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The Federal Constitution of the United Mexican States of 1857 ( es, Constitución Federal de los Estados Unidos Mexicanos de 1857), often called simply the Constitution of 1857, was the liberal constitution promulgated in 1857 by Constituent
Congress of Mexico The Congress of the Union ( es, Congreso de la Unión, ), formally known as the General Congress of the United Mexican States (''Congreso General de los Estados Unidos Mexicanos''), is the legislature of the federal government of Mexico cons ...
during the presidency of
Ignacio Comonfort Ignacio Gregorio Comonfort de los Ríos (; 12 March 1812 – 13 November 1863), known as Ignacio Comonfort, was a Mexican politician and soldier who was also president during one of the most eventful periods in 19th century Mexican history: La ...
. Ratified on February 5, 1857, the constitution established
individual rights Group rights, also known as collective rights, are rights held by a group '' qua'' a group rather than individually by its members; in contrast, individual rights are rights held by individual people; even if they are group-differentiated, which ...
, including
universal male suffrage Universal manhood suffrage is a form of voting rights in which all adult male citizens within a political system are allowed to vote, regardless of income, property, religion, race, or any other qualification. It is sometimes summarized by the slo ...
, and others such as
freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
,
freedom of conscience Freedom of thought (also called freedom of conscience) is the freedom of an individual to hold or consider a fact, viewpoint, or thought, independent of others' viewpoints. Overview Every person attempts to have a cognitive proficiency ...
,
freedom of the press Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic media, especially published materials, should be considered a right to be exerc ...
,
freedom of assembly Freedom of peaceful assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective or shared ide ...
, and the right to bear arms. It also reaffirmed the
abolition of slavery Abolitionism, or the abolitionist movement, is the movement to end slavery. In Western Europe and the Americas, abolitionism was a historic movement that sought to end the Atlantic slave trade and liberate the enslaved people. The British ...
,
debtors' prison A debtors' prison is a prison for people who are unable to pay debt. Until the mid-19th century, debtors' prisons (usually similar in form to locked workhouses) were a common way to deal with unpaid debt in Western Europe.Cory, Lucinda"A Histori ...
s, and all forms of
cruel and unusual punishment Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisd ...
such as the
death penalty Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that ...
. The constitution was designed to guarantee a limited central government by
federalism Federalism is a combined or compound mode of government that combines a general government (the central or "federal" government) with regional governments ( provincial, state, cantonal, territorial, or other sub-unit governments) in a single ...
and created a strong national congress, an
independent judiciary Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan inter ...
, and a small
executive Executive ( exe., exec., execu.) may refer to: Role or title * Executive, a senior management role in an organization ** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators ** Executive di ...
to prevent a
dictatorship A dictatorship is a form of government which is characterized by a leader, or a group of leaders, which holds governmental powers with few to no limitations on them. The leader of a dictatorship is called a dictator. Politics in a dictatorship a ...
. Liberal ideals meant the constitution emphasized
private property Private property is a legal designation for the ownership of property by non-governmental legal entities. Private property is distinguishable from public property and personal property, which is owned by a state entity, and from collective or ...
of individuals and sought to abolish common ownership by corporate entities, mainly the
Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.3 billion baptized Catholics Catholic Church by country, worldwide . It is am ...
and
indigenous communities Indigenous peoples are culturally distinct ethnic groups whose members are directly descended from the earliest known inhabitants of a particular geographic region and, to some extent, maintain the language and culture of those original people ...
, incorporating the legal thrust of the
Lerdo Law The Lerdo Law ( Spanish: ''Ley Lerdo'') was the common name for the Reform law that was formally known as the Confiscation of Law and Urban Ruins of the Civil and Religious Corporations of Mexico. It targeted not only property owned by the Catho ...
into the constitution. A number of articles were contrary to the traditional powers of the Catholic Church, such as the ending of
Catholicism The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...
as
official religion A state religion (also called religious state or official religion) is a religion or creed officially endorsed by a sovereign state. A state with an official religion (also known as confessional state), while not secular, is not necessarily a th ...
, the nationwide establishment of secular public education, the removal of institutional '' fueros'' (legal privileges), and the forced sale of Church property. Conservatives strongly opposed the enactment of the constitution, which polarized Mexican society. The Reform War (1858-1860) began as a result, with liberals winning on the battlefield over conservatives. The losing conservatives sought another way back into power, and their politicians invited
Maximilian I of Mexico Maximilian I (german: Ferdinand Maximilian Josef Maria von Habsburg-Lothringen, link=no, es, Fernando Maximiliano José María de Habsburgo-Lorena, link=no; 6 July 1832 – 19 June 1867) was an Austrian archduke who reigned as the only Emperor ...
, a
Habsburg The House of Habsburg (), alternatively spelled Hapsburg in Englishgerman: Haus Habsburg, ; es, Casa de Habsburgo; hu, Habsburg család, it, Casa di Asburgo, nl, Huis van Habsburg, pl, dom Habsburgów, pt, Casa de Habsburgo, la, Domus Hab ...
, to establish a
Mexican monarchy Mexican may refer to: Mexico and its culture *Being related to, from, or connected to the country of Mexico, in North America ** People *** Mexicans, inhabitants of the country Mexico and their descendants *** Mexica, ancient indigenous people ...
with the Church's support. The republican government-in-domestic-exile was headed by President
Benito Juárez Benito Pablo Juárez García (; 21 March 1806 – 18 July 1872) was a Mexican liberal politician and lawyer who served as the 26th president of Mexico from 1858 until his death in office in 1872. As a Zapotec, he was the first indigenous pre ...
as the legitimate Mexican government under the constitution. With the ouster of the French and the defeat of the conservatives in 1867, the Restored Republic was again governed under the 1857 Constitution. The constitution was durable but its provisions not always followed in practice. It was revised in 1874 to create a Senate. It remained as Mexico's constitution until 1917 although many of its provisions ceased to be enforced.


Background

Having overthrown the dictatorship of
Antonio López de Santa Anna Antonio de Padua María Severino López de Santa Anna y Pérez de Lebrón (; 21 February 1794 – 21 June 1876),Callcott, Wilfred H., "Santa Anna, Antonio Lopez De,''Handbook of Texas Online'' Retrieved 18 April 2017. usually known as Santa Ann ...
in 1855, liberals sought to implement their ideology in new laws and briefly had
Juan Álvarez Juan Nepomuceno Álvarez Hurtado de Luna, generally known as Juan Álvarez, (27 January 1790 – 21 August 1867) was a general, long-time caudillo (regional leader) in southern Mexico, and president of Mexico for two months in 1855, following ...
in the presidency. As established in Plan of Ayutla, he convened the Constituent Congress on October 16 to establish headquarters in
Dolores Hidalgo Dolores Hidalgo (; in full, Dolores Hidalgo Cuna de la Independencia Nacional, en, Dolores Hidalgo Birthplace of exicanNational Independence) is the name of a city and the surrounding municipality in the north-central part of the Mexican state o ...
and to draft a new constitution embodying liberalism. The following year, the incumbent
president President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
,
Ignacio Comonfort Ignacio Gregorio Comonfort de los Ríos (; 12 March 1812 – 13 November 1863), known as Ignacio Comonfort, was a Mexican politician and soldier who was also president during one of the most eventful periods in 19th century Mexican history: La ...
, endorsed the call to move the headquarters to
Mexico City Mexico City ( es, link=no, Ciudad de México, ; abbr.: CDMX; Nahuatl: ''Altepetl Mexico'') is the capital and largest city of Mexico, and the most populous city in North America. One of the world's alpha cities, it is located in the Valley o ...
.Tena Ramírez, Felipe, ''op. cit.'', capítulo "La Constitución de 1857" The Congress was divided between two main factions. Most members were moderate liberals and planned to restore the
Constitution of 1824 The Federal Constitution of the United Mexican States of 1824 ( es, Constitución Federal de los Estados Unidos Mexicanos de 1824) was enacted on October 4 of 1824, after the overthrow of the Mexican Empire of Agustin de Iturbide. In the new Fr ...
with some changes. Some of the prominent figures were Mariano Arizcorreta, Marcelino Castañeda, Joaquín Cardoso, and Pedro Escudero y Echánove. Their opponents the ''pure liberals'', who wanted to make a completely-new constitution. Among them were
Ponciano Arriaga José Ponciano Arriaga Mejía (1811–1865) was a lawyer and radical liberal politician from the Mexican state of San Luis Potosí. Biography Arriaga rose to prominence in the late 1840s and is particularly known for pushing for the equality of ...
,
Guillermo Prieto Guillermo Prieto Pradillo (10 February 1818 – 2 March 1897) was a Mexican novelist, short-story writer, poet, chronicler, journalist, essayist, patriot and Liberal politician. According to Eladio Cortés, during his lifetime he was consi ...
, Francisco Zarco, José María Mata, and Santos Degollado. The discussions were heated and lasted over a year. President Comonfort interfered through its ministers for the moderate faction, which he preferred. Despite opposition from the executive branch and the minority, ''pure'' liberals ensured that their proposals successfully included: the prohibition of purchase of property by ecclesiastical corporations, the exclusion of the clergy in public office, the abolition of ecclesiastical and military ''fueros'' ( Juárez Law), and
freedom of religion Freedom of religion or religious liberty is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance. It also includes the freedo ...
. Those reforms were contrary to the interests of the
Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.3 billion baptized Catholics Catholic Church by country, worldwide . It is am ...
. During the sessions of Congress, an insurrection for the clergy supported by conservatives, the staunchest opponents of the liberals, gathered force in
Zacapoaxtla Zacapoaxtla is a city and seat of the Zacapoaxtla Municipality, in the Mexican state of Puebla. The city has a population of 8,062 inhabitants, while the municipality has 49,242 inhabitants at the 2000 census.''XII Censo General de Población y ...
and
Puebla Puebla ( en, colony, settlement), officially Free and Sovereign State of Puebla ( es, Estado Libre y Soberano de Puebla), is one of the 32 states which comprise the Federal Entities of Mexico. It is divided into 217 municipalities and its cap ...
. Comonfort sent federal troops and defeated the rebels. The Constitution was promulgated on February 5, 1857, but the clergy threatened that whoever swore the Constitution would be excommunicated.


Major provisions

The Constitution of 1857, with 8 titles and 128 articles, was similar to the 1824 Constitution. Both
federalism Federalism is a combined or compound mode of government that combines a general government (the central or "federal" government) with regional governments ( provincial, state, cantonal, territorial, or other sub-unit governments) in a single ...
and representative
republicanism Republicanism is a political ideology centered on citizenship in a state organized as a republic. Historically, it emphasises the idea of self-rule and ranges from the rule of a representative minority or oligarchy to popular sovereignty. ...
were again implemented, and there were 23 states, a
territory A territory is an area of land, sea, or space, particularly belonging or connected to a country, person, or animal. In international politics, a territory is usually either the total area from which a state may extract power resources or a ...
, and the
federal district A federal district is a type of administrative division of a federation, usually under the direct control of a federal government and organized sometimes with a single municipal body. Federal districts often include capital districts, and they ...
. It supported the autonomy of
municipalities A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate. The term ''municipality'' may also mean the ...
in which each state was divided politically. These were most relevant articles: *2. Abolition of slavery. It was ratifified by the Decree of Abolition of Slavery on September 15, 1829 by President
Vicente Guerrero Vicente Ramón Guerrero (; baptized August 10, 1782 – February 14, 1831) was one of the leading revolutionary generals of the Mexican War of Independence. He fought against Spain for independence in the early 19th century, and later served as ...
. *3. Free public, secular education. *5. Freedom of vocation, with a ban on contracts with loss of freedom for the sake of work, education, or religious vows. *7. Freedom of speech. *10. Right to bear arms. *12. Abolition of titles of nobility. *13. Prohibition of privileges to individuals or institutions or of special courts ( Juárez Law). *22. Prohibition of cruel and unusual punishment or the confiscation of property. *23. Abolition of death penalty for political prisoners, (later modified to permit the execution of traitors under the law of 12 April 1869). *27. No civil or ecclesiastical corporation allowed to hold or manage real estate except buildings for services or for the purpose of the institution (
Lerdo Law The Lerdo Law ( Spanish: ''Ley Lerdo'') was the common name for the Reform law that was formally known as the Confiscation of Law and Urban Ruins of the Civil and Religious Corporations of Mexico. It targeted not only property owned by the Catho ...
). *30. Definition of Mexican nationality. *31. Obligations of Mexicans. *36. Obligations of citizens. *39. The sovereignty of the nation comes from the people. *40. Mexico is constituted as a representative, democratic, federal Republic, composed of free and sovereign States in everything concerning its internal regime. *50. Division of powers: executive, legislative, and judicial. *76. On the election of the president through indirect suffrage in the first degree and secret ballot. *77. Requirements to be elected president. *101 & 102. Amparo *123. Regulation of religion. *124. Prohibition on internal customs checkpoints. *128. Inviolability of the Constitution. Despite problems in Texas, some deputies unsuccessfully proposed a law granting certain rights to foreign colonization by arguing that the country needed to be settled.


Articles 101 & 102

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


Federation

During the promulgation of the constitution, the nation was composed of 23 states and one federal territory.
Nuevo León Nuevo León () is a state in the northeast region of Mexico. The state was named after the New Kingdom of León, an administrative territory from the Viceroyalty of New Spain, itself was named after the historic Spanish Kingdom of León. Wit ...
merged with
Coahuila Coahuila (), formally Coahuila de Zaragoza (), officially the Free and Sovereign State of Coahuila de Zaragoza ( es, Estado Libre y Soberano de Coahuila de Zaragoza), is one of the 32 states of Mexico. Coahuila borders the Mexican states of N ...
with the latter name being adopted. The creation of a new state and the admission of three of the four territories as free states of the federation also occurred. The only federal territory was
Baja California Baja California (; 'Lower California'), officially the Free and Sovereign State of Baja California ( es, Estado Libre y Soberano de Baja California), is a state in Mexico. It is the northernmost and westernmost of the 32 federal entities of Mex ...
. Also,
Mexico City Mexico City ( es, link=no, Ciudad de México, ; abbr.: CDMX; Nahuatl: ''Altepetl Mexico'') is the capital and largest city of Mexico, and the most populous city in North America. One of the world's alpha cities, it is located in the Valley o ...
was called the State of Valley of Mexico but only if the powers of the Federation moved to another site. On February 26, 1864, Nuevo León was separated from Coahuila and regained its status as a free state.


Opposition

On December 1856, Pope
Pius IX Pope Pius IX ( it, Pio IX, ''Pio Nono''; born Giovanni Maria Mastai Ferretti; 13 May 1792 – 7 February 1878) was head of the Catholic Church from 1846 to 1878, the longest verified papal reign. He was notable for convoking the First Vatican ...
denounced the new Constitution and criticized the Juárez Law and
Lerdo Law The Lerdo Law ( Spanish: ''Ley Lerdo'') was the common name for the Reform law that was formally known as the Confiscation of Law and Urban Ruins of the Civil and Religious Corporations of Mexico. It targeted not only property owned by the Catho ...
: "All privileges of ecclesiastical jurisdiction are removed; it establishes that no one can absolutely enjoy emoluments that are a serious burden for society; everyone who can be bound by any obligation that implies either a contract, or a promise, or religious vows is prohibited; the free exercise of all cults is admitted, and everyone is granted the full power to manifest publicly and openly all kinds of opinions and thoughts". In March 1857, Archbishop José Lázaro de la Garza y Ballesteros stated that Catholics could not swear allegiance to the Constitution on pain of
excommunication Excommunication is an institutional act of religious censure used to end or at least regulate the communion of a member of a congregation with other members of the religious institution who are in normal communion with each other. The purpose ...
. Justice Minister Ezequiel Montes met in the
Holy See The Holy See ( lat, Sancta Sedes, ; it, Santa Sede ), also called the See of Rome, Petrine See or Apostolic See, is the jurisdiction of the Pope in his role as the bishop of Rome. It includes the apostolic episcopal see of the Diocese of R ...
with the Cardinal Secretary of State. The Pope accepted the Ley Juárez and disposals of
Lerdo Law The Lerdo Law ( Spanish: ''Ley Lerdo'') was the common name for the Reform law that was formally known as the Confiscation of Law and Urban Ruins of the Civil and Religious Corporations of Mexico. It targeted not only property owned by the Catho ...
but demanded the ability to acquire political rights. The negotiations were interrupted by the resignation of President Comonfort. In Mexico, the Congress presided over by Valentín Gómez Farías and the head of the Executive Comonfort swore the Constitution on 5 February 1857, which was promulgated on 11 March. Despite the fact that Comonfort won the elections, and that in December he should extend his mandate for a new presidential term, he considered that his popularity was seriously affected by the constitutional reforms in religious matters. In December he expressed his intention to reverse the reforms achieved by the Legislative branch. Conservatives began planning a coup. A conservative general, Félix María Zuloaga , epudiated the Constitution. On 17 December 1857, he proclaimed the
Plan of Tacubaya The Plan of Tacubaya ( es, Plan de Tacubaya), sometimes called the Plan of Zuloaga, was issued by conservative Mexican General Félix Zuloaga on 17 December 1857 in Tacubaya against the liberal Constitution of 1857. The plan nullified the Const ...
, which sought repeal of the Constitution and the convening of a new Constituent Congress. During the coup against the Congress and the Constitution, several ministers of Presidential Cabinet resigned. The president of the
Supreme Court of Justice of the Nation The Supreme Court of Justice of the Nation ( es, Suprema Corte de Justicia de la Nación (SCJN) is the Mexican institution serving as the country's federal high court and the spearhead organisation for the judiciary of the Mexican Federal Go ...
,
Benito Juárez Benito Pablo Juárez García (; 21 March 1806 – 18 July 1872) was a Mexican liberal politician and lawyer who served as the 26th president of Mexico from 1858 until his death in office in 1872. As a Zapotec, he was the first indigenous pre ...
, and the president of
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
, Isidoro Olvera, were taken prisoner. On December 19,
Mexican President The president of Mexico ( es, link=no, Presidente de México), officially the president of the United Mexican States ( es, link=no, Presidente de los Estados Unidos Mexicanos), is the head of state and head of government of Mexico. Under the C ...
Ignacio Comonfort Ignacio Gregorio Comonfort de los Ríos (; 12 March 1812 – 13 November 1863), known as Ignacio Comonfort, was a Mexican politician and soldier who was also president during one of the most eventful periods in 19th century Mexican history: La ...
adhered to the plan: "I just change my legal title of president, by those of revolutionary miserable." The states of
México Mexico ( Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatem ...
,
Puebla Puebla ( en, colony, settlement), officially Free and Sovereign State of Puebla ( es, Estado Libre y Soberano de Puebla), is one of the 32 states which comprise the Federal Entities of Mexico. It is divided into 217 municipalities and its cap ...
,
San Luis Potosí San Luis Potosí (), officially the Free and Sovereign State of San Luis Potosí ( es, Estado Libre y Soberano de San Luis Potosí), is one of the 32 states which compose the Federal Entities of Mexico. It is divided in 58 municipalities and i ...
,
Tlaxcala Tlaxcala (; , ; from nah, Tlaxcallān ), officially the Free and Sovereign State of Tlaxcala ( es, Estado Libre y Soberano de Tlaxcala), is one of the 32 states which comprise the Political divisions of Mexico, Federal Entities of Mexico. It is ...
and
Veracruz Veracruz (), formally Veracruz de Ignacio de la Llave (), officially the Free and Sovereign State of Veracruz de Ignacio de la Llave ( es, Estado Libre y Soberano de Veracruz de Ignacio de la Llave), is one of the 31 states which, along with Me ...
agreed the plan. Veracruz changed from supporting the conservatives to the liberals in a major blow against Comonfort. Zuloaga distrusted the president, because he thought that he was returning to the side of the Liberals. Without any alternative, Comonfort resorted to the ''pure'' and released Juárez and other political prisoners. On January 11, 1858, Comonfort resigned and left with a guard for
Veracruz Veracruz (), formally Veracruz de Ignacio de la Llave (), officially the Free and Sovereign State of Veracruz de Ignacio de la Llave ( es, Estado Libre y Soberano de Veracruz de Ignacio de la Llave), is one of the 31 states which, along with Me ...
. On 7 February, he sailed for exile in the United States. As head of the Supreme Court, Juárez became president of Mexico on 21 January 1858.El Colegio de México, ''Op.cit.'' p.597-598


Immediate impact

Conservatives refused to recognize the new constitution or the liberal government. Conservative Félix Zuloaga established a Conservative Government in
Mexico City Mexico City ( es, link=no, Ciudad de México, ; abbr.: CDMX; Nahuatl: ''Altepetl Mexico'') is the capital and largest city of Mexico, and the most populous city in North America. One of the world's alpha cities, it is located in the Valley o ...
; through the promulgation of Five Laws repealed the liberal reforms. Liberal were forced to move the seat of government to
Guanajuato Guanajuato (), officially the Free and Sovereign State of Guanajuato ( es, Estado Libre y Soberano de Guanajuato), is one of the 32 states that make up the Federal Entities of Mexico. It is divided into 46 municipalities and its capital city i ...
. Armies of the two opposing governments clashed in the Reform War. States of
Jalisco Jalisco (, , ; Nahuatl: Xalixco), officially the Free and Sovereign State of Jalisco ( es, Estado Libre y Soberano de Jalisco ; Nahuatl: Tlahtohcayotl Xalixco), is one of the 31 states which, along with Mexico City, comprise the 32 Federal ...
,
Guanajuato Guanajuato (), officially the Free and Sovereign State of Guanajuato ( es, Estado Libre y Soberano de Guanajuato), is one of the 32 states that make up the Federal Entities of Mexico. It is divided into 46 municipalities and its capital city i ...
,
Querétaro Querétaro (), officially the Free and Sovereign State of Querétaro ( es, Estado Libre y Soberano de Querétaro, links=no; Otomi: ''Hyodi Ndämxei''), is one of the 32 federal entities of Mexico. It is divided into 18 municipalities. Its cap ...
,
Michoacán Michoacán, formally Michoacán de Ocampo (; Purépecha: ), officially the Free and Sovereign State of Michoacán de Ocampo ( es, Estado Libre y Soberano de Michoacán de Ocampo), is one of the 32 states which comprise the Federal Entities of ...
,
Nuevo León Nuevo León () is a state in the northeast region of Mexico. The state was named after the New Kingdom of León, an administrative territory from the Viceroyalty of New Spain, itself was named after the historic Spanish Kingdom of León. Wit ...
,
Coahuila Coahuila (), formally Coahuila de Zaragoza (), officially the Free and Sovereign State of Coahuila de Zaragoza ( es, Estado Libre y Soberano de Coahuila de Zaragoza), is one of the 32 states of Mexico. Coahuila borders the Mexican states of N ...
,
Tamaulipas Tamaulipas (), officially the Free and Sovereign State of Tamaulipas ( es, Estado Libre y Soberano de Tamaulipas), is a state in the northeast region of Mexico; one of the 31 states which, along with Mexico City, comprise the 32 Federal Entiti ...
,
Colima Colima (), officially the Free and Sovereign State of Colima ( es, Estado Libre y Soberano de Colima), is one of the 31 states that make up the 32 Federal Entities of Mexico. It shares its name with its capital and main city, Colima. Colima i ...
and
Veracruz Veracruz (), formally Veracruz de Ignacio de la Llave (), officially the Free and Sovereign State of Veracruz de Ignacio de la Llave ( es, Estado Libre y Soberano de Veracruz de Ignacio de la Llave), is one of the 31 states which, along with Me ...
supported the liberal government of Benito Juárez and the Constitution of 1857. States of
México Mexico ( Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatem ...
,
Puebla Puebla ( en, colony, settlement), officially Free and Sovereign State of Puebla ( es, Estado Libre y Soberano de Puebla), is one of the 32 states which comprise the Federal Entities of Mexico. It is divided into 217 municipalities and its cap ...
,
San Luis Potosí San Luis Potosí (), officially the Free and Sovereign State of San Luis Potosí ( es, Estado Libre y Soberano de San Luis Potosí), is one of the 32 states which compose the Federal Entities of Mexico. It is divided in 58 municipalities and i ...
,
Chihuahua Chihuahua may refer to: Places *Chihuahua (state), a Mexican state **Chihuahua (dog), a breed of dog named after the state **Chihuahua cheese, a type of cheese originating in the state **Chihuahua City, the capital city of the state **Chihuahua Mun ...
,
Durango Durango (), officially named Estado Libre y Soberano de Durango ( en, Free and Sovereign State of Durango; Tepehuán: ''Korian''; Nahuatl: ''Tepēhuahcān''), is one of the 31 states which make up the 32 Federal Entities of Mexico, situated in ...
,
Tabasco Tabasco (), officially the Free and Sovereign State of Tabasco ( es, Estado Libre y Soberano de Tabasco), is one of the 32 Federal Entities of Mexico. It is divided into 17 municipalities and its capital city is Villahermosa. It is located in ...
,
Tlaxcala Tlaxcala (; , ; from nah, Tlaxcallān ), officially the Free and Sovereign State of Tlaxcala ( es, Estado Libre y Soberano de Tlaxcala), is one of the 32 states which comprise the Political divisions of Mexico, Federal Entities of Mexico. It is ...
,
Chiapas Chiapas (; Tzotzil and Tzeltal: ''Chyapas'' ), officially the Free and Sovereign State of Chiapas ( es, Estado Libre y Soberano de Chiapas), is one of the states that make up the 32 federal entities of Mexico. It comprises 124 municipalities ...
,
Sonora Sonora (), officially Estado Libre y Soberano de Sonora ( en, Free and Sovereign State of Sonora), is one of the 31 states which, along with Mexico City, comprise the Federal Entities of Mexico. The state is divided into 72 municipalities; the ...
,
Sinaloa Sinaloa (), officially the Estado Libre y Soberano de Sinaloa ( en, Free and Sovereign State of Sinaloa), is one of the 31 states which, along with Mexico City, comprise the Federal Entities of Mexico. It is divided into 18 municipalities and ...
,
Oaxaca Oaxaca ( , also , , from nci, Huāxyacac ), officially the Free and Sovereign State of Oaxaca ( es, Estado Libre y Soberano de Oaxaca), is one of the 32 states that compose the Federative Entities of Mexico. It is divided into 570 municipaliti ...
and
Yucatán Yucatán (, also , , ; yua, Yúukatan ), officially the Free and Sovereign State of Yucatán,; yua, link=no, Xóot' Noj Lu'umil Yúukatan. is one of the 31 states which comprise the federal entities of Mexico. It comprises 106 separate mun ...
supported the conservative government of Zuloaga. After the Liberal government won the Reform War, President Juárez and his government added to the Constitution of 1857, the Reform Laws that had been enacted in
Veracruz Veracruz (), formally Veracruz de Ignacio de la Llave (), officially the Free and Sovereign State of Veracruz de Ignacio de la Llave ( es, Estado Libre y Soberano de Veracruz de Ignacio de la Llave), is one of the 31 states which, along with Me ...
. Because of the civil war, the Constitution remained without effect on almost all the country until January, 1861, when the Liberals returned to the capital. In 1862, as a result of Franco-Mexican War and the establishment of
Second Mexican Empire The Second Mexican Empire (), officially the Mexican Empire (), was a constitutional monarchy established in Mexico by Mexican monarchists in conjunction with the Second French Empire. The period is sometimes referred to as the Second French i ...
, the Constitution was suspended. In 1867 the liberal, republican forces succeeded in ousting the monarchy, and restored the Republic and bringing the constitution into effect.


Replacement by the Constitution of 1917

The winning faction of the
Mexican Revolution The Mexican Revolution ( es, Revolución Mexicana) was an extended sequence of armed regional conflicts in Mexico from approximately 1910 to 1920. It has been called "the defining event of modern Mexican history". It resulted in the destruction ...
, the Constitutionalists fought in the name of the Constitution of 1857, with the explicit understanding that they fought for constitutional order. During the Porfiriato, Díaz had strengthened the power of the executive and place his loyalists in power in most Mexican state governments, creating a centralized government. Díaz's critics viewed him as a dictator. On February 5, 1903, a liberal group protesting the regime placed on the balcony of the offices of the newspaper ''El hijo de El Ahuizote'' a great black banner for mourning with the legend "The Constitution is dead." Less well known is that Reform liberals, including Benito Juárez and Ignacio Comonfort saw the flaws of the 1857 constitution, which undercut the power of the executive. With the triumph of the Constitutionalists on the battlefield, there was a reassessment of the constitutional framework.
Venustiano Carranza José Venustiano Carranza de la Garza (; 29 December 1859 – 21 May 1920) was a Mexican wealthy land owner and politician who was Governor of Coahuila when the constitutionally elected president Francisco I. Madero was overthrown in a February ...
initially opposed calls for drafting an entirely new constitution in 1916, but advisers convinced him that doing that would be far easier than doing piecemeal amendments to the lengthy and complex charter for the nation.


Notes

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


See also

*
Liberal Reform Liberal Reform is a group of members of the British Liberal Democrats. Membership of the group is open to any Liberal Democrat party member, and is free of charge. It was launched on 13 February 2012, and describes itself as a broadly centrist g ...
* Reform War *
Reform laws The Reform War, or War of Reform ( es, Guerra de Reforma), also known as the Three Years' War ( es, Guerra de los Tres Años), was a civil war in Mexico lasting from January 11, 1858 to January 11, 1861, fought between liberals and conservativ ...
* French intervention in Mexico *
Second Mexican Empire The Second Mexican Empire (), officially the Mexican Empire (), was a constitutional monarchy established in Mexico by Mexican monarchists in conjunction with the Second French Empire. The period is sometimes referred to as the Second French i ...
*
Constitutions of Mexico Since declaring independence in 1821, Mexico has adopted a number of constitutions or other documents of basic law with constitutional effects. Not all these can be considered constitutions, and not all of them enjoyed universal application. Those ...
* Federal Constitution of the United Mexican States of 1824 * Political Constitution of the United Mexican States of 1917 (''currently in force'') *
Politics of Mexico The politics of Mexico take place in a framework of a federal presidential representative democratic republic whose government is based on a congressional system, whereby the President of Mexico is both head of state and head of government, a ...
*
History of democracy in Mexico The history of democracy in Mexico dates to the establishment of the federal republic of Mexico in 1824. After a long history under the Spanish Empire (1521–1821), Mexico gained its independence in 1821 and became the First Mexican Empire l ...


References


Further reading

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


In Spanish

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


External links

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

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