The Constitution of the Mexican United
Given in Mexico, 4th October, 1824, fourth year of
Independence, third of Liberty, and second of the Federation. Signed by the
Members of Congress and the Supreme Executive Power.
The Supreme Executive Power, provisionally appointed by
the general sovereign Congress of the Nation, to all who shall see these
presents, know, and understand, that the same Congress has decreed and
sanctioned the following
FEDERAL CONSTITUTION OF THE UNITED
In the name of GOD, all powerful, author and supreme
legislator of society. The general constituent Congress of the Mexican Nation,
in the discharge of the duties confided to them by their constituents, in order
to establish and fix its political Independence, establish and confirm its
Liberty, and promote its prosperity and glory, decree as follows:
CONSTITUTION OF THE UNITED MEXICAN STATES
TITLE 1 — Of the Mexican Nation, its
Territory and Religion
1. The Mexican Nation is forever free and independent
of the Spanish government, and every other power.
2. Its Territory consists of that, which was formerly
called the viceroyalty of New Spain, that styled the captain generalship of
Tucaton, that of the commandant generalship formerly called the Internal
Provinces of East and West, and that of Lower and Upper Caliafornia, with the
lands annexed, and adjacent lands in both seas. By a constitutional law, a
demarcation of the limits of the Federation will be made as soon as
circumstances will permit.
3. The Religion of the Mexican Nation, is, and will be
perpetually, the Roman Catholic Apostolic. The Nation will protect it by wise
and just laws, and prohibit the exercise of any other whatever.
TITLE 2 — Form of Government of the
Nation, of its integral parts and division of Supreme Power
4. The Mexican Nation adopts for its Government, the
form of Republican representative, popular Federal.
5. The parts of this Federation, are the States and
Territories as follows: The State of the Chiapas, Chiuahua, Coahuila and Texas,
Durango, Guanajuato, Mexico, Michoacan, New Leon, Oajaca, Puebla de los
Angeles, Quetaro, Son Luis Potosi, Sinora and Sinaloa, Tobasco, Tumaulipas,
Vera Cruz, Xalisco, Yucatan Tacatecas; the Territory of Upper Caliafomia, Lower
Caliafomia, Colima and Santa Fe of New Mexico — a constitutional law shall
fix the character of Tlaxcala.
6. The supreme power of the Federation will be divided
for its exercises, in Legislative, Executive, and Judicial.
TITLE 3. SECTION 1st —
Legislative Power, of its nature and the mode of exercising it
7. The legislative power of the Federation, shall be
disposed in a General Congress, this to be divided in two houses, one of
Deputies (Representatives) and the other of Senators.
SECTION 2nd — Of the House of
8. The House of Representatives shall be composed of
Representatives elected totally every two years, by the citizens of the
9. The qualifications of the electors shall be
constitutionally prescribed by the Legislatures of the States; to whom,
likewise, appertains the regulation of the elections, in conformity with the
principles established by this Constitution
10. The general basis for the appointment of
representatives, shall be the population.
11. For every 80,000 souls, one Representative shall be
appointed, or for a fraction which passes 40,000. The State which may not
contain this population, shall, notwithstanding, appoint one representative.
12. A census of the whole Federation, which shall be
formed in five years and renewed every ten, shall serve to designate the number
of Deputies corresponding to each State; and in the mean time, it shall be
regulated agreeably to the basis established in the former Article, by the
census which governed in the election of Deputies in the present Congress.
13. In the same manner shall be elected in each State,
the necessary number of supernumerary representatives, in the ratio of one for
every three full representatives, or for a fraction amounting to two; the
states which may contain less than three full representatives shall elect one
14. The Territory which may contain more than 40,000
inhabitants shall appoint a full representative and one supernumerary, who
shall have a voice and vote in the formation of laws and decrees.
15. The Territory which may not contain the foregoing
number of population, shall appoint one full representative and one
supernumerary, who shall be entitled to a voice in all matters. The election of
Representatives for the Territories shall be regulated by a special law.
16. In every State and Territory of the Federation, the
appointment Of Representatives shall be made on the first Sunday in October
previous to its renovation. The election to be indirect.
17. The election of Representatives concluded, the
electoral college shall remit through their President to the Council of
Government, a legal return of the election, and notify the elected of their
appointment by an official letter, which shall serve as a credential of
18. The President of the Council of Government shall
give to the returns, referred to in the preceding Article, the direction
prescribed by the regulations of said Council.
19. To be a Representative it is required — First,
to be at the time of the election, twenty-five years of age complete. Second,
to have been a resident of the State, from which elected, at least two years,
or born in the State, although a resident in another.
20. Those not born in the territory of the Mexican
Nation, to be Representatives, must have, besides eight years’ residence
in it, 8000 dollars of real estate in any part of the Republic, or an
occupation that produces them 1000 per year.
21. Exceptions to the foregoing Article — First,
Those born in any other part of America, that in 1810 appertained to Spain, and
has not united itself to another nation, nor remains subject to the former, to
whom three years’ residence in the Territory of the Federation is
sufficient, in addition to the requisite prescribed in the 19th Article.
Second, The military not born in the Territory of the republic, who, with arms,
sustained the independence of the country, eight years’ residence,
complete, is sufficient, and the requisites prescribed in the 19th Article.
22. In the election of Representatives, actual residence
shall have preference over birth and non-residence.
23. Those cannot be Representatives — First, Those
deprived or suspended from the rights of citizenship. Second, the President and
Vice-President of the Federation. Third, The members of the Supreme Judicial
Court. Fourth, Secretaries of the Cabinet and the officers of their
departments. Fifth, Those employed in the Treasury, whose functions extend over
the whole Federation. Sixth, Governors of States and Territories, Commandant
Generals, Archbishops and Bishops, Governors of Archbishoprics and Bishoprics,
Provisors and Vicar Generals, Circuit Judges, Commissary Generals of treasury
and war, for the States and Territories over which they exercise their
24. In order that any person enumerated in the foregoing
Article may be eligible, it is necessary they should have ceased their
functions six months previous to their election.
SECTION 3 — Of the Senate.
25. The Senate shall be composed of two Senators from
each State, elected by an absolute majority of the votes of the Legislatures,
and renewed by one-half every two years.
26. The seats of the senators appointed in the second
place, shall be vacated in two years, and the first appointed in four years,
and so on in succession.
27. When a vacancy occurs by the death, resignation, or
other cause, it shall be filled by the corresponding Legislature in session, if
not as soon as it meets.
28. To be a Senator it is necessary to possess all the
qualifications required by the former Section, to be a representative, and
moreover, to be at the time of election, thirty years of age.
29. No person can be a Senator, who is disqualified from
being a Representative.
30. In the election of Senators, the 22d Article shall
31. When the same individual is elected for a Senator
and Representative, the first election shall have the preference.
32. The periodical election of Senators shall be made in
all the States on the same day which shall be on the first day of September
previous to the renewal of half the Senators.
33. The election of Senators concluded, the Legislature
shall remit a legal return through their President, to the President of the
Council of Government; and notify the elected of their appointment, by means of
an official letter, which shall serve them as credentials. The President of the
Council of Government shall give the direction to these to returns indicated in
the 18th Article.
SECTION 4 — Of the Individual Functions of
both Houses and Prerogatives of its Members
34. Each House in its preparatory meeting, and in
everything appertaining to its government, shall follow the rule formed by the
present Congress; provided that amendments may be made to them in future,
should both Houses consider it necessary.
35. Each House shall judge of the elections of its
respective members, and resolve all doubts which may occur in them.
36. The Houses cannot open their sessions without the
presence of more than the half of the total number of its members; but those
present of one and the other, must unite on the day appointed for the
regulation of the internal government of each, and respectively compel the
attendance of the absentees, under the penalties prescribed by the law.
37. The Houses will communicate with one another, and
with the Supreme Executive Power, by means of their respective Secretaries, or
by means of deputations.
38. Either of the two Houses may sit as Grand Jurors, on
accusations. First, Against the President of the Federation, for the crime of
Treason against the National Independence or the established form of
Government, or for insubordination or bribery during the time of his service.
Second, also, against the President, for acts manifestly intended to prevent
them from entering on the exercise of their duties in the manner prescribed in
this Constitution, or to deprive the Chambers of the use of any of the powers
constitutionally vested in them. Third, against the members of the Supreme
Court and the Secretaries of the departments, for any crime committed during
the time of their service. Fourth, against the Governors of the States, for
infractions on the Federal Constitution, laws of the Union, or orders of the
President of the Federation, which may not be manifestly contrary to the
Constitution and general laws of the Union, and likewise by the publication of
laws and decrees of the Legislatures of their respective States, contrary to
the same constitution and laws.
39. The House of Representatives will exclusively form a
Grand Jury, when the President or his ministers may be accused of acts in which
the Senate or the Council of Government have concurred by reason of its
attributions. The House will, in the same manner, serve as Grand Juror, in
cases of accusation against the Vice-President, for any offense committed
during the term of his service.
40. The House, before which has been made the accusation
of the individual spoken of in the two preceding articles will form itself in a
Grand Jury, and if it is declared, by the vote of two-thirds of the members
present that there is cause of accusation, the functions of the accused shall
be suspended, and he shall be placed at the disposition of the competent
41. Any Representative or Senator can make any
proposition in writing, or present projects of a law or decree in his
42. The Representatives and Senators shall be inviolable
for the opinions manifested in the discharge of their duties, and never can be
called to account for them.
43. In all criminal prosecutions instituted against
Senators or representatives, from the time of their election until two months
after the expiration of their term of service, the former shall be accused
before Chamber of the latter, and the latter before that of the former; each
chamber composing a Grand Jury respectively for this object.
44. If the Chamber sitting as a Grand Jury, in the cases
referred to in the last Article, declare by a vote of two-thirds of the members
present, that there is cause for accusation, the accused shall be suspended and
placed at the disposition of the competent tribunal.
45. The emoluments of the Representatives and Senators
shall be determined by law, and paid from the general treasury of the
46. Each House, and also the meetings spoken of in the
36th Article, shall have power to deliver such orders as they may deem
necessary to carry their resolutions into effect, issued by virtue of the
functions granted to each by the 35th, 36th, 39th, 40th, 44th, and 45th
Articles of the Constitution, and the President of the United States shall
cause them to be executed without making any observations upon them.
SECTION 5 — Of the faculties of the General
47. Every resolution of the general Congress shall have
the character of a law or decree.
48. The resolutions of the general Congress, to be
entitled to the force of law or decree, must be signed by the President, except
in cases otherwise provided in this Constitution.
49. The laws and decrees which emanate from the general
Congress, shall have for object — First, to sustain the National
Independence, provide for the National security and preservation of its
exterior relations. Second, to preserve the Federal Union of the States, and
the peace and public order of the interior of the Federation. Third, maintain
the independence of the States among themselves, in all that relates to their
interior government, in conformity to the constitutional Act, and this
Constitution. Fourth, sustain the proportional equality of obligations and
rights, which the States are entitled to before the law.
50. The exclusive faculties of the general Congress are
the following — First, promote illustration, assuring for a limited time,
exclusive rights to authors for their respective works; establishing Colleges
for marine, artillery, and engineers; erecting one or more establishments in
which are to be taught, natural, political, and moral sciences, noble arts, and
the languages, without prejudice to the power which the Legislatures have to
regulate public education in their respective states. Second, promote the
general prosperity, by opening and improving roads and canals, without impeding
the States in the improvement of theirs; establishing mails and post offices,
and securing for a limited time, exclusive right to the inventors,
practitioners or introducers of any branch of industry, for their respective
inventions, perfections or new introductions. Third, protect and regulate the
political liberty of the press, in order that its exercises may never be
suspended, and much less abolished in any of the States and Territories of the
Federation. Fourth, admit new States to the Federal Union or Territories,
incorporating them in the Nation. Fifth, regulate definitively, the Limits of
the States, when they cannot agree among themselves about the demarcation of
their respective districts. Sixth, form States out of Territories, or unite
them to those already existing. Seventh, unite two or more States, by a
petition of their Legislatures, to form one only, or form a new one form the
limits of those already exist, with the approbation of three-fourths of the
members present of both houses, and a ratification of an equal number of the
Legislatures of the other States of the Union. Eight, fix the general expenses,
establish the necessary contributions to cover them, regulated their
collection, determine the inversion, and take annually accounts thereof from
the government. Ninth, contract debts upon the credit of the Federation, and
designate guarantees to cover them. Tenth, acknowledge the National debt, and
designate means for its consolidation and payment. Eleventh, regulate the
commerce with foreign nations, and among the different States and Tribes of
Indians. Twelfth, give instructions to celebrate covenants with the Apostolic
Chair, approve them for ratification, and regulate the exercise of the
patronage in all parts of the Nation. Thirteenth, approve treaties of peace,
alliance, friendship, federation and armed neutrality, and whatsoever other
which the President of the United States may celebrate with foreign powers.
Fourteenth, to establish all kinds of ports, customhouses, and designate their
locations. Fifteenth, determine and regulate the weight, standard, value, three
and denomination of money in all the States of the Federation, and adopt a
general system of weights and measures. Sixteenth, declare war after examining
the data prescribed by the President of the United States. Seventeenth, form
regulations relative to granting letters of marque and reprisal, and to declare
good or bad captures by sea and land. Eighteenth, designate the armed force of
sea and land, fix the respective quota of men to each State, and give orders
and regulations for their organization and service. Nineteenth, form
regulations to organize, arm, and discipline the local militia of the State,
reserving to each one the appointment of their respective officers, and the
faculty of training them conformably to the discipline prescribed by said
regulations. Twentieth, to grant or deny the entrance of foreign troops in the
Territory of the Federation. Twenty-first, permit or not, the station of
squadrons of any other power, for more than one month, in the Mexican ports.
Twenty-second, permit or not, the departure of National troops without the
limits of the Federation. Twenty-third, create or suppress public offices of
the Federation, designate, augment or diminish their emoluments and pensions.
Twenty-fourth, grant premiums and recompenses to corporations or persons who
have rendered important service to the Republic, and decree public honors to
the posthumous memory of great men. Twenty-fifth, grant amnesty or pardon for
crimes, the cognizance of which appertains to the tribunal of the Federation,
in the cases, and with the previous requirements prescribed by law.
Twenty-sixth, to establish a general law of naturalization. Twenty-seventh, to
give uniform laws in every State, on the subject of bankruptcies..
Twenty-eighth, to select a place to serve as a residence of t he supreme powers
of the Federation, and exercise within its limits the attributions of the
legislative powers of the State. Twenty-ninth, to change such residence when
them may deem necessary. Thirtieth, give laws and decrees for the regulation of
the interior administration of the Territories. Thirty-first, dictate all the
laws and decrees that may be conducive to fulfill the object spoken of in the
49th Article, without interfering with the interior administration
of the State.
SECTION 6 — Formation of the Laws
51. The formation of laws and decrees can proceed
indiscriminately from either of the two Houses with the exception of those
which arise from contributions or imposts, which cannot have origin except in
the House of Representatives.
52. There shall be considered as, incipients of law or
decree -First, the propositions which the President of the United Mexican
States may deem conducive to the general good of society, and as such,
particularly recommend them to the House of Representatives. Second, the
propositions or plans of Jaws or decrees which the Legislatures may direct to
53. All projects of a law or decree) without any
exception, shall be successively discussed in both Houses, observing in each
with exactitude the rules relative to the form of debates, interval and mode,
of proceeding in discussing and voting.
54. The projects of a law or decree rejected in the
House where it originated, before being sent to the other House, shall not be
renewed in the same House by its members in the sessions of that year, but must
remain until the following
55. If the project of a law or decree, after having been
debated, should be approved by the absolute majority of the members present of
both Houses, it shall be passed to the President of the United States, who
also, if he approve it, shall sign and publish it, and if not, return it, with
his observations, within the term of ten days (Sundays and solemn festivals
excepted), to the House of its origin.
56. The project of a law or decree, returned by the
President in conformity with the preceding Article, shall be a second time
discussed in the two Houses. If in both of these it should be approved by
two-thirds of the members present, it shall be again returned to the President,
who, without excuse, must sign and publish it; but if it was not approved by
the vote of two-thirds of both Houses, it cannot be renewed in either of them
until the next year.
57. If the President does not return any project of a
law or decree within the time prescribed in the 55th Article, it shall, from
that circumstance, be considered as sanctioned, and as such shall be
promulgated, unless in the mean time the session of Congress should be closed
or suspended, in which case the return must be made on the first day in which
Congress shall be re-assembled.
58. The project of a law or decree, totally rejected for
the first time by the House to which it has been sent, shall be returned With
their observations to the one in which it originated: if after a re-examination
the said House shall again approve of it by a vote of two-thirds of the members
present, it shall be sent a second time to the House that rejected it, who
cannot a second time reject it without the concurrence of two-thirds of the
59. The projects of a law or decree, approved of after a
second revision by two-thirds of the members of the I-louse where it
originated, and not rejected by two-thirds of the members of the other House,
shall be sent to the President) who shall sign and publish it, or return it
within ten days (Sundays, &c. excepted) to the House where it originated,
with his observations.
60. The project of a law or decree, which, according to
the foregoing Article, the President returned to the House of its origin, shall
be again taken into consideration, and if this approve it by a vote of
two-thirds of the members present, and the revising body does not reject, by an
equal number of its members, it shall be returned to the President, who must
publish it. But if it was not approved by the vote of two-thirds of the House,
of its origin, or was rejected by an equal number of the revising body, it
cannot be renewed until the ordinary subsequent sessions.
61. In the event of the rejection a second time of the
revising body, in conformity with the 58th Article, the project shall be
considered rejected, and cannot be reconsidered until the following year.
62. In the amendments which the revising body make to
any project of a law or decree, there shall be observed the same formalities
required before the project of a law can be sent to the President.
63. The parts of a project of a law or decree rejected
for the first time by the revising body, shall take the same course as those
totally rejected by it for the first time.
64. In the interpretation, modification, or revocation
of the laws or decrees, the same requisites shall be observed which are
prescribed for their formation.
65. All resolutions of the general Congress communicated
to the President of the Republic, must be signed by the President of both
Houses and by a Secretary of each of them.
66. For the formation of every law or decree, it is
necessary that an absolute majority of all the members of each House should be
present in their respective Houses.
SECTION 7th-Of the time, duration, and place of
the Sessions of the General Congress.
67. The General Congress shall meet every year on the
first day of January at the place designated by law; its internal rules shall
prescribe the previous forms necessary at the opening 6i its sessions, and the
formalities which are to be observed at its installation.
68. The President of the Federation shall assist at the
installation, and pronounce a discourse analogous to this important act, and
the person who presides in Congress shall answer it in general terms.
69. The ordinary sessions of Congress shall be daily,
without any other interruption than that of the days of solemn festival; and in
order to adjourn for more than three days, the consent of both Houses shall be
70. Both Houses shall reside in the same place, and
cannot move to another, without first agreeing on the removal, the time and
manner of effecting it, designating the same point, for the reunion of one and
the other. But if they agree on a removal, and differ as to the time, mode, and
place, the President of the States shall determine the difference, electing one
of those in question.
71. The Congress shall close its sessions annually on
the 15th day of April, with the same formalities as are prescribed for its
opening, proroguing the session thirty days (Sundays and solemn festivals
excepted) when they may deem it necessary, or when the President of the
Federation requires it.
72. When the General Congress is assembled for
extraordinary sessions, it shall be formed of the same Representatives and
Senators as the ordinary sessions of that year and shall occupy itself
exclusively on the object or objects for which it was convened; but 1i these
should not be completed on the day in which the ordinary sessions are to
commence, the extraordinary sessions shall cease, and the subject pending shall
be determined by Congress in said ordinary sessions.
73. The resolutions that the Congress takes relative to
the removal, suspension, or prorogation of their sessions, agreeably to the
three preceding Articles, shall be communicated to the President, who shall
cause them to be executed without making any observations upon them.
TITLE 4th. SECTION 1st.-Of the Supreme Executive
Power of the Nation.
74. The supreme executive power of the Federation shall
be deposited in one individual, who shall be styled President of the United
75. There shall likewise be a Vice-President, on whom
will devolve the faculties and prerogatives of the President in case of his
physical or moral inability to serve.
76. To be President or Vice-President, it is required to
be a Mexican citizen by birth, thirty-five years of age at the time of the
election, and to be a resident in the country.
77. The President cannot be re-elected for this office
until after four years are passed from the time of his retirement.
78. He that is elected President or Vice President of
the Republic, shall accept these offices in preference to any others.
79. The first day of September, anterior to the year in
which the new President must enter on the exercise of his duties, the
Legislatures of each, state shall elect by an absolute majority of votes two
individuals, one of which, at least, must not be a native of the State that
80. The voting concluded, the Legislatures shall remit
to the President of the Council of Government, a legal return of the election,
in order that he may give it the course designated by the rules of the
81. The sixth of January afterwards, the said returns
shall be read in presence of both Houses united, provided those of
three-fourths of the. Legislatures of the States have been received.
82. The reading of the said returns concluded, the
Senators shall retire, and a committee appointed by the House of
Representatives, and composed of one for each State of those that have
representatives present, shall revise them and render an account of the result.
83. The House shall then proceed to class the elections
and enumerate the votes.
84. He who has an absolute majority of the votes of all
the Legislatures shall be the President.
85. If two should have said majority, he shall be
President who has the most votes, and the other the Vice President. In case of
a tie with said majority, the House of Representatives shall elect one of the
two for President and the other shall be Vice President.
86. If no one should have the absolute majority of the
votes of the Legislatures, the House of Representatives shall elect the
President and Vice President, choosing in each election, one of the two who had
the greatest number of suffrages.
87. When more than two individuals have a respective
majority and equal number of votes, the House shall choose from them the
President or Vice President as the case may be.
88. If one has received the respective majority, and two
or more have an equal number of suffrages, but greater than the others, the
House shall elect from among those who have the greatest number of votes.
89. If all have an equal number of votes, the House
shall elect from among them all the President and Vice President, doing the
same when one has a number of suffrages and the others an equal number.
90. If there should be a tie upon the voting of the
classing of the elections made by the Legislatures, the vote shall be repeated
once, and if it should result in a tie, shall decide it by lot.
91. In the competitions between three or more that have
an equal number of votes, the voting shall be directed to the reduction of the
competitors to two or one, in order that in the election he may contend with
the other, that may have obtained a relative majority over all the others.
92. For a general rule in voting relative to the
election of President and Vice President, they shall not refer to lots before
having made a second vote.
93. The voting on classifications of elections made by
the Legislatures, and on those made by the House of Representatives f or
President and Vice President, shall be made by States, the representation of
each one having a single vote and in order that there may be a decision in the
House, it must contain an absolute majority of the votes.
94. In order to deliberate on the objects contained in
the foregoing Article, there must be united in the House more than the half of
that total number of its members, and be present representatives from
three-fourths of the States.
SECTION 2nd — Duration of the office of
President and Vice President, manner of filling the vacancies of both, and
95. The President and Vice President of the Federation
shall enter upon the discharge of their duties on the first of April, and shall
be replaced precisely on the same day ever, four years by a new constitutional
96. If for any motive, the elections of President and
Vice-President are not made and published by the first of April, when they
ought to take their seats, or those elected should not immediately enter upon
the discharge of their duties, nevertheless, the former ones shall go out of
office the same day, and the supreme executive power shall be deposited,
provisionally, in a President, that shall be elected by the House of
Representatives, voting by States.
97. In case the President should be indisposed, then the
provisions in the preceding Article shall have effect, and if both should be at
the same time, and Congress not being in session, the supreme Executive Power
shall be deposited in the hands of the Chief justice of the Supreme Court, and
two individuals that shall be elected by an absolute plurality of votes by the
Council of Government; these are not to be members of the general Congress, and
are to have the qualities requisite to be a President of the Federation.
98. Until the elections are made to which the preceding
Articles allude, the Chief justice of the Supreme Court shall be charged with
the Supreme Executive Power.
99. In case of the perpetual inability of the President
and Vice President to serve, Congress, or in its recess, the Council of
Government, will respectively provide according to Articles 96 and 97, and so
dispose that the Legislatures proceed to the election of President and
Vice-President, according to the forms prescribed by the Constitution.
100. The elections of President and Vice President made
by the Legislatures in consequence of the perpetual inability of those to serve
who had been elected for these offices, shall not impede the ordinary elections
the first of September every four years.
101. The President and vice President newly elected,
must be on the first day of April, in the place where the supreme powers of the
Federation reside and before both Houses assembled, swear to observe the duties
imposed on them under the following form: I, N — , Elected President (or
Vice President) of the United Mexican States, swear before God and the Holy
Evangelists, that I will exercise faithfully, the charge the same US have
confided in me, and that I will keep, and cause to be kept exactly, the
Constitution and general laws of the Federation.
102. If neither the President or Vice President present
themselves to swear as the preceding Article provides, and the sessions of
Congress being open, they shall swear before the Council of Government as soon
as each one presents himself.
103. If the Vice President takes the oath prescribed in
Article 101, before the President, he shall enter immediately on the discharge
of the duties of President until he shall have sworn.
104. The President and Vice President constitutionally
appointed according to Article 99, and those individuals provisionally
appointed to exercise the charge of President, according to Articles 96 an 97,
shall be sworn as prescribed in Article 101, before both Houses, if assembled,
if not, before the Council of Government.
SECTION 3rd — Of the prerogatives of the
President and Vice President
105. The President has the power to lay before Congress
such propositions or amendments of laws as he may deem conducive of the general
good, directing them to the house of Representatives.
106. The President has the power once in the space of
ten days (Sundays and solemn festivals excepted) to make observations upon the
laws and decrees passed to him by Congress, suspending their publication until
the resolution of Congress, except in the cases mentioned in this
107. The President, during the time of his
administration cannot be accused, except before either of the Houses, and only
in crimes alluded to in Article 38, committed in the time therein
108. Within one year from the day on which the President
ceases his functions, he cannot be accused except before one of the Houses for
crimes alluded to in Article 38, or any others committed during the term of his
administration, after this he cannot be accused for those crimes.
109. The Vice President, during the four, years of his
administration, cannot be accused except before the House of Representatives,
for whatever crime he commits during the time of his administration.
SECTION 4th — Attributions of the President
and the restrictions of his faculties
110. The attributions of the President are the
following: First, to publish, circulate, and cause to be kept the laws and
decrees of the general Congress. Second, to give rules and decrees, and orders
for the better observance of the Constitution, constitutional act and general
laws. Third, to put into execution the laws and decrees directed to preserve
the integrity of the Federation, and to sustain its independence in its
exterior, together with its union and liberty in its interior. Fourth, to name
and remove freely, Secretaries of the departments. Fifth, to direct the
collection of and decree the inversion of general contributions agreeably to
the laws. Sixth, to name the officers of the Treasury department, and those of
the commissary generals, diplomatic ministers, and consuls, colonels and other
superior officers of the permanent army, active militia and navy, with the
approbation of the Senate, and should it not be in session, with the Council of
Government. Seventh, to name all other officers of the permanent army, navy,
and active militia, and officers of the Federation conformably to the laws.
Eighth, to appoint, after previous recommendation from the Supreme Court judges
and Attorney Generals of the circuit and district. Ninth, to grant discharges
and licenses, and regulate military pensions according to law. Tenth, to
dispose of the permanent armed force by sea and land, and the active militia
for the security of the interior and defense of the exterior of the Federation.
Eleventh, to dispose of the local militia for the same purposes, but to take
them out of their respective States or Territories, it will require the
previous consent of Congress, who will also designate the force necessary.
Should Congress not be assembled, the consent of the Council of Government will
be necessary, and who will also designate the number. Twelfth, to declare war
in the name of the United Mexican States, after a previous decree of Congress
to that effect, and to grant commissions to privateers in conformity with the
laws. Thirteenth, to celebrate covenants with the Apostolic Chair, as
designated in clause 12th of Article 50. Fourteenth, to direct diplomatic
negotiations, and to celebrate treaties of peace, amity, alliance, truce,
federation, armed neutrality, commerce, and all others, but to give or deny the
ratification of any of them, requires the approbation of the general Congress.
Fifteenth, to receive ministers and other envoys from foreign nations.
Sixteenth, to request Congress to prorogue their sessions for thirty days,
(Sundays, &c. excepted.) Seventeenth, to assemble Congress for
extraordinary sessions, as he may deem the case necessary, by the consent of
two-thirds of the Council of Government present. Eighteenth, also to assemble
an extraordinary session of Congress, when the Council of Government shall deem
it necessary and the vote of two-thirds of the members present is given to that
effect. Nineteenth, to see that justice is promptly and impartially
administered by the Supreme Courts, Tribunals, and inferior courts of the
Federation, and that their sentences be executed according to law. Twentieth,
to suspend from their employment, for the space of three months, and deprive
one-half of their pay for the same time, all officers belonging to the
Federation, violators of its orders and decrees; and should there be cause for
a prosecution against such officers, he shall place the subject before its
proper tribunal. Twenty-first, to grant the passage, or retain the decrees of
the Ecclesiastical Councils, Pontificate Bulls, Briefs and Rescripts, with the
consent of the general Congress, if they contain general dispositions to be
laid before the Senate, or in its recess, before the Council of Government, if
containing governmental business, and before the Supreme Court of justice, if
it is a subject of litigation.
111. The President, in publishing laws and decrees,
shalt use the following form: "The President of the United Mexican States, to
the inhabitants of the Republic. Knowing, that the general Congress have
decreed the following: (here the subject:) Therefore, I command that it be
printed, published, and circulated, and that due compliance be given it."
112. The restrictions of the faculties of the President
are the following: First, the President cannot take command of the forces by
sea or land in person, without the consent of the general Congress, or should
it not be in session, without the Council of Government, by a vote of
two-thirds of the members present. When he takes command of these requisites,
the Vice President shall administer the government. Second, the President has
not the right to deprive any one of his liberty nor inflict punishment on any
individual but when the safety of the Federation requires it, he can arrest any
person provided he places the person, arrested, within 48 hours, at the
disposition of the competent judge or tribunal. Third, the President cannot
occupy the property of any individual or corporation, or disturb the
possession, use or benefit of it; and should it be necessary for the public
good, to take the property of any individual or corporation, it will require
the approbation of the Senate, or in its recess, the approbation of the Council
of government, indemnifying the party interested, by the decision of men chosen
by the party and the Government. Fourth, the President cannot impede the
elections and other acts expressed in the last clause of the 38th article.
SECTION 5th — Of the Council of the
113. During the recess of Congress there shall be a
Council of Government, composed of one-half of the members of the Senate, one
for each State.
114. For the first two years, this Council of Government
shall be composed of the first members elected by their respective legislatures
and the succeeding year by the oldest members.
115. This Council shall have for President, the
Vice-President of the United States, and also have the power to elect a
President pro tem to fill the vacancy occasioned by the absence of the
116. The attributions of this Council are the following:
First, to see that the Constitution is strictly observed, and the
constitutional act, and general laws, and to give their advice in any incident
relative to these objects. Second, to lay before the President any observations
conducive to the better enforcement of the Constitution and laws of the Union.
Third, to determine of themselves only, the advice of the President, and the
calling of extraordinary sessions of Congress; but in either, it shall require
the vote of two-thirds of the counselors present, as stated in attributions 17
and 18 of Article 110. Fourth, to grant their consent to the calling out of the
local militia, in the manner stated in Article 110, attribution 11. Fifth, to
approve the appointment of officers designated in attribution six of Article
110. Sixth, their consent in the case referred to in Article 112, restriction
first. Seventh, to name two individuals who shall, in conjunction with the
Chief justice of the Supreme Court, provisionally exercise the Supreme
executive power as prescribed in Article 97. Eighth, to administer the oath
stated in Article 101, to those individuals of the Supreme executive power, in
the terms provided in this Constitution. Ninth, to give their opinion on
subjects referred to them by the President by virtue of the 21st faculty of
Article 110, and all business wherein he may consult them.
SECTION 6th — Of the despatch of Government
117. For the despatch of government business of the
Republic, there shall be the number of Secretaries of State which Congress by a
law may establish.
118. All the regulations, decrees, and orders of the
President, must be signed by the Secretary of State of the departments to which
the subject belongs, and without this prerequisite they shall not be
119. The Secretaries of State shall give to each House,
as soon as their annual sessions are opened, an account of the state of their
120. The Secretaries of State shall be responsible for
the acts of the President, unauthorized by their signatures, contrary to the
Constitution, constitutional act, and general laws and constitutions of the
121. To be a Secretary of State it is necessary to be a
Mexican citizen by birth.
122. The Secretaries of State shall form a regulation
for the better distribution and direction of their duties, which shall be
passed by the Government to the Congress for their approbation.
TITLE 5 SECTION 1st-Of the Judicial Power of the
123. The judicial power of the Federation shall reside
in one Supreme Court of justice, and in the Circuit and District Courts.
SECTION 2nd-Of the Supreme Court of Justice, the
Election, Term of Service, and Oath of its Members.
124. The Supreme Court of justice shall be composed of
eleven members divided into three halls, and one Attorney General. Congress may
augment or diminish its number as it may deem necessary.
125. To be elected a Judge of the Supreme Court of
Justice, it is necessary to have been instructed in the science of public
rights, according to the judgments of the Legislatures of the States, to be 35
years of age, to be a native born citizen of the Republic, or born in any part
of America, which in 1810, was dependent on Spain, and has separated from her,
provided they have been five years resident within the territory of the
126. The Judges of the Supreme Court of Justice shall
bold their offices during good behavior, and can only he removed in the mode
prescribed by the laws.
127. The election of the Judges of the Supreme Court of
Justice shall he made on the same day by the Legislatures oft he States, by an
absolute majority of votes.
128. The elections concluded, each Legislature shall
remit to the Council of Government a certified list of the twelve persons
elected, designating which one of them was elected the Attorney General.
129. The President of the Council, as soon as be shall
have received the lists from at least three-fourths of the Legislatures of the
States, shall give them direction indicated by the rules of the Council.
130. On the day designated, the Congress shall open and
read the said lists in presence of both Houses united, after which the Senate
131. In continuation, the House of Representatives shall
appoint, by an absolute majority of votes, a committee, which shall he composed
of one member from each State, from which there was any member present, to
which committee the said lists shall be passed, who will revise and examine
them, and render an account of the result; and the House shall then proceed to
class the election and count the votes.
132. The individual or individuals who may have received
more than half the votes of the whole number of the Legislatures, without
regard to the number of votes given by their respective members, shall be
considered elected; and the declaration of the House to that effect shall
immediately entitle them to their seats.
133. Should those who may have received the necessary
majority of votes agreeably to the last article, not amount to 12, the House
shall elect the balance from those who had the highest number of votes before
the Legislatures observing in every thing relative to these elections the
provisions of the first section of the 4th title, which treats of the election
of President and Vice President.
134. Should a Senator or Representative be elected a
Judge of the Supreme Court of Justice, his election to that office shall be
preferred over the other.
135. When a vacancy occurs in a Supreme Court of Justice
by perpetual inability, it shall be filled agreeably to this section, after a
previous notification given by the Governor to the Legislature of the state of
136. The members of the Supreme Court of Justice or
entering upon the exercise of the office shall take an oath in the presence of
the President of the Republic, in the following form: — "You swear to GOD
our LORD, faithfully to discharge the duties and obligations confided to you by
the nation — if you do this GOD will reward you, if otherwise he will
SECTION 3d — Of the attributions of the
Supreme Court of Justice.
137. The attributions of the Supreme Court are the
following: First, to take cognizance of the difference which may arise between
one and another state of the Federation, whenever it embraces a subject of
litigation in which there must be a formal sentence, and those that arise
between one state and one or more inhabitants of another, or between
individuals about pretensions to lands under concession from states, without
depriving the party of the right of reclaiming the concession from the
authority which granted it. Second, to terminate all disputes which arise, or
contracts or negotiations made by the Supreme Government or its agents. Third,
consult relative to publishing or retaining of Pontifical Bulls, Briefs, and
Prescripts issued in matters litigant. Fourth, adjust any dispute that may
exist among the tribunals of the Federation, and between these and those of the
states, and these which may arise between the tribunals of one state and those
of another. Fifth, to take cognizance; First, of the prosecution moved against
the President and Vice President according to articles 38 and 39, after the
previous declaration in article 40. Second, of the criminal prosecutions of the
Representatives and Senators, indicated in article 43, after the previous
declaration required in article 44. Third, of those against Governors of the
states in the cases spoken of in article 38, in its third part, after the
previous declaration required in article. 40. Fourth, of those of Secretaries
of State in conformity with articles 38 and 40. Fifth, of the civil and
criminal affairs of the Diplomatic Ministers and Consuls of the Republic.
Sixth, of the Admiralty cases, captures by sea, land, and contraband, of crimes
committed on the high sea, of the offences against the United Mexican States,
of those employed in the Treasury and Judiciary of the Federation, and of the
infractions of the Constitution and general laws, as may be provided for by
138. A law shall regulate the mode and grade by which
the Supreme Court of Justice shall take cognizance of the cases comprehended in
SECTION 4th — Of the mode of judging the
members of the Supreme Court.
139. In order to Judge the members of the Supreme Court,
the House of Representatives shall elect, voting by States, in the first month
of the ordinary sessions of each biennial, twenty-four individuals not
appertaining to the general Congress, and who shall possess the qualifications
required for Judges of the Supreme Court, from these there shall be elected by
lot an Attorney General, and an equal number of Judges equal to that which
composes the first Hall of the Court, and whenever it may be necessary the same
House shall proceed, and in its recess, the Council of Government, draw in the
same manner Judges of the other Halls.
SECTION 5th — Of the Circuit
140. The Circuit Court shall he Composed of a Judge of
the law and a prosecuting Attorney, both appointed by the Supreme Executive
Power, proposed by the Supreme Court, and two Associate Judges, as the law may
141. In order to be a Circuit Judge it is necessary to
us a citizen of the Federation, and thirty years of age.
142. To those tribunals, corresponds the cognizance of
admiralty cases, captures by sea and land, contraband, crimes committed on the
high sea, offences against the United Mexican States, cases of consuls, and
civil cases whose value exceeds $500, and in which the Federation are
interested. By a law, shall be designated the number of these Tribunals, their
respective jurisdictions, the mode, form, and grade, in which they must
exercise their powers in these and other matters which come under the
cognizance of the Supreme Court of Justice.
SECTION 6th — Of the District
143. The United Mexican States shall be divided into a
certain number of districts, and in each one of which, there shall be a
tribunal presided by a judge of the law, which shall take cognizance without
appeal, of all civil cases in w4ich the Federation is interested, the amount of
which does not exceed $500, and shall have original jurisdiction in all cases
in which the Circuit Courts have appellate jurisdiction.
144. In order to be a District Judge, it is necessary to
be a citizen of the United Mexican States, and twenty-five years of age. The
Judges shall be appointed by the President, proposed by the Supreme Court.
SECTION 7th — General Rules to which all the
States and Territories in the Federation shall conform in the administration of
145. In each one of the States of the Federation, full
faith and credit shall be given to the acts, registers, and proceedings; of the
judges and other authorities of the other States. The general Congress shall
regulate the laws by which said acts, registers, and proceedings shall be
146. The sentence of infamy shall not extend beyond the
criminal that may have merited it according to law.
147. There is forever prohibited the penalty of
confiscation of estates
148. There is forever prohibited all judgements by
commission and all retroactive laws.
149. No authority shall apply any form of torture,
whatever may be the nature or state of the prosecution.
150. No one shall be imprisoned, unless there is
reasonable ground to suppose him criminal.
151. No one shall be imprisoned on suspicion for more
than seventy hours.
152. No authority shall give an order for the search of
any houses, papers, and other effects of the inhabitants of the Republic,
except in the cases expressly provided for by law, and in the form which it
153. No inhabitant of the Republic shall be compelled to
take an oath relative to his own acts in criminal affairs.
154. The military and ecclesiastics will remain subject
to the authority under which they actually are, according to the existing
155. No suit can be instituted, neither in civil or
criminal cases, for injuries, without being able to prove, having legally
attempted, the means of conciliation.
156. None can be deprived of the right of terminating
his differences by means of arbitrators appointed by each party, whatever may
be the situation of the controversy.
TITLE 6th. SECTION 1st — Of the individual
government of the States.
157. The government of each State shall be divided for
its exercise in three powers, Legislative, Executive, and Judicial, and never
can be united two or more of these in one corporation or person, nor the
Legislative deposited in one individual.
158. The legislative power of each State shall reside in
one Legislature, composed of the number of individuals which their respective
constitutions may determine, to be elected popularly, and removable in the time
and manner which said constitutions may designate.
159. The person or persons to whom the States confide
their executive power, cannot exercise it except for a definite time, which
shall be fixed by their respective constitutions.
160. The judicial power of each state shall be exercised
by the Tribunals that the Constitution may establish or designate, and all
cases, civil or criminal, which appertain to the cognizance of those Tribunals,
shall be conducted in them to final judgment and execution.
SECTION 2nd — Of the obligations of the
161. Each one of the States is obliged — First, to
organize its interior government and administration, without opposing this
Constitution nor the constitutional act. Second, to publish by means of their
Governors, their respective Constitutions, laws and decrees. Third, to obey,
and cause to be obeyed, the Constitution and general laws of the Union, and
treaties made and those that henceforward may be made, by the supreme authority
of the Federation with any foreign Power. Fourth, to protect its inhabitants in
the free use and liberty which they have to write, print, and publish their
political ideas, without the necessity of license, revision, or approbation
previous to publication, always taking care to observe the general laws on the
subject. Fifth, to deliver immediately, the criminals of other states, to the
authority which reclaims them. Sixth, to deliver the fugitives of other states,
to the person that justly reclaims them, or compel them in some other mode to
satisfy the interested party. Seventh, to contribute for the consolidation and
extinguishment of the debts acknowledged by the general Congress. Eighth, to
remit annually to each one of the Houses of Congress, a general,
circumstantial, and comprehensive note, of the ingress and egress in all the
treasuries they may have in their respective districts, with a relation of the
origin of one and the other, of the situation in which are found the branches
of industry, agriculture, commerce and manufactures, of the new branches of
industry which they can introduce and extend, designating the means by which it
can be obtained, and of their respective population and means of protecting and
augmenting it. Ninth, to remit to both Houses, and in their recess, to the
Council of Government, and likewise to the Supreme Executive Power, authorized
copies of the constitutions, laws and decrees.
SECTION 3rd. — Restrictions of the Powers of
162. None of the States can — First, establish,
without the consent of the General Congress, any tonnage duty, nor other port
duty. Second, impose, without the consent of the general Congress,
contributions or duties on importations or exportations, whilst the law does
not regulate it as it must do. Third, hold, at no time, a permanent troop nor
vessels of war, without the consent of the general Congress. Fourth, enter into
no agreement or compact with any foreign power, nor declare war against them,
resisting in case of actual invasion, or in such danger as will not admit of
delay, giving immediate notice thereof to the President of the Republic. Fifth,
enter into no agreement or compact with other States of the Federation, without
the previous consent of the general Congress or its posterior approbation, if
the transaction were upon the regulation of limits.
TITLE 7th. ONLY SECTION. — Of the Observance,
Interpretation, and Amendment of the Constitution and Constitutional
163. Every public functionary, without exception to the
class, previous to entering on the discharge of his duties, must take the oath
to obey the Constitution and Constitutional Act.
164. The Congress shall dictate all laws and decrees,
which they may deem necessary to render effective the responsibility of those
who violate this Constitution or the Constitutional Act.
165. The general Congress alone can resolve doubts,
which may occur about the meaning or understanding of the Articles of this
Constitution and of the Constitutional Act.
166. The Legislatures of the States can make such
observations as they may deem proper about particular Articles of this
Constitution and the Constitutional Act, but the general Congress will not take
them into consideration until the year 1830.
167. The Congress in that year shall confine itself to
examining the observations that merit the deliberation of the next Congress,
and this declaration they shall communicate to the President, who shall publish
and circulate them without any observations.
168. The following Congress in the first year of its
ordinary sessions, shall occupy itself in examining these observations
submitted to their deliberation, in order to make such amendments as may be
deemed necessary, but the same Congress which makes the examination provided in
the last Article, cannot decree the amendments.
169. The amendments and additions that are proposed in
the year following the 30th, shall be taken into consideration by the Congress
in the second year of each biennial, and if rendered necessary, in conformity
with the provisions made in the preceding Article, they shall publish this
resolution in order that the next Congress may notice them.
170. In order to reform or amend this Constitution or
the Constitutional Act, shall be observed, besides the rules prescribed in the
foregoing Articles, all the requisites provided for the formation of laws,
excepting the right to make observations granted to the President in Article
171. The Articles of this Constitution and the
Constitutional Act which establishes the Liberty and Independence of the
Mexican Nation, its Religion, form of Government, Liberty of the Press, and
division of the Supreme Powers of the Federation, and of the States, can never
Given in Mexico, 4th October, 1824, fourth year of
Independence, third of Liberty, and second of the Federation. Signed by the
members of Congress, and the Supreme Executive Power.
[Scanned and reprinted by W.L. McKeehan from The
History of Texas by David B. Edward. Parts of the document was also
reprinted in Texas by William Kennedy]