior organ of direction of the Federal Electoral Institute, the number of senators and deputies to elect, the number of parties in the chambers of the Congress of the Union, and the duration of the electoral campaigns. Thirty percent of the total resulting from what was given previously will be distributed among the political parties in equal form, and the remaining 70% will be distributed among them according to the percentage of votes that they obtained in the last election for deputies.
B) Public financing for the activities pertaining to the obtaining of the vote during electoral processes, will be equivalent to an amount that each political party receives for its activities in that year, and;
C) A portion of the annual financing distributed to political parties will be distributed for activities relative to education, training, socioeconomic and political research, as well as editorial work.
The law will set the criteria in order to determine the limits of financing of political parties in their electoral campaigns, establish the maximum amounts that their sympathizers may contribute financially, and the procedures for control and watching over the origin and use of all resources available to them. At the same time, it will specify the sanctions to be imposed upon them for noncompliance with these dispositions.
III) The organization of federal elections is a state function to be carried out by an autonomous public organism called the Federal Electoral Institute, granted juridical personality and its own budget. It will be formed through the participation of the Legislative Power, the political parties, and citizens in the terms that the law orders. In the exercise of this state function, certainty, legality, independence, impartiality, and objectivity will be principal guides.
The Federal Electoral Institute will be authoritative in its matters, independent in its decisions and functioning, and professional in the discharge of its duties. It will have a structure with direction, executive, technical, and vigilance organs. The General Council will be its superior organ of direction, and will have a council president and eight electoral council members. With a voice, but without a vote, it will include council members from the Legislative Power, representatives of the political parties, and an executive secretary. The law will determine the rules and functioning of its organs, as well as the chain of command among them. The executive and technical organs will have the personnel available to give professional electoral service. The dispositions of the electoral law and the statute based on it will be approved by the General Council, and regulate labor relations of the servants of the public organism. The organs of vigilance will be made up mostly by representatives of the national political parties. Direction of tables of polling places will be staffed by citizens.
The council president and members of the General Council will be selected at the same time, by a vote of two thirds of the members present of the Chamber of Deputies, or, in its recesses, by the Permanent Commission, from the proposal of the parliamentary groups. Conforming to the same procedure, eight alternate council members will be designated, in order of preference. The law will establish the rules and procedures for the selections.
The council president and members will remain in their duties for seven years, and they may not have any other employment, duties, or commissions, with the exception of those for which they represent the General Council, and those they discharge in educational, scientific, cultural, research, or charitable associations, for which they are not reimbursed. The pay that they receive will be equal to that specified for the ministers of the Supreme Court of Justice of the Nation.
The executive secretary will be named by two thirds of the General Council, upon the proposal of the president.
The law will establish the requirements for the designation of the president of the General Council, the council members, and the executive secretary of the Federal Electoral Institute, who will be subject to the regimen of responsibilities established in theÂ Fourth Title of this Constitution.
The council members of the Legislative Power will be proposed by the parliamentary groups with party affiliation in one or both of the Chambers. There may be only one council member for each parliametary group that is not recognized in both Chambers of the Congress of the Union.
The Federal Electoral Institute will have at its charge, in complete and direct form, besides what the law determines, activities relative to civic training and education, electoral boundaries, the rights and prerogatives of interest groups and political parties, the register and list of voters, printing of electoral materials, preparation of the electoral day, computation of results in the terms that the law specifies, declaration of validity and granting of certificates of election of deputies and senators, computing of the results of the election of the President of the United Mexican States in each single election district, as well as regulation of poll watching, and written or verbal opinion polls with electoral ends. The sessions of all collected organs of direction will be public, in the terms that the law specifies.
IV) To guarantee the principles of constitutionality and legality of electoral acts and resolutions, a system of means of challenge will be established, in the terms that this Constitution and the law specify. This system will make definite the distinct stages of electoral processes, and guarantee protection of the political rights of voting citizens. Challenges will be voted on in association, in the terms of Article 99Â of this Constitution.
In electoral matters, the use of the constitutional or legal means of challenge wil not produce effects that will suspend the challenged resolution or act.
Of the Parts that Comprise the Federation and of the National Territory
Article 42 – The national territory includes:
I) That of the parts that make up the Federation;
II) That of the islands (including the reefs and islets in the adjacent seas);
III) That of the Guadalupe and Revillagigedo islands, situated in the Pacific Ocean;
IV) The continental shelf and underwater bases of the islands, islets, and reefs;
V) The waters of the territorial seas in the extent and terms that international law sets, and the interior waterways;
VI) The space situated over national territory, with the extension and means that appropriate international law establishes.
Article 43 – The parts that make up the Federation are the states of Aguacalientes, Baja California, Baja California Sur, Campeche, Chiapas, Chihuahua, Coahuila, Colima, Durango, Guanajuato, Guerrero, Hidalgo, Jalisco, MĂ©xico, MichoacĂˇn, Morelos, Nayarit, Nuevo LeĂłn, Oaxaca, Puebla, QuerĂ©taro, Quintana RĂło, San Luis PotosĂ, Sinaloa, Sonora, Tabasco, Tamaulipas, Tlaxcala, Veracruz, YucatĂˇn, Zacatecas, and the Federal District.
Article 44Â – Mexico City is the Federal District, seat of the powers of the Union, and capital of the United Mexican States. It will contain the territory that it now has, and in the case that the Federal Powers move elsewhere, it will become the State of the Valley of Mexico with the boundaries and area given it by the General Congress.
Article 45 – The States of the Federation will keep the area and boundaries that they have had up to now, as long as there has been no difficulty with these.
Article 46 – The States may agree among themselves, by friendly compacts, on their respective boundaries, but these agreements cannot come into effect without the approval of the Congress of the Union.
Article 47 – The State of Nayarit shall have the territorial area and boundary limits that comprised, as of the day this Constitution took effect, the territory of Tepic.
Article 48 – The islands, islets, and reefs of the adjacent seas which belong to national territory, the continental shelf, the submarine bases of islands, islets, and reefs, the territorial seas, the interior waterways, and the space situated over national territory will be governed directly by the Government of the Federation (with the exception of those islands which to the day that this Constitution took effect have been governed by the States).
Of the Division of Powers
Article 49 – For purposes of its exercise, the Supreme Power of the Federation is divided into Legislative, Executive, and Judicial.
Two or more of these powers may not be concentrated in one individual person or corporation, except in case of extraordinary powers to the Executive of the Union (as specified inÂ Article 29). In no other case (except as disposed in theÂ second paragraph of Article 131) may extraordinary abilities to legislate be granted.
Of the Legislative Power
Article 50 – The Legislative Power of the United Mexican States resides in a General Congress, which will be divided into two Chambers, one of Deputies, and the other of Senators.
Of the Installation and Election of the Congress
Article 51Â – The Chamber of Deputies will be composed of representatives of the Nation, elected in their entirety every three years. For each deputy, an alternate will be established.
Article 52 – The Chamber of Deputies will be made up of 300 deputies elected according to the principle of plurality vote from individual electoral districts, and two hundred deputies, who will be elected according to the System of Regional Lists, voted from multiple electoral areas.
Article 53 – The territorial demarcation of the three hundred individual electoral districts will be the result of dividing the total population of the country. The distribution of the individual electoral districts among the federated entities will be determined from the count of the last general census of population, except that in no case may a State have less than two deputies by plurality vote.
For the election of the two hundred deputies according to the principle of proportional representation and the System of Regional Lists, there will be five multiple electoral areas in the country. The law will determine the form of establishing the territory of the areas.
Article 54Â – The election of the two hundred deputies according to the principle of proportional representation, and the system of assignment by regional lists, is subject to the following bases, and what the law disposes:
I) A political party, to obtain registration of its regional lists, must run candidates for deputies by plurality in at least two hundred single districts.
II) All political parties that get at least two percent of the total of the vote cast for the regional lists of the multiple electoral areas will have the right to have deputies according to the principle of proportional representation.
III) To the political parties that meet the requirements of the above two bases, in addition to the plurality results that their candidates receive, seats will be assigned by the principle of proportional representation, in agreement with the parties’ national vote, and the number of deputies on their regional lists that correspond to each multiple area. In the assignment, the order that they candidates had on the corresponding lists will be followed.
IV) In no case may a political party have more than three hundred deputies by both principles.
V) In no case may a political party have a number of deputies by both principles that exceeds its percentage of the national vote by eight percent. This base will not apply to the political party by which, through its victories in single election districts, obtains a total number of seats in the Chamber that exceeds the percentage of its national vote plus eight percent.
VI) In the terms established in sections III, IV, V, and VI above, deputies of proportional representation that were assigned according to what is disposed in sections V or VI who leave office, will be replaced by these political parties with one of their own from the multiple areas, in direct proportion to the national vote that the parties received, in the last election. The law will develop the rules and formulas necessary for these effects.
Article 55Â – The following are required to be a deputy:
I) To be a Mexican citizen by birth in the exercise of his or her rights;
II) To be twenty-one years of age on the day of the election;
III) To have come from the state in which the election is held, or a neighbor of it, for more than six months of effective residence before the date of election.
To be able to be on the lists of the multiple electoral areas as a candidate for deputy, the candidate must come from one of the federated entities in the area where the election is being held, or a neighbor of the area with effective residence of six months previous to the date the election is held.
Residence is not lost by absence in the discharge of public responsibilities of popular election.
IV) Not to be in active service in the Federal Army, or having command in the urban police or judicial police force in the district where the election is taking place, for at least ninety days before it;
V) Not to be a secretary or subsecretary of state, or magistrate of the Supreme Court of Justice of the Nation, unless he or she has definitely left the position ninety days before the election, in the case of the secretaries and subsecretaries, or two years, in the case of the ministers.
The governors of the states may not be elected in their entities during the period of their office, unless they definitely leave their posts.
Secretaries of government of the states, and federal and state magistrates and judges may not be elected in their representative jurisdictions if they have not definitely left their posts ninety days before the election.
VI) Not be a minister of a religious sect;
VII) Not have any of the incapacities specified inÂ Article 59.
Article 56Â – The Chamber of Senators will have one hundred twenty-eight senators. Of these, in each state and the Federal District, two will be elected by plurality vote, and one will be assigned to the primary minority. For these effects, political parties must register a list with two names of candidates. The seat of senator of the first minority will be assigned to the list of the political party that, at the same time, obtained second place in number of votes in the entity where the election was held.
The remaining thirty-two senators will be elected according to the principle of proportional representation, by means of the system of lists voted in one national multiple electoral area. The law will establish the rules and formulas for these effects.
The Chamber of Senators will change totally every six years.
Article 57 – For each senator, there will be an alternate.
Article 58 – To be a senator requires the same qualifications as to be a deputy, except for age, which will be 25 years at least on the day of election.
Article 59Â – Senators and deputies of the Congress of the Union may not be re-elected to the term following the one for which they were elected.
Alternate senators and deputies may be elected to the primary positions for the term immediately following the current term, always as long as they are not exercising the office; but primary senators and deputies may not be elected to the immediately following term as alternates.
Article 60Â – The public organism provided for inÂ Article 41Â of this Constitution, in agreement with what the law disposes, will declare the validity of elections of deputies and senators in each individual electoral district and each of the federated entities, certify the respective results of the lists of candidates who have obtained a plurality of votes, and will assign senators of primary minority, in conformance to what is given inÂ Article 56Â of this Constitution and the law. At the same time, it will make the declaration of validity and assignment of deputies according to the principle of proportional representation, in conformance withÂ Article 54Â of this Constitution and the law.
The determinations about declarations of validity, certification of results, and assigning of deputies or senators may be challenged before the regional committees of the Electoral Tribunal of the Judicial Power of the Federation, in the terms that the law specifies.
The resolutions of the committees to which the last paragraph refers, may be exclusively reviewed by the superior committee of the same tribunal, and political parties may participate only if the results of the election would have been different if it had not been for the challenged acts. The rulings of the Committee will be definitive and unimpeachable. The law will establish the foundations, requirements of origin, and steps for this method of challenge.
Article 61Â – Deputies and senators are inviolable for the opinions that they express in the discharge of their duties, and never may be called to account for them.
Article 62Â – Primary deputies and senators, during the period of their office, may not discharge any other commission, or have any gainful employment from the Federation or the States, without previous permission from their Chamber; but when they are no longer performing their representative functions, they may perform their new occupations. The same rule will apply to alternate deputies and senators when they are exercising representative duties.
Violation of this rule will be punished by loss of the position of deputy or senator.
Article 63Â – The Chambers may not open their sessions or exercise their duties without the consent of more than half of the total number of their respective members, but the members present from one and the other may assemble on the day specified by law and compel the absent members to join them within the following thirty days, with the warning that if they do not do so, it will be understood that they have not accepted their office, that their alternates will be called for the same term; and if they do not appear either, that their posts will be declared vacant, and new elections will be called.
It is also understood that deputies or senators who are absent for ten consecutive days, without just cause or previous permission from the president of the respective Chamber to which they belong, have vacated their offices for the immediate period, and their alternates will be called as soon as possible.
If there was not a quorum to install a Chamber, or to exercise its functions at any time, the Chamber will meet immediately with the alternates who present themselves at the shortest notice to discharge its responsibilities, during the period of thirty days discussed before.
Those who have been elected deputies or senators, who, without just cause, as judged by their respective Chamber, do not present themselves to discharge their responsibilities within the term specified in the first paragraph of this article, will incur the responsibilities and be subject to the sanctions that the law specifies. Also, a national political party that has run candidates in an election for deputies or senators will receive sanctions from the same law, if it concurs with the members who are elected that they will not present themselves to discharge their functions.
Article 64Â – Deputies and senators who, without just cause, or without permission from their respective Chamber, do not meet for a session, do not have the right to receive any salary from the day that they were absent.
Article 65 – The Congress will meet beginning on the 1st of September of each year, to conduct a first period of ordinary sessions, and beginning on the 15th of March of each year to conduct a second period of ordinary sessions.
In both Periods of Sessions, the Congress will occupy itself with study, discussion, and voting on the initiatives of law presented to it, and with the resolution of all affairs that are presented to it conforming to this Constitution.
In each Period of Ordinary Sessions, the Congress will occupy itself in a manner specified by its Organic Law.
Article 66 – Each period of ordinary sessions will last for the time necessary to deal with all the affairs mentioned in the previous article. The first period may not last beyond the 15th of December of the same year, except when the President of the Republic comes into office on the date given byÂ Article 83Â in a given year, in which case the sessions may be extended until the 31st of December of the same year. The second period may not last beyond the 30th of April of the same year.
If the two Chambers do not agree before the dates indicated when to end their sessions, the President of the Republic will resolve the matter.
Article 67 – The Congress, or either one of its Chambers (when it deals with affairs exclusive to it), may assemble, each time that it is called together for that purpose by the Permanent Commission, but it will occupy itself with the affair or affairs that the Commission has summoned it to attend to, which affairs it will discuss in the respective meetings.
Article 68 – The two Chambers will reside in one place, and may not move to another without having first agreed to the move and the time and mode of confirming it, designating the same place for the meeting of both. However, if the two disagree in the particulars (such as time, mode, and place) the Executive will resolve the difference, selecting one of the two alternatives in question. Neither chamber may suspend its sessions for more than three days without the consent of the other.
Article 69 – At the opening of the Ordinary Sessions of the First Period of the Congress, the President of the Republic will attend, and present a written report which shows the general state in which the public administration finds the country. At the opening of extraordinary sessions of the Congress of the Union or of only one of its Chambers, the President of the Permanent Commission will inform it about the motives or reasons for the meeting.
Article 70 – Every resolution of the Congress will be in the form of a law or a decree. Laws or decrees will be communicated to the Executive (signed by the presidents of both chambers, and a secretary of each one) and they will be stated in this form: “The Congress of the United Mexican States decrees: (text of law or decree).”
The law will determine the format and procedures for grouping of deputies, according to their party affiliation, with the effect of guaranteeing the free expression of the ideological currents represented in the Chamber of Deputies.
This law may not be vetoed, and it does not require the Federal Executive to put it into force.
Of the Initiation and Formation of Laws
Article 71 – The right to initiate laws or decrees lies in:
I) The President of the Republic.
II) The deputies and senators of the Congress of the Union.
III) The legislatures of the States.
The initiatives presented by the President of the Republic, or by the legislatures of the states (or by their representatives) will go immediately to committee. Those that deputies or senators present will be subject to the terms that the rules of debate designate.
Article 72 – All bills of law or decree (the resolution of which does not belong exclusively to one of the chambers) will be discussed successively in both, observing the rules of debate about the form, intervals, and mode of proceeding in discussions and voting.
a) After a bill is approved in the chamber of its origin, it will go to the other for discussion. If it is approved there, it will be sent to the Executive, who (if it does not have observations to make) will publish it immediately.
b) All bills will be considered approved by the Executive Power if observations about them have not been returned to the Chamber of their origin, within ten working days; unless, its terms having expired, the Congress has adjourned or suspended its sessions, in which case the return will be made on the first working day in which the Congress has reassembled.
c) A bill of law or decree rejected in full or in part by the Executive will be returned with its observations to the Chamber of its origin. It will be discussed again, and if it is confirmed by two thirds of the total number of votes, it will pass to the other Chamber for its review. If it is approved there by the same vote of two thirds, the bill will become law or decree, and will return to the Executive for its promulgation.
Votes of law or decree will be by roll call.
d) If a bill of law or decree is rejected totally by the Chamber of review, it will be returned to that of its origin with the observations made about it. If, upon new examination, it is approved by the majority of the members present, it will be returned to the Chamber that disapproved it to come into consideration another time, and if it was approved by the majority, it will be sent to the Executive by the means of base a), but if it is not approved, it may not be presented again in the same period of sessions.
e) If a bill of law or decree was disapproved in part, or modified, or added to by the Chamber of review, the new discussion of the Chamber of its origin will deal only with what was rejected, or about the changes or additions, without altering the approved articles in any manner.
If the additions or changes made by the Chamber of review were disapproved by the majority of votes in the Chamber of its origin, they will be returned there with the reasons for their rejection; and if by the majority of votes present, the Chamber of origin rejects these additions or changes, the parts of the bill that have been approved by both Chambers, it will pass to the Executive by means of base a).
If the Chamber of review insists, by the majority of votes present, on these additions or changes, the whole bill will not return to be presented until the following periods of sessions, unless both Chambers agree, by the majority of their members present, to dispatch the law or decree only with articles approved, and to reserve additions and changes for examination and voting in the following sessions.
f) In the interpretation, change, or repeal of laws or decrees, the same procedures established as for their formation will be observed.
g) All bills of law or decree that are rejected in the Chambers of their origin, may not be presented again in the sessions of the year.
h) The formation of laws or decrees may begin in either of the two Chambers, with the exception of bills that pertain to borrowing or taxes, or to the recruiting of troops, all of which will be discussed first in the Chamber of Deputies.
i) The initiatives of law or decree shall be discussed preferentially in the Chamber in which they are presented, at least within one month from when they are passed to the appropriate committee for its opinion. If the Chamber has not given an opinion on the law or decree, it may be presented and discussed in the other Chamber.
j) The Executive of the Union cannot make observations about the resolutions of the Congress or one of its Chambers when they are exercising functions as an electoral body or jury, or when the Chamber of Deputies declares that it should accuse one of the high officials of the Federation of official crimes. However, it may present decrees at extraordinary sessions that the Permanent Commission calls.
Of the Powers of the Congress
Article 73Â – The Congress has the power:
I) To admit new States to the Federal Union;
III) To form new States within the limits of those existing, given the following:
1st) That the fraction or fractions that seek to be established as States have a population of at least one hundred twenty thousand inhabitants;
2nd) That it is proven before the Congress that they have enough elements to sustain their political existence;
3rd) That the Congress has heard the legislatures of the States of the territory in question about the convenience or inconvenience of the establishment of the new State, they being obligated to give their opinion within six months, counted from the day when they receive the communication about the issue;
4th) That the Congress has equally heard the Executive of the Federation, which will give its opinion within seven days, counted from the date when it was sought;
5th) That the establishment of the new State has been voted for by two thirds of the deputies and senators present in their respective Chambers;
6th) That the resolution of the Congress was ratified by the majority of the legislatures of the States, having previously examined the copy of the resolution, as long as the legislatures of the States of its territory have given their consent.
7th) If the legislatures of the States of the territory in question have not given their consent, the ratification that the previous paragraph discusses will require two thirds of the total of the legislatures of all the States concerned.
IV)Â To definitively set the boundaries of the States, resolving the differences among them that they have about the demarcation of their respective territories, except when their differences have a contentious character;
V) To change the residence of the Supreme Powers of the Federation;
VII) To impose the taxes and fees necessary to cover the budget;
VIII) To give bases by which the executive may take loans on the credit of the nation, to approve those same loans, and to recognize and direct the payment of the national debt. No loan may be made except for the execution of works that directly produce and increase public income, except for those that are made with purposes of monetary regulation, operations of conversion, and those contracted during some emergency declared by the President of the Republic in the terms ofÂ Article 29. At the same time, the Congress will annually approve the amount of debt payment that must be included in the law of income, in which case the Government of the Federal District and the entities of its public sector require, conforming to the bases of the corresponding law. The Federal Executive will annually inform the Congress of the Union about the exercise of the debt, to which effect the Head of the Federal District will have the report about how the borrowed money was spent. The Head of the Federal District will equally report to the Assembly of Representatives of the Federal District, to give public account.
IX) To regulate interstate commerce by establishing restrictions on it;
X) To legislate about hydrocarbons, mining, the cinematographic industry, commerce, games of chance and drawings, consumer and other financial services, electrical and nuclear energy, and to make labor laws as regulated byÂ Article 123;
XI) To create and eliminate positions of public employment by the Federation, and specify, increase, or decrease the pay for them;
XII) To declare war, in view of the facts that the Executive presents to it;
XIII) To make laws according to which persons captured on sea or on land are declared friendly or hostile, and to make laws relative to maritime rights of peace and war;
XIV) To raise and sustain the armed institutions of the Union, namely: National Army, Navy, and Air Force, and regulate their organization and service;
XV) To give regulations with the object of organizing, arming, and disciplining the National Guard, reserving to the citizens who form it, the naming of heads and officials, and to the states the power of drilling it according to the discipline described by these regulations;
XVI) To make laws about nationality, legal condition of foreigners, citizenship, naturalization, colonization, emigration and immigration, and general health of the Republic;
1st) The Council of General Health will answer directly to the President of the Republic, without the intervention of any Secretary of State, and its general rulings are obligatory in the country.
2nd) In case of an epidemic of serious nature or the danger of invasion of exotic diseases into the country, the Department of Health will have the obligation to begin indispensable preventive means immediately. The President of the Republic reserves the right to sanction these means afterwards.
3rd) The sanitary authority will be executive, and its regulations will be obeyed by the administrative authorities of the country.
4th) The means by which the council puts into force the campaign against alcoholism and the sale of substances that poison the individual or degenerate the human species, as well as means adopted to prevent and combat environmental pollution, will afterwards be revised by the Congress in the cases in which they conflict with it.
XVII) To make laws about general means of communication and about postal and mail matters; and to make laws about the use and enjoyment of waters of federal jurisdiction;
XVIII) To establish houses of money, set the conditions under which they operate, determine the value of foreign money, and adopt a general system of weights and measures;
XIX) To make regulations to which the occupation and transfer of uncultivated lands is subject, and to set their price;
XX) To make laws about the organization of the Mexican diplomatic and consular corps;
XXI) To establish the crimes and offenses against the Federation and set the penalties for violation of these;
XXII) To give amnesty for crimes, the jurisdiction of which belongs to the courts of the Federation;
XXIII) To make laws that establish the bases of coordination among the Federation, the Federal District, the states, and the municipalities, in matters of public security; as well as for their organization and functioning, and the recruiting, selection, promotion, and recognition of the members of the public security institutions of federal control;
XXIV) To make the Law that regulates the organization of the superior budgeting entity of the Federation and the others that standardize the management, control, and evaluation of the Powers of the Union and federal public entities;
XXV) To establish, organize, and sustain in all the Republic rural, elementary, superior, secondary, and professional schools of scientific research, of fine arts and technical training; practical schools of agriculture and of mining; of arts and crafts; museums, libraries, observatories, and other institutes concerning the general culture of the inhabitants of the Nation, and to legislate on all that pertains to these institutions; to legislate about fossil relics or remains, and about archaeological, artistic, and historical monuments (the conservation of which is in the national interest) as well as make the laws which will enable the functioning of education conveniently among the Federation, states, and municipalities, and provide the economic resources corresponding to this public service, seeking to unify and coordinate education in all the Republic. The titles made for the establishment of these things will take effect in all the Republic.
XXVI) To give leave of absence to the President of the Republic, and to constitute itself as an Electoral College and designate the citizen to substitute as President of the Republic, in the character of substitute, interim, or provisional president, in the terms of articlesÂ 84Â andÂ 85 of this Constitution;
XXVII) To accept the resignation from office of the President of the Republic;
XXIX) To establish fees:
1st) For foreign commerce;
2nd) For use of the natural resources mentioned inÂ paragraphs 4 and 5 of Article 27;
3rd) For credit institutions and insurance companies;
4th) For public services conceded by or made directly by the Federation, and;
5th) Especially for:
a) Electrical energy;
b) Production and consumption of cigars, cigarettes, and other processed tobacco;
c) Gasoline and other products derived from petroleum;
d) Lighters and matches;
e) The maguey plant, and products of its fermentation;
f) Use of forest products;
g) Production and consumption of beer.
Federated entities will participate in the sharing of these special fees, in the proportion that secondary federal law determines. State legislatures will set the percentage of these fees which the municipalities receive, taking into account the tax for electrical energy, and;
XXIX-B) To legislate about the characteristics and use of the national flag, seal, and anthems;
XXIX-C) To make laws by which the Federal Government, states, and municipalities agree, in the limits of their respective jurisdictions, on matters of human settlement, with the object of complying with the ends given in theÂ third paragraph of Article 27Â of this Constitution;
XXIX-D) To make laws about national planning of social and economic development;
XXIX-E) To make laws on the planning, promotion, coordination, and execution of actions of economic order, especially those referring to supply and others that have as an end sufficient and optimum production of socially and nationally necessary goods and services;
XXIX-F) To make laws intended to promote Mexican investment, regulate foreign investment, transfer technology, and generate, disseminate, and apply scientific and technical knowledge that national development requires;
XXIX-G) To make laws that establish agreement of the Federal Government and of the governments of the states and municipalities, in the areas of their respective jurisdictions, in matters of protection of the environment and preservation and restoration of ecological balance;
XXIX-H)Â To make laws that establish courts to handle contentious administrative questions, given full power to make their rulings, and having as their responsibility to settle the controversies which arise between the Federal Public Administration and a state or local administration; establishing the standards for their organization, procedures, and for recourses against their resolutions;
XXIX-I) To make laws that establish the bases upon which the Federation, states, the Federal District, and municipalities will coordinate their actions in matters of civil protection;
XXIX-J) To legislate in sporting matters; establishing the general bases of coordination of the powers that the Federation, states, the Federal District, and municipalities concurrently have; as well as the participation the public and private sectors have at the same time, and;
XXX) To make all the laws necessary to put into effect the previous powers and all the others given by this Constitution to the powers of the Union.
Article 74Â – These are powers exclusive to the Chamber of Deputies:
I) Make the official proclamation to make the declaration of President-elect known in all the Republic, that the Electoral Tribunal of the Judicial Power of the Federation has made;
II) Coordinate and evaluate, without infringement on its autonomy and management, the discharge of the functions of the superior budgeting entity of the Federation, in the terms that the law gives;
III) Name the heads and other employees of that office;
IV)Â Examine, discuss, and approve annually the Budget of Spending of the Federation, discussing first the taxes and fees that, in its judgment, should be imposed to cover it, as well as review the Public Account of the past year.
The Federal Executive will bring to the Chamber the initiative of the Law of Income and the Budget Projection of Spending of the Federation on the 15th of December in years when a presidential term begins as given byÂ Article 83, when the corresponding Secretary of dispatch must share the budget with the Chamber.
There may not be any hidden items, outside of those considered necessary, in this budget, except for those that the secretaries will have by written agreement with the President of the Republic.
The review of the Public Budget will have as its objects understanding the results of financial operations, checking if spending has been for those items stated in the proposal, and seeing if the objectives contained in the programs have been completed.
For the review of the Public Budget, the Chamber of Deputies will be suppoted by the superior budgeting entity of the Federation. If discrepancies appear between the quantities spent and the respective items of the proposal, or accuracy or justification in the spending made does not exist, responsibilities will be determined in agreement with the law.
The Public Spending of the previous year must be presented to the Permanent Commission of the Congress within the first ten days of the month of June.
The time of presentation of the initiative of the Law of Income and the Projection of the Budget of Expenses, as well as of Public Spending, may be extended only when the Executive has given sufficient reason in the judgment of the Chamber or the Permanent Commission, in which case the corresponding Secretary of Dispatch must inform it about the reasons for requesting the extension;
V) Declare if there are or are not grounds to proceed criminally against public servants who have been in offense of the terms ofÂ Article 111Â of this Constitution.
Become acquainted with the charges made against public servants to whichÂ Article 110Â of this Constitution refers, and to act as an organ of accusation in the political proceedings established against them.
VIII) The others that this Constitution expressly confers to it.
Article 75 – The Chamber of Deputies, upon its approval of the Proposal of Spending, may not fail to specify the salary established by law that corresponds to an employee, and in the event that, for any reason, the setting of this remuneration was omitted, it will have been understood to have been fixed in the previous budget or in the law that established the employment.
Article 76Â – These are powers exclusive to the Senate:
I) Analyze the world political situation and developments provided by the Federal Executive as a basis for the annual reports that the President of the Republic and the appropriate Secretary of Dispatch give to the Congress, and approve international treaties and diplomatic conventions that the Executive of the Union concludes;
II)Â Ratify the nominations that the same Secretary makes of ministers, diplomatic agents, consuls general, supervisory employees of finance, colonels and other superior officers of the national Army, Navy, and Air Force, in the terms that the law gives;
III) Authorize national troops to leave the limits of the country, the passing of foreign troops through national territory, and the stationing of task forces of other powers (for more than a month) in Mexican waters;
IV)Â Give its consent for the President of the Republic to use the National Guard outside of its respective states, setting the force necessary;
V) Declare, when all the constitutional powers of a state have disappeared, that it is necessary to name a provisional governor, who will call elections according to the constitutional laws of that state. The nomination of the governor will be made by the Senate from a list made by the President of the Republic with the approval of two thirds of the members present, and in its recesses, by the Permanent Commission, according to the same rules. The official named may not be elected constitutional governor in the elections that he or she conducts. This disposition will always be in effect if the constitutions of the states do not give it.
The law will regulate the exercise of this power, and the one of the section before.
VI) Resolve the political questions that arise among the powers of a state, when one of these has been brought before the Senate with the object of resolving it, or when, because of these questions, constitutional order has been interrupted by a conflict of arms. In this case, the Senate will give its resolution subject to the General Constitution of the Republic and that of the state.
VII) Sit as a panel of judgment to learn about the mistakes or omissions that public servants commit, and if they have taken advantages for themselves to the detriment of the fundamental public interest and to their good functioning in office, in the terms ofÂ Article 110Â of this Constitution;
VIII)Â Designate the ministers of the Supreme Court of Justice of the Nation, from the short list that the President of the Republic submits to it for its consideration, as well as grant or deny its approval to requests for their leave or resignation that the same official submits to it;
IX) Name and remove the head of the Federal District in terms given by this Constitution;
X) Others that this Constitution attributes to it.
Article 77 – Each one of the Chambers may without the intervention of the other:
I) Make economic resolutions relevant to its internal operations;
II) Communicate with the other Chamber and with the Executive of the Union by means of commissions of its choosing;
III) Name its secretarial employees, and make internal regulations pertaining to them;
IV)Â Meet for extraordinary elections for the purpose of filling the vacancies of its respective members. In the case of the Chamber of Deputies where the vacancies are of members elected by the principle of proportional representation, they must be filled from those candidates of the same party, following the order in the respective regional list, after the parties have been assigned deputies from the list in the previous election.
Of the Permanent Commission
Article 78 – During the recesses of the Congress of the Union, there will be a Permanent Commission composed of 37 members, of which 19 will be Deputies and 18 Senators, nominated by their respective Chambers at the time of closing of the ordinary periods of sessions. For each primary member that the Chambers name, there will be a substitute.
The Permanent Commission, besides the attributes which this Constitution expressly confers upon it, will have the following:
I) Give its consent for the use of the National Guard in the cases thatÂ Article 76, section IVÂ discusses;
II) Receive, when it is in place, the oath of office of the President of the Republic;
III) Resolve the affairs of its jurisdiction; receive during the recess of the Congress of the Union initiatives of law and proposals directed to the Chambers, and turn them over to the commissions of the Chamber to which they are directed to be ruled upon with the object of handling them in the immediate period of sessions;
IV) By itself or by request of the Executive call the Congress, or one Chamber only, to extraordinary sessions, needing a two-thirds vote of the members present. The call will specify the object or objects of the extraordinary sessions.
V) Grant or deny its approval of the designation of the Attorney General of the Republic, that the head of the Federal Executive submits to it;
VI) Give leaves of absence for up to 30 days to the President of the Republic and name the interim to fill the vacancy;
VII) Ratify the nominations that the President of the Republic makes for ministers, diplomatic agents, consuls general, supervisory finance employees, colonels, and other superior officers of the national Army, Navy, and Air Force, in the terms that the law gives, and;
VIII) Evaluate and resolve requests for leave presented to it by legislators;
Of the Superior Budgeting Entity of the Federation
Article 79Â – The superior budgeting entity of the Federation, of the Chamber of Deputies, will have technical and management authority in the exercise of its functions and to decide on its own internal organization, functioning, and resolutions, in the terms that the law gives.
This superior budgeting entity of the Federation will have as its responsibilities:
I) Oversee the accounting for revenues and expenses already received and spent; the handling, custody, and application of funds and resources of the Powers of the Union and federal public entities, as well as how the funds and resources were used in compliance with the objectives contained in the federal programs, by means of reports which will be made in the terms that the law gives.
Also, it will oversee the accounting for federal resources that federated entities, municipalities, and private parties use.
Without impact to the reports to which the first paragraph of this section refers, in exceptional situations that the law determines, budget items may be subject to review of those concepts in them that are considered relevant, and a report on them required. If these requirements are not complied with in the terms and forms specified by law, financing for the items may be limited to what has already been specified for them.
II) Deliver the report of the results of the review of the Public Budget to the Chamber of Deputies no later than March 31 of the year following its presentation. Within this report will be guidelines for its review, and a corresponding part for listing and verification of the completing of the programs. This part will contain comments and observations about the items, and will be of public record.
The superior budgeting entity of the Federation shall keep a record of its proceedings and observations about how it makes the reports to which this article refers. The law will establish the sanctions applicable to those who do not follow this disposition.
III) Investigate the acts or omissions that imply some irregularity or illicit conduct in the income, spending, handling, custody, and application of federal resources and funds, and make home visits, only to demand the showing of books, papers, or archives necessary for the conducting of their investigations, subject to the laws and formalities established for searches, and;
IV) Determine the damages and harm that affect the Federal Public Treasury or the property of federal public entities, and directly assess the indemnizations and corresponding monetary sanctions to those responsible, and begin the probes of responsibility to which theÂ Fourth TitleÂ of this Constitution refers, and present the criminal accusations and complaints, with procedures that the law specifies.
The Chamber of Deputies will name the head of the budgeting entity by the vote of two thirds of its members present. The law will determine the procedure for the designation. The head will remain in the duties for eight years, and may be named one more time to the post. He or she may be removed, exclusively for the serious causes that the law specifies, or for the causes and conforming to the procedures foreseen in theÂ Fourth TitleÂ of this Constitution.
To be head of the superior budgeting entity of the Federation requires, besides those requisites established in sections I, II, IV, V, and VI ofÂ Article 95Â of this Constitution, those specified by the law. During the exercise of the duties of the post, he or she cannot be in any political party, or discharge any other employment, duty, or commission, except those unpaid in scientific, educational, artistic, or charitable associations.
The Powers of the Union, and those persons subject to budget review, will provide the assistance that the superior budgeting entity requires for the exercise of its functions.
The Federal Executive Power will apply the administrative sanctions to which section IV of this article refers.
Of the Executive Power
Article 80 – The exercise of the Supreme Executive Power of the Union lies in one individual who will be titled President of the United Mexican States.
Article 81– The election of the President will be direct, and in the terms that the Electoral Law gives.
Article 82Â – To be President requires:
I) To be a Mexican citizen by birth, in full exercise of his or her rights, and the son or daughter of Mexicans by birth;
II) To be 35 years of age as of the time of the election.
III) To have resided in the country during all the year before election day. Absence from the country for up to 30 days does not interrupt residency.
IV) Not to be in an ecclesiastic state, or be minister of any religious sect;
V) Not to be in active service in the sense of serving in the Army six months before election day;
VI) Not to be Secretary or Subsecretary of State, Head or Secretary General of an Administrative Department, Attorney General of the Republic, or Governor of any State unless he or she leaves the post six months before election day;
VII) Not to have any of the causes of incapacity established in Article 83.
Article 83Â – The President will enter and exercise the office on the first of December, and will remain in it for six years. The citizen who has been discharging the duties of President of the Republic, elected popularly, or with the character of interim, provisional, or substitute, in no case and for no reason may return to fill this post.
Article 84Â – In case of permanent vacancy of the office of President of the Republic, if it occurs in the first two years of the term; if the Congress is in session, it will constitute itself immediately as an Electoral College, and with the consent of at least two-thirds of the total number of its members, it will name by secret ballot and by majority vote an interim President. The Congress will then, within ten days following the designation of interim President, call for an election of a President to conclude the immediate period; there being, between the date of the call and that specified for the verification of the elections, a time no less than 14 months or more than 18.
If the Congress is not in session, the Permanent Commission will immediately name a provisional President, and call the Congress to extraordinary sessions, at which, at that time, it will designate the interim President and call presidential elections in the terms of the last paragraph.
When the vacancy of the office of President occurs in the last four years of the period, if the Congress of the Union is in session, it will designate the substitute President to conclude the period. If the Congress is not assembled, the Permanent Commission will name a provisional President and call the Congress of the Union to extraordinary session to set itself up as an Electoral College and select a substitute President.
Article 85Â – If, in the beginning of a constitutional period, there is not a President elected, or the election has not taken place and been certified by December 1, the President whose term has concluded will still leave office, and the Executive Power will immediately pass to an interim President, who is designated by the Congress of the Union, or in its vacancy, to a provisional President, who is designated by the Permanent Commission, proceeding according to what is given in the previous paragraph.
When the vacancy of the office of President is temporary, the Congress of the Union, if it is assembled, or in its absence, the Permanent Commission, will designate an interim President to function during the time of the vacancy.
When the vacancy of the office of President is for more than 30 days and the Congress of the Union is not assembled, the Permanent Commission will call the Congress to extraordinary session to be informed about the vacancy, and to name in its place the interim President.
If the temporary vacancy becomes permanent, proceedings will be as the previous article gives.
Article 86 – The office of the President of the Republic may be resigned from only for serious cause, which the Congress of the Union (before which the resignation will be presented) will certify.
Article 87 – The President, upon taking possession of the office, will go before the Congress of the Union, or before the Permanent Commission (in the recesses of the Congress) and take the following oath: “I swear to protect and uphold the Political Constitution of the United Mexican States, and the laws that arise from it, and discharge loyally and patriotically the office of President of the Republic that the people have conferred on me, doing all that I do for the good and prosperity of the Union; and if I have not done so, the Nation will demand that I do!”
Article 88 – The President of the Republic may not leave national territory without permission from the Congress of the Union, or the Permanent Commission in the case of the Congress’s recess.
Article 89Â – The powers and obligations of the President are the following:
I) Enforce and expedite the laws that the Congress of the Union passes, providing for their exact observation in the administrative sphere;
II) Name and remove freely the Secretaries of Dispatch, remove the diplomatic agents, and supervisory employees of Finance, and name and remove freely the other employees of the Union, whose naming or dismissal is not determined in another way in the Constitution, or in the laws;
III) Name the ministers, diplomatic agents, and consuls general with approval of the Senate;
IV) Name, with approval of the Senate, colonels and other superior officers of the national Army, Navy and the Air Force, and the supervisory employees of Finance;
V) Name other officers of the Army, Navy, and Air Force, in agreement with the laws;
VI) Use all of the permanent Armed Forces, the Army on land, the Navy, and the Air Force, for the internal security and external defense of the Federation;
VII) Use the National Guard for the same objects in the terms thatÂ section IV of Article 76Â