A couple of opening notes first – this is perhaps the largest government system post to date so it is a long one, so you may want to plan ahead while reading this and set a reminder where you reached when needed. You will see I have used House of Representatives and House of Deputies interchangeably, do not get confused they are both the same thing (lower chamber of federal Congress), for some reason they call it the House of Representatives in the Constitution, while anywhere else it seems to be called the House of Deputies.
Mexico, also called the United Mexican States (officially), is a country found in the Southern area of the North American continent bordered with the United States of America on one side and Central America on the other where it connects to Guatemala and Belize. Mexico’s Yucatan Peninsula is also not far from Cuba, Mexico also has coasts along the Gulf of Mexico, Gulf of California, and the Pacific Ocean. Mexico’s capital is quite simply Mexico City located in the Valley of Mexico, a highlands plateau in Central Mexico.
Signs of ancient human habitation date far back to around 12,700 years ago with the discovery of one of the oldest human remains in the Americas, known as the Peñon woman, in the area of present-day Mexico City. Her origins cannot be determined but has been narrowed down to some potential possibilities, either Asian, Caucasian, or Aboriginal Australian. The oldest human artifacts to be discovered were fragments of stone tools close to the remains of campfires within the Valley of Mexico dating as far back as 10,000 years.
The growing of maize, tomatoes, and beans, through plant domestication, brought about a surplus of food which enabled Paleo-Indians, the first peoples of the Americas, to move from a hunter-gatherer lifestyle to the creation and settlement of agricultural villages from around 5000 BC. Over time the spreading of maize cultivation, cultural traits, and a vigesimal numeric system, reached across much of the Mesoamerican cultural area – villages expanded, artisan classes were formed, and chiefdoms were established. Rulers with the largest religious and political power had large ceremonial centers constructed.
The earliest known major Mesoamerican civilization within present-day Mexico were the Olmecs, existing along the Gulf coast from around 1500 BC, their cultural traits diffused through large areas of present-day Mexico. Distinct religions and symbolic traditions were picked up, and artistic and architectural complexes became ever more common. Today this formative-era of Mesoamerica is considered one of the cradles of civilization.
The formative era also saw the emergence of the Mayans and Zapotec, who are evidenced by architectural structures left in Calakmul and Monte Alban. This period saw the first true Mesoamerican writing system be created, being one of the three known places in the entire world where writing is thought to have developed independently, specifically via the Epi-Olmec and Zapotec cultures. One of the heights of this period was the creation of the Mayan script.
The founding of Teotihuacan in present-day Central Mexico led to the forming of a military and commercial empire, of which its political influence stretched both South and North. Following its collapse around 600 AD, competition arose between existing city-states within the area. This period also saw the Nahua peoples (who would become the Aztecs/Mexica) moving South into Mesoamerica, whereby they gained political and cultural dominance, and the displacement of peoples who spoke the Oto-Manguean languages.
The early post-classical era saw the dominance of the Toltec culture in present-day Central Mexico, and the Mixtec peoples in the present-day Oaxaca. It is thought the Toltecs were also of Nahua ethnicity as well. Chichen Itza and Mayapan emerged as important cultural centres. The post-classical era saw the dominance of the Mexica, who established a political and economic empire based in Tenochtitlan, which is where modern-day Mexico City stands today. This empire, which also included the city-states of Tetzcoco and Tlacopan, stretched from present-day Central Mexico to the present-day Guatemalan border, this Triple Alliance became widely known as the Aztec Empire in modern times, ruling from 1428.
This empire was both informal and hegemonic as it did not exert its authority over all conquered territories, merely being content with the payment of tributes, many local rulers were also allowed to be retained after the such city-states were conquered, local affairs were left up to the locals. Those within the empire practiced human sacrifice on a large scale, but at the same time also tended to avoid killing their enemies in war, therefore leading to them having a lower-than-expected warring casualty rate, especially when compared to their eventual Spanish conquerors.
The Spanish had only begun exploring the coast of Mexico during the second decade of the 16th Century, they had already setup colonies within the Caribbean from 1493, they had known of Mexico’s existence since 1518 from the expedition of the Spanish conquistador Juan de Grijalva. It was only within the next year, 1519, that the Spanish conquistador Hernan Cortes landed on the Gulf Coast to found the city of Veracruz and from then the Spanish Conquest of the Aztec Empire begun.
The Spanish held technological superiority over the Triple Alliance and also made key strategic alliances with disgruntled city-states who supplied and fought alongside the Spanish against the Triple Alliance. Cortez also had a cultural translator called Malinche who was a Nahua woman who had been enslaved in the Maya area and who was given to the Spanish as a gift. She gave key strategic advice to the Spanish forces.
The ruler of the empire at the time of the Spanish arrival was Moctezuma II, he eventually allowed the Spanish to enter into Tenochtitlan, he was captured and made a hostage and soon came to die in custody, which forced the Spanish forces to flee the city in chaos. Cuitlahuac, the brother of Moctezuma II, took over rule of the empire but would soon die to smallpox, which had been accidentally introduced by the Spanish along with other contagious diseases such as measles, these diseases would go on to ravage the indigenous populations from the 1520s, ultimately causing the deaths of many millions due to lack of natural immunity. By 1600 the native populations would decline by as much as 80-90%.
The Aztec Empire, quite unsurprisingly, became extremely weakened, and the second return of Cortez and his Spanish forces saw the easy defeat of the empire with the help of Tlaxcala. The newly conquered territory came under the Spanish Empire within the Viceroyalty of New Spain in 1535, with the Viceroy being the highest official of the state under the Spanish Crown. Cortez rebuilt what would become Mexico City following the fall of Tenochtitlan. The preceding three centuries of Spanish colonial rule would see the development of the identity, traditions and architecture of Mexico, specifically from the years of 1521 until 1821.
One of the most significant things would be the introduction of Catholicism, including the creation of the diocese of Mexico in 1530 which became an Archdiocese in 1546. The Spanish Inquisition itself would eventually spread to New Spain as the Mexican Inquisition from 1571, to remove heresy. The Council of the Indies, established by King Charles I in 1524, played a significant role in overseeing state power in New Spain as it did over much of the Americas and the Philippines while held by the Spanish Empire. A High Court was also established in Mexico City shortly before the creation of New Spain.
The first half-century of imperial rule saw the founding of Spanish cities, which were sometimes also built on pre-Columbian sites, I am sure to the great disrespect of indigenous peoples. The Spanish would go on to secure Northern Mexico when silver was discovered there, stamping out resistant indigenous populations there, silver would come to dominate New Spain’s economy, making it an important trade hub with links to the Americas, Asia, Africa, and Europe. Many saw the silver trade as the beginning of a true global economy.
New Spain would expand to eventually encompass all of modern-day Mexico, Central America as far South as Costa Rica, as well as the modern-day Western United States. The Viceroyalty, based in Mexico City, also played a role in administering the Spanish West Indies, Spanish East Indies, and Spanish Florida. Spanish rule also saw the introduction of the first printing shop, first university, first public park, first public library, and first major school and museum of art within the Americas over the three centuries.
the northern boundary with the US was defined via the Adams-Onis Treaty which saw Spanish Florida handed over to the United States in 1819. The Indigenous population would remain the majority despite how many died from the diseases introduced by colonists and those they brought with them. As many as 200-250k African slaves were also brought over. Imperial rule saw the introduction of a racial caste system with whites at the top, followed by mixed-race, then blacks, and then indigenous peoples at the bottom, and even in many cases completely separated from the system.
Spaniards did not have to pay tribute and their men also were allowed access to higher education, were allowed to hold civil and ecclesiastical offices, were subject to the Inquisition, and liable to conscription. Indigenous peoples on the other hand had to pay tribute, and were exempt from the Inquisition, the holding of priesthood, and also exempt from military service, they were also largely exploited for labour. The late 18th Century saw the introduction of reforms, a part of the Bourbon Reforms, that placed Iberian-born Spaniards (peninsulares) above American-born ones (criollos), which would lead to growing discontent and a spark for the pursuit of independence from the empire, backed by many criollos elites.
Wars between the indigenous peoples and Spanish forces (who were themselves often allied with other indigenous forces) were almost constant during colonial rule, the biggest ones taking place in the north including the Chichimeca War, Tepehuan Revolt, the Pueblo Revolt, and the Tzeltal Rebellion stretching from the late 1500s to the 1700s. As well as internal issues, most of which could be handled without too much issue, New Spain’s coasts also faced attacks from pirates, specifically English, French and Dutch ones, and was a big reason why only two ports in New Spain were open to world trade, Veracruz on the Atlantic side and Acapulo on the Pacific side, to protect the monopoly of revenue held by the Crown. Such pirate raids against New Spain included the Sack of Campeche in 1663 and the Attack on Veracruz in 1683.
New Spain also faced threat of invasion from its imperial rivals, which was perhaps the biggest threat faced. The British would become one of the most prominent threats, especially during the Seven Years’ War when British forces seized the Spanish-held ports of Havana and Manila in 1762. Such provocative acts by the British led to the creation of a standing army, improvement of coastal fortifications, as well as expanding presidios in the north and a greater intensity onto missions into Alto California.
The Mexican War of Independence, following years of growing tensions, would finally breakout in 1810, when a loyalist revolt against the ruling junta was declared by Miguel Hidalgo y Costilla, a Criollo Catholic priest, in the town of Dolores where it became known as the Cry of Dolores, the day is now celebrated as Mexico’s Independence Day. Hidalgo got a number of important figures on side, such as the viceregal army captain Ignacio Allende. Hidalgo would later be captured and executed by firing squad in 1811 but the war would continue. Hidalgo is today seen as the Father of the Nation.
The Congress of Chilpancingo was convened in November 1813 and would sign the Solemn Act of Northern America’s Independence. During the later points of the war, it seemed that the rebel insurgency was close to collapse, but a turning point came in 1820 when an army sent by the Viceroy, under the command of Criollo general Agustin de Iturbide, to attack the army of Vicente Guerrero, instead defected to Guerrero’s side. In August 1821 the Treaty of Cordoba and the Declaration of Independence of the Mexican Empire were signed, recognising independence under the terms of the Plan of Iguala, which would implement a constitutional monarchy, Roman Catholicism as the sole religion, and equal political and social rights.
This established the short-lived First Mexican Empire with Agustin de Iturbide as Regent and then its first and only Emperor, as no member of European royalty wished to take it for themselves.
The United States was the first country to recognise Mexico’s independence and also warned Europe from any further intervention in the Americas via the Monroe Doctrine. The period to come would see much more strife and hardship due to civil war, foreign invasion and institutional instability. Iturbide would be overthrown in a coup in 1823 and the rebels established the First Mexican Republic, also called the First Federal Republic or United Mexican States in 1824 with a new constitution. Guadalupe Victoria, a former insurgent general, became its first President. This new state would see Central America, as well as the modern-day Mexican state of Chiapas, leave.
Vicento Guerrero would later become President in 1829 following a disputed election. Many white elites did not welcome his leadership, the period itself was marked with political divisions between the Liberals who wanted a federal form of decentralized government, and the Conservatives who wanted a more unitary hierarchical state. Guerrero would only serve a short term before being betrayed by his Conservative Vice-President, Anastasio Bustamante, and Guerrero was judicially murdered.
As well as political turmoil and existing racial tensions, the state also still faced threats from its former imperial holder and other foreign states, with Spain attempting to reconquer the area during the 1820s. The unrest also led to France blockading Mexico and capturing Veracruz during the Pastry War, with France wanting monetary compensation suffered by its citizens from unrest in Mexico, the war was settled via a British brokered peace treaty that forced Mexico to agree to pay 600k pesos to French citizens and have future trade commitments with France.
All of this chaos brought about doubts over Mexico’s ability to be an independent state and maintain a stable government, but the chaos did also allow a national hero to rise, a creole general called Antonio Lopez de Santa Anna, who fought in the Pastry War and losing a leg while doing so, he rose to prominence having also fought against the Spanish and played a part in the overthrow of the Emperor at the end of the First Mexican Empire. He would go on to become a powerful political figure and serve 11 non-consecutive presidential terms.
On top of other chaos, Mexico also still faced resistance from indigenous peoples, with groups of these peoples having control of territory in the north claimed by the Mexican state. One such group, the Comanche, controlled a large portion of territory within the region of central and northern Texas, to better stabilize and develop this frontier the Mexican government encouraged Anglo-Americans to immigrate there, despite them primarily being Protestant, as few from Central Mexico moved there, these Anglo-American settlers also brought in their black slaves to the area, which after 1829 was against Mexican law. The Anglo-Americans would go on to have political and ethnic spats with the Mexicans living in Texas, which they eventually outnumbered.
Santa Anna, in pursuit of further power and a more centralized government, suspended the 1824 constitution and promulgated The Seven Laws to put more power within his hands. These actions caused civil war to break out across the country and also led to the Republic of Texas, Republic of the Rio Grande, and the Republic of Yucatan to declare independence from Mexico. Yucatan had been independent previously but joined Mexico in 1821 after it had become the First Mexican Empire, Yucatan would later fully rejoin Mexico for good in 1848 while the Republic of Rio Grande ended in 1840 and was forced to return to Mexico. Texas would later join the United States.
Mexico would receive a further blow 1846 with the Mexican-American War, which begun following the US’s annexation of Texas, which had been favoured by the Republic of Texas. The Mexican-American War led to Mexico losing a large portion of its northern territory to the United States via the 1848 Treaty of Guadalupe Hidalgo that ended the war. Santa Anna clung on to power for a bit more time afterwards but was eventually overthrown by liberals in the Revolution of Ayutla and driven into exile.
A civilian government was established by the Liberals and had a focus on economic development that were considered vital by the Liberals. La Reforma, as it came to be known, attempted to liberalize the economy and institutions. A new Constitution was adopted in 1857 that made the Church and State separate, stripped the Conservative institutions of the Church and the military of their special privileges, it also mandated the sale of Church-owned property and the sale of indigenous community lands, and it made education secular. Conservatives, outraged by the changes, revolted against the Liberals causing a civil war known as the War of Reform from 1858.
The Liberals defeated the Conservatives on the battlefield, but the Conservatives appealed for French intervention by asking Napoleon III to install a European monarch as Head of State in Mexico. The French accepted and invaded Mexico defeating the Liberal forces and installing Maximilian Hapsburg as Emperor of what would be the short-lived Second Mexican Empire which would also only have just one Emperor during its time. The Liberals continued to operate their own government within Mexico under Benito Juarez, effectively in internal exile, they were aided by the US following the end of the US Civil War from 1865, enabling the Liberals to get an upper hand.
After two years the French Army withdrew its support for the Conservatives and the monarchy in Mexico. Maximilian interestingly decided to remain in Mexico despite losing what had propped him up this whole time, and quite unsurprisingly he was soon captured by Republican forces and was executed via firing squad alongside two Conservative generals. The Second Mexican Republic came into being. The defeat of the Conservatives left them very weak, especially with the stain of having collaborated with a foreign force. The effect was that Liberalism became patriotic within Mexico, and the old Mexican Army, rooted in colonial and Conservative roots of the First Republic, had been destroyed.
This allowed new Liberal military leaders to emerge, one such being Porfirio Diaz, a hero of the Battle of Puebla, who now set his sights on holding civilian office. He would go on to rebel against two elected civilian leaders when they ran for re-election, Juarez and then Sebastian Lerdo de Tejada, on the second rebellion, the Plan of Tuxtepec, where he supported the Constitution and Reform Laws, he was successful via guerrilla warfare, causing Lerdo to flee into exile, allowing Diaz to assume the presidency and begin a rule that would last three and a half decades, with the period being known as the Porfiriato from 1876.
The period saw a time of peace and progress, with Mexico rapidly modernizing and the State experiencing economic growth and stability, with significant foreign investment and influence. The railway and telecommunication networks were expanded, as well as increased investment in arts and sciences. But progress in this fashion still did not equal economic equality for the general populace and there was much political repression. Diaz also continually downsized spending on the army to avoid any potential rebellions, and instead preferred to expand rural police forces which he had direct control over.
The country was opened up to foreign investment and business exploitation, particularly from the US and Britain, which included developing commercial agriculture in Northern Mexico, allowing many US investors to obtain vast ranching estate. Mexico also begun to eye up land to sell for development, which would lead to many indigenous communities losing their lands, with many becoming landless workers open to exploitation by foreign enterprise. The US and British also brought extractive mining of copper, lead, and other minerals, including extraction of petroleum in the Gulf Coast. The State also allowed private enterprise to own subsoil rights, with it no longer being a fully state-owned right. All the new enterprise did though give rise to an industrial work force who began organising to pursue labour rights.
The Porfirian regime was interesting in that it was inspired by Positivism, and it pursued scientific methods for national development while putting aside theology and idealism. During his long rule Diaz made no plans for what would happen after him and there was no obvious or named successor, Diaz even stated that he was not going to run in the 1910 elections which caused activity to pop up within the suppressed opposition movements, such activity led to the rise of a popular figure, a descendant of a rich landowning family called Francisco I. Madero. Diaz, despite saying he would not run, changed his mind and due to the threat of Madero, jailed him, which only caused support for Madero to grow.
This would lead to the Mexican Revolution beginning from 1910, a chaotic period that has shaped Mexico up to the modern day. The uprising caused Diaz to resign the presidency and the democratic election of Madero in 1911, but this would not last. A German Imperial-backed and US-backed military coup in 1913, led by Felix Diaz the nephew of Porfirio Diaz forced Madero and his government to resign, with Madero being murdered by agents of Victoriano Huerta, a General of the Federal Army who turned against Madero.
Huerta took the presidency following mediation. These actions would cause the continuation of the Mexican Revolution. Although the US originally backed the coup and mediated on who should take power between Diaz and Heurta, the next US administration under Woodrow Wilson refused to recognise the Heurta regime due to the murder of Madero and his Vice-President and as such the US allowed arms sales to Constitutionalist Army rebels, US forces also occupied Veracruz during the uprising against Huerta following the Tampico Affair where US Navalman who had come ashore for supplies had been detained by Heurta’s Federal Army.
Before the occupation the US had made demands of Mexico which were broadly rejected not only by Heurta but even by rebel forces, nonetheless the occupation of Veracruz contributed to Heurta’s downfall, the US withdrew its troops in November of 1914 after 7-months.
A coalition of rebel forces against Huerta rose up in the north, which included the already mentioned Constitutionalist Army under Venustiano Carranza, and a peasant army in the south of the country under Emiliano Zapata, whom together defeated the Federal Army with Huerta fleeing the country and would later die in US custody. The rebel coalition attempted to mediate a peaceful transfer of power but ended up splintering once again causing the Mexican Revolution to continue on, this time between the rebel forces vying for control.
During this renewed war a Constitutionalist General, Pancho Villa, defected to Zapata, he conducted an initially successful campaign until he was defeated by Constitutionalist general Alvaro Obregon. Villa went into hiding with guerilla forces following his defeat and would make a daring raid on the US city of Columbus in New Mexico, with the US launching an expedition of 10,000 troops into Mexico to go after Villa, but with mounting pressure from Carranza who were opposed to US troops in the North, and also the US’s entry into World War 1, and the fact the US force was easily being out-maneuvered by Villa’s guerilla force, the expedition ended in failure.
During World War I the German Empire attempted to get Mexico to turn against the United States via telegram which was intercepted and decoded by British intelligence. Villa was later assassinated in 1923, with those responsible speculated to be Villa’s political enemies such as Plutarco Elias Calles, a general during the revolution, and Alvardo Obregon, the general who had originally beaten Villa and who was President during Villa’s assassination.
With the Constitutionalists standing on top following the civil war Carranza became the de facto President with US recognition, and a new constitution was adopted in 1917 which continues to be Mexico’s constitution to this day. Carranza had gained support of the peasants during the revolution but he would do little for them while in power and in many cases performed against the peasants, he also consolidated power by having Emiliano Zapata assassinated in 1919.
Carranza was later overthrown by Obregon working in league with two other Sonaran generals under the Plan of Agua Prieta, Carranza died while attempting to flee Mexico City, after an interim government Alvaro Obregon became President. The period from 1920 to 1946 would see a series of revolutionary generals as President, post-1946 has since not seen another member of the military as President.
A post-revolution project came about that aimed to bring order, end military intervention within politics, and created organised interest groups. Obregon’s initial rule saw land reforms and improved power of organized labour. Calles, the successor to Obregon, started the Cristero War, a war between the State and the Catholic Church and Catholic guerrilla forces, as Calles strictly implemented the secularist and anticlerical articles of the 1917 Constitution. The war was eventually ended diplomatically by 1929 with the help of the US’s Mexican ambassador, but not before the assassination of President-elect Obregon by a Catholic zealot in 1928, which caused a political succession crisis. The constitution had been amended to allow Obregon to run again, but did not allow consecutive terms, meaning Calles could not run again.
Instead, Calles setup a new structure to manage presidential succession and Mexico would transform into a single-party state from 1929 under the Institutional Revolutionary Party which would solely dominate Mexico politics for just over seven decades without any solid opposition. Calles declared that Mexico had moved away from strongman rule and into a new institutional era. Calles remained a prominent political figure during the Maximato period until the presidency of Lazaro Cardenas who expelled Calles from Mexico and brought forth many economic and social reforms, including the nationalization of petroleum and oil.
During World War II Mexico did not get directly involved although did provide manpower and other resources in aid of the Allies. 1946 saw the election of the country’s first civilian President, marking an end of rulers being of a military background, Mexico has remained under civilian rule ever since. This period also saw the Mexican Miracle, an aggressive program of economic development which prominently included industrialization, urbanization, but also an increase in inequality between those living in urban and rural areas. With such economic growth Mexico wanted to show the world it could host the Olympic Games in 1968, with many economic resources being splashed into it, which angered many who were struggling financially in the country, most visibly University students. The protests led to a crackdown by Gustavo Diaz Ordaz and ultimately the Tlatelolco Massacre that killed hundreds of people, with exact numbers debated.
The growing inequality saw a stark divide between the growing autocracy and oppressiveness of the PRI of which was backed by the US during the Cold War, and left-wing students, something that became known as the Mexican Dirty War. Economic issues continued to grow and some ground was given on limited electoral reforms. There was some hope that Mexico could get out of its economic situation when petroleum reserves were discovered off of Mexico’s Gulf Coast, the national oil company did not have the resources to tap the reserves by themselves and so foreign firms were allowed to be brought in.
Oil prices were high at the time and as such banks were happy to lend money to the state for things like social programs. But then the price of oil dropped during the 1980s Oil Glut and amongst the Latin American Debt Crisis Mexico’s economy collapsed, with interest rates soaring, devaluing of the peso, and the government defaulting on its debt. The currency of Mexico was devalued in an attempt to limit the crisis which in turn caused much inflation.
This time period saw the first signs of the PRI’s hold on total political dominance loosening with the first non-PRI State Governor being elected in Baja California in 1989, a member of the National Action Party. There was also a political split within the PRI itself when Cuauhtemoc Cardenas, who is the son of former President Lazaro Cardenas, split off from the PRI to challenge the party’s presidential candidate Carlos Salinas de Gortari in the 1988 election. Salinas received a very narrow win in the fraudulent elections which sparked mass protests.
Salinas nonetheless introduced neoliberal reforms to fix the peso exchange rate, control inflation, open up the country to foreign investment, and also entered into NAFTA. Entering into NAFTA did require some amendments to the Constitution, such as ending agrarian reform, guarantee private owners’ property rights, relaxed anti-clerical articles, and Mexico also reestablished political ties with the Holy See. Also, during this time, the federal government faced an uprising from the Zapatista Army of National Liberation in Chiapas, a group mostly made up of rural indigenous peoples who are alter-globalist and against neoliberalism, the group after being largely countered by the Mexican Armed Forces now operates as a non-violent opposition group, they continue to hold territory within the Mexican state of Chiapas in what is now a mostly frozen conflict.
Also, in 1994 the PRI’s presidential candidate Luis Donaldo Colosio was assassinated, and instead Salinas was succeeded by a substitute PRI candidate called Ernesto Zedillo. While Salinas went off to deal with Mexico’s peso crisis, which required a $50 million bailout from the IMF, Zedillo brought about major macroeconomic reforms which enabled Mexico’s economy to quickly recover and also grow.
In the 2000 election the PRI lost its first presidential election in its 71-years of rule with Vicente Fox of the National Action Party winning. The PRI would not come back to power again until the 2012 election although by that point the party did not hold a legislative majority. The loss of the PRI ended one-party dominance and Mexico has not gone back to such since, maintaining a typical multi-party system. Major problems in Mexico today include high crime rates, organized crime, and drug trafficking, with the presence of powerful drug syndicates and cartels who often fight with each other over turf and also fight against Mexican authorities and military forces, they have also fought against US forces in the ongoing Mexican Drug War, a part of the larger War on Drugs. Many cartels have managed to gain considerable power and continue operations through backhand deals and bribery with corrupt politicians and officials, as well as threatening such politicians and officials.
In one recent shocking incident in 2019 the powerful Sinaloa Cartel used vehicles and heavy weaponry to paralyze the city of Culiacan over a botched attempt by authorities to arrest Ovidio Guzman, son of the infamous Mexican drug lord Joaquin “El Chapo” Guzman, the attack on the city led to the authorities shockingly giving in and releasing Ovidio from custody. As can be seen from this incident one of Mexico’s biggest issues remains powerful organized crime, of which is a threat to stable democracy and stability of the state.
Mexico’s de facto national language is Spanish and there are 68 regionally recognised Amerindian languages, there is no federally recognised official language. The country’s ethnic makeup is very diverse including dozens of Amerindian groups and others. The largest religion is Catholicism. The official currency is the Mexican peso. Mexico’s large and growing population is over 130,933,330.
Government Type
Mexico is a Federal Presidential Representative Democratic Republic where there is a President who is both Head of State and Head of Government, and there is a federal bicameral congress called the Congress of the Union that makes up the federal legislative government. Multiple parties are allowed. National political parties must obtain at least 3% of the valid vote in federal elections, if they fail to do that then they will lose registration.
Since Mexico is a federation there are a number of states with their own governor, legislatures, judiciary and state constitution. State governments are bound to keep a Republican-form of governance. The Federal Government oversees the federation. The system is basically very similar to the United States of America’s federal system.
The federation is made up of 31 States as well as a federal district which is Mexico City, the federal district had its autonomy limited and largely controlled by the federal government, but since 2016 the district has been moving towards having more autonomy similar to a State which includes its own constitution (Federal District Charter), government, leader, and legislature. All states are guaranteed equal representation within the federal Senate (upper house of the federal Congress) no matter the difference in population or other factors.
The federal constitution lays out principles that must be met by each Mexican State’s Constitution and laws as well as how the power dynamic works between state governments and the federal government, principles cover areas that include education, legislation, telecommunications, broadcasting, judiciary, human rights and freedoms, republican-form of government, among other areas. These things will not be gone into detail within this post as it would be too long, perhaps a separate post in the future. This post will mostly focus on the federal-level institutions.
The Executive Government
The President is both the Head of State and Head of the Federal Government in Mexico and so is a fairly powerful figure with many powers, duties and responsibilities.
Presidential Vacancy and Temporary Absence/Leave
If the Presidency becomes vacant the Minister of Interior becomes the provisional President while the Federal Congress appoints an interim or alternate President. The appointed Interim President cannot remain in office for more than 60-days. If the elected President does not take office, then the President of the Senate becomes provisional President instead while Federal Congress appoints an Interim President.
If the vacancy happens within the first 2-years of the 6-year presidential term then Congress will constitute itself into an Electoral College which via secret ballot and vote of an absolute majority will appoint an Interim President and will then call a Presidential Election within 10-days, between the call for elections and the Election Day there shall be no less than 7-months and no more than 9-months.
If the vacancy instead happens in the last 4-years of the 6-year presidential term, the Congress will instead appoint an Alternate President who will serve out the remainder of the presidential term.
When the President is granted leave (separating from the office for longer than 7-days and up to 60 natural days), then Congress will authorize the Minister of the Interior to become provisional President until the President returns.
Presidential Duties and Powers and the Federal Executive Branch (Federal Government)
Appoints to various offices and bodies which often include evaluation checks and consent of federal congress.
On the first year of the President’s term in office, the President presents before the Senate the National Strategy for Public Safety for its approval and then provides an annual report on its status.
The President enacts and executes laws passed by the Federal Congress and providing in the administrative field its compliance.
The President provides an annual written report on the state of public administration to Congress. This report is analyzed by both chambers of Congress and can get the President to expand on the information through written questions. The chambers of Congress can also summon the Secretaries of State and the chairmen of decentralized entities and get them to speak under oath.
The President appoints the judges of the Superior Courts which is ratified by two-thirds vote of the Senate (upper chamber) or Permanent Committee if the Senate is in recess. The judges hold 15-years terms and cannot be reappointed.
The President appoints the judges of the Regional Courts which is ratified by a majority vote of the Senate or Permanent Committee if the Senate is in recess. The judges hold 10-year terms and may be considered for reappointment.
The President submits a list of candidates to become Justices of the Supreme Court of Justice to the Senate.
The President appoints, with approval from the Senate, the ambassadors, general consuls, executive employees of the Treasury, and the members of the collegiate bodies in charge of regulation in the matters of telecommunication, power and economic competence.
The President appoints, with approval from the Senate, Colonels and other chiefs of the National Army, Navy and Air Force.
The President appoints, in accordance with the law, the rest of the offices of the Army, Navy and Air Force.
It is the job of the President to protect national security, in accordance with applicable law – The President can make use of the permanent armed forces for homeland security and defense of the federation against foreign threats.
The President can make use of the National Guard, following provisions laid down by the Constitution, to assure domestic security and to protect the Nation from other nations.
Can declare war after having received approval to do so from Congress.
The President mediates in the appointment and removal of the Federal Attorney General.
The President can call Congress to an extraordinary period of sessions at the agreement of the Permanent Committee.
The President provides the Judicial Branch with all the assistance necessary for the prompt performance of its duties.
The President equips all kinds of port as well as setting up maritime and border customs, indicating the place to install them.
In accordance with the law, the President has the power to pardon convicts sentenced because of federal crimes and to convicts sentenced to common crimes committed in the Federal District.
The President can grant limited-time exclusive privileges to discoverers, inventors or improvers in any branch of industry, according to applicable law.
The President can at any time opt for a coalition Government with one or several political parties represented in Congress. A covenant and program regulates the governing coalition, these programs and covenants must be approved by a majority of the Senate.
Under terms described by the Constitution and the Law, the appointments of the Commissioners of the National Transparency Agency issued by the Senate can be rejected by the President.
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The power of the Executive Branch of the Federal Government is vested only in the President of the Republic, you can find out how they are elected in the Electoral System section at the end of this post. The President leads the country whether their party is majority or minority in Congress, of course having a majority or coalition Government would be more favourable to the President both legislatively and in performance of certain functions that require the approval of one or both branches of Congress.
Federal Public Administration is centralized and semipublic. This is done according to an organic law issued by the Federal Congress, which allocates the federal administrative affairs among the Secretariats and sets the general basis to create semipublic entities and how the Federal Executive participates in their operation. Law regulates the relations between semipublic entities and the President of the Republic or between them and the Secretariats.
The Federal Executive represents the Federation in any matter that it is a party through the office that holds the responsibility of Legal Counselor of the Government or through Secretariats in terms established by law.
The President freely appoints and removes the State Secretaries (who form the President’s Cabinet) and who lead departments/areas of Government on particular matters, removes ambassadors, general consuls and directive employees of the Treasury, and freely appoints and removes the rest of the employees of the Union, whose appointment or removal is not otherwise set in the Constitution or Laws.
Those appointed as Secretaries of State must be Mexican-born citizens, with legal capacity to exercise their rights, and must be at least 30-years-old.
Secretaries of State and high-ranking employees of the Treasury and Foreign Affairs begin their functions on the day of their appointment, but if they are not ratified in terms set down by the Constitution, they will cease their functions. On the ratification of Foreign Affairs Minister and Treasury Minister, when there is not a coalition Government, and the respective Chamber of Congress does not ratify in two occasions the appointment of the nominated Minister then the person selected by the Federal Executive shall occupy the office.
With the relevant authorization from the Federal Senate, the President leads foreign policy; makes and executes international treaties; ends, condemns, suspends, modifies, amends, withdraws reservations and makes interpretive declarations relating to such treaties and conventions. In these purposes the President observes the principles of right to self-determination; non-intervention; peaceful solution of controversies; outlawing the use of force or threat in international relations; equal rights of States; international cooperation for development; the respect, protection and promotion of human rights; and the struggle for international peace and security.
All regulations, decrees, covenants, and orders issued by the President of the Republic must also be signed by the relevant Secretary of State who is in charge of the particular matter at-hand, otherwise such things will have no compulsory effect.
Secretaries of State must answer to Congress on the state of their respective affairs as soon as the ordinary period of sessions of the Congress is open. Any Branch of Congress can call Secretaries of State, the directors and managers of semipublic entities and heads of autonomous agencies in order to provide more information, under oath, whenever the Congress is studying or discussing a law or affair related to their activities or areas of responsibility, or to answer any inquiry that Congress have in regard to the matter.
At least a quarter of the members of the House of Deputies, and at least half of the members of the Senate, have the power to form committees to investigate the functioning of decentralized and semipublic entities. The results of these investigations are submitted to the President of the Republic.
Either branch of Congress can also require via a written inquiry information or documents to the heads of the Federal agencies, who must answer the inquiry within 15-days after receiving such a request.
Emergency Provisions
The President has the power to suspend certain rights and guarantees across the Nation or in a certain area in the event of invasion, serious breach of the peace or any event that may place society in severe danger or conflict, which includes decree powers to the President. For this the President must obtain the approval of the Federal Congress, or if it is not in session, the Permanent Committee.
After the end of the emergency provisions, either due to Congress ordering them to end or because the agreed-upon deadline had been reached, all the legal and administrative measures taken will be void immediately. The Supreme Court of Justice of the Nation will then review the constitutionality and validity of decrees enacted by the President during the emergency provisions.
Presidential and Others Impeachment and Removal
The President may only be impeached in office for treason or serious common crimes.
Others who can be impeached include members of the Senate; members of the House of Deputies; Justices of the Supreme Court of Justice; Councilors of the Federal Judicial Council; Secretaries of State; members of the Federal District’s Assembly of Representatives; the Head of the Federal District Government; the Attorney General of the Nation; the Attorney General of the Federal District; circuit magistrates; district judges; magistrates and judges of ordinary courts in the Federal District; Councilors of the Federal District’s Judicial Council; President of the Electoral Council; Electoral Councilors; Executive Secretary of the National Electoral Institute; magistrates of the Electoral Court; members of constitutional autonomous organs; general managers of decentralized agencies, semipublic companies, associations assimilated by semipublic companies, and public trusts.
When it comes to Governors, local representatives, magistrates of local superior courts, members of local judicial councils, and members of local agencies that the local constitutions and the Federal District Charter grants autonomy; they can only be impeached on the federal level for the reasons of a serious infringement of the Federal Constitution and the Federal laws derived from it or for mishandling federal funds and resources. But the ruling when it comes to this is only declarative and will be notified to the relevant State legislature in order to implement the pertinent proceeding.
Penalties for public servants that are laid down by the Constitution are dismissal from office and disqualification to perform any public function, job, position or assignment in the public service.
The procedure for an impeachment includes begins in the House of Deputies where they substantiate the case, hear the accuse, and then decide on impeachment via an absolute majority vote. The impeachment if successful will then be passed to the Senate.
The Senate carries out the necessary proceedings and also hears the accused. The Senate then becomes a jury and imposes the appropriate penalty via a two-thirds majority vote.
Indictment for Perpetration of Crimes
Members of the Senate, members of the Chamber of Deputies, Justices of the Supreme Court of Justice, magistrates of the Electoral Court, Councilors of the Federal Judicial Council, Secretaries of State, members of the Federal District’s Assembly of Representatives, Head of the Federal District Government, Attorney General of the Nation, Attorney General of the Federal District, the President of the Electoral Council and Councilors of the General Council of the National Electoral Institute may be indicted for perpetration of crimes during their terms.
The House of Deputies, via an absolute majority, declares whether there are grounds to proceed against the accused. If they come back with a negative declaration then any further procedure is suspended. But such a suspension does not definitively resolve the indictment. Once the accused finish their term in office, a criminal trial will begin if charges remain.
If, on the other hand, the House of Deputies do declare the indictment, then the individual is turned over to the respective authorities, proceeding in accordance with the law.
The President of the Republic may only be charged before the Senate and only due to reasons of treason or serious common crimes. The Senate resolves the case observing the applicable criminal law.
Again, when it comes to localised officials and representatives such an indictment ruling is only declarative and is notified to the relevant State legislature in order to implement the pertinent proceedings.
If a resolution declares the indictment, the public servant is removed from office while they are put on trial. If they end up being acquitted then they can resume their duties. If the eventual verdict is guilty, a pardon may not be granted to the accused, provided the crime was perpetrated during their term.
Other Bodies and Offices
There is a Federal Economic Competition Commission.
The agency also has an Internal Comptroller appointed by the federal House of Representatives via a two-thirds majority vote. The body has nine Commissioners appointed by the Federal Executive (federal government) with the consent of the federal Senate, the Presiding Commissioner is chosen by the Senate via a two-thirds majority. Commissioners’ serve a term of 9-years and cannot be reappointed. The Commissioners appointed must also pass the Evaluation Committee to ensure they meet requirements.
Its commissioners can be removed from their post by the federal Senate via agreeing to do so via a two-thirds majority vote for reasons of gross fault in discharge of their functions and with law.
This Commission…
- Guarantees free competition and maximised turnout to the marketplace.
- Prevents, investigates, and polices monopolies, monopolistic practices, economic concentrations, and other restrictions to efficient operation of markets.
There is a Federal Telecommunications Institute. It has the same number of Commissioners as the Federal Economic Competition Commission who are appointed in the same way. The body also has an Internal Comptroller appointed in the same way.
This body is…
- Tasked with the efficient development of broadcasting and telecommunications.
- Regulates, promotes, oversees use, enjoyment and exploitation of the radio electric spectrum, the networks, and the performance of broadcasting and telecommunication services.
- Ensures access to passive and active infrastructure and other essential materials to guarantee principles given by the Constitution.
There is a National Electoral Institute. The body includes a General Council as a directive and executive body, which includes a President of the Electoral Council and ten Electoral Councilors who all are able to vote on matters as well as participate in debate. The General Council also includes congressional Councilors, representatives of political parties, and an Executive Secretary none of whom can vote but can debate.
The President and Electoral Councilors are elected for 9-years terms and cannot be reappointed. They are elected by the federal House of Representatives using two-third majority votes. The procedure follows involves organising a Committee to evaluate lists of candidates and choose who they consider are the best options. This Committee has seven members with professional recognition, three nominated by the executive political organ of the House of Representatives, two by the National Commission for Human Rights, and other two by the National Transparency Agency.
The executive organ of the House of Representatives then promotes agreements for the election of the members, and then this organ must hold an election to select a candidate in the terms best described by law and then send the proposal to the floor of the House of Representatives for consideration. If this process fails then the Supreme Court of Justice makes the election by drawing lots.
The Executive Secretary is nominated by the President of the Electoral Council and appointed by a vote of two-thirds of the General Council. Congressional Councilors are appointed by parliamentary groups with party affiliation in any of the two chambers of Federal Congress, at a ratio of one per each parliamentary group.
The body also includes an Internal Comptroller proposed by the public institutions of superior education and elected via a two-thirds vote by the federal House of Representatives. Serves a 6-year term and can be re-elected one further time.
This body…
- Handles electoral organisation and has electoral jurisdiction.
- Handles electoral training on federal and local levels.
- Handles electoral geography as well as the design and delimitation of the electoral districts and the division of territory into electoral sections on the federal and local levels.
- Handles the electoral registration list on the federal and local levels.
- Handles the location of electoral polls and designation of the functionaries at the directive board for each polling station on the federal and local levels.
- Handles the criteria, guidelines, formats, and rules for the preliminary results program, the opinion or results surveys, electoral observation, rapid counts, document printing and production of any electoral materials on the federal and local levels.
- Handles the accountability for income and expenses of the political parties and candidates on the federal and local levels.
- Handles the rights and prerogatives that the candidates and political parties have access to, on the federal level.
- Handles preparation for election day at the federal level.
- Handles the count and scrutiny of the of the votes according to terms established by law, on the federal level.
- Declares the validity of election and issues the electoral certification for elected deputies and senators on the federal level.
- Handles the count of the votes for the President of the Republic in every uninominal electoral districts.
- Anything else established by law.
There is a General Board of Health.
This body reports directly to the President, without intervention of any Ministry.
This body’s orders and provisions are compulsory for the whole country.
There is a Federal Auditing Office
The Federal Auditing Office belongs to the House of Deputies, but it has autonomy regarding technical and managerial matters, and regarding its internal organisation, functioning and decisions. Its principles are legality, definitiveness, impartiality, and reliability. The Head of the Federal Auditing Office is appointed by the House of Deputies via a two-thirds majority, they serve an 8-year term and may be reappointed only one further time. The Head of the Federal Auditing Office may only be removed for serious misdemeanor as described by law, which would be via a two-thirds majority vote in the House of Deputies.
- Performs audits of public accounts and presents the information to the House of Deputies for scrutiny and other actions.
- Audits revenues, expenditures, debts; loans granted by the federal government to local and municipal governments; management, safekeeping and use of funds and resources belonging to the Powers of the Union and the federal agencies; also audits fulfillment of objectives in federal programs.
- Directly supervises the management or use of federal resources made by the States, Municipalities, the Federal District and the political-administrative organs within their territories, except by federal contributions.
- Supervises use of federal resources granted to any public or private entity or individual, those transferred to trusts, mandates, funds, or any other legal instrument.
There is a Federal Judicial Council. It is composed of seven members, the President of the Supreme Court of Justice by default who chairs it; three councilors appointed by the Supreme Court of Justice, by at least 8 votes, and who must be circuit magistrates or district judges; two councilors appointed by the Senate and finally one further councilor appointed by the President of the Republic. Members, excluding the President of the Supreme Court of Justice, hold 5-year terms and cannot be reappointed.
This body…
- Deals with matters of administration, supervision and discipline of Mexican Federal Judges, excluding the Supreme Court of Justice of the Nation.
- Defines the number, district division, territorial competence and subject matter specialization – which includes broadcasting, telecommunications and economic competition – of collegiate and unitary circuit courts, and as well as of the district courts.
- Has the power to issue general covenants in order to create circuit courts, according to the number and specialization of the collegiate courts that belong to each circuit.
- Appoints District and circuit judges, based on objective criteria and observance of requirements and procedures established by law. These judges serve 6-year terms, after which they may be ratified or promoted.
- Dismisses District and circuit judges only in cases described by law and following established procedure.
- There is a special committee of this body that deals with the administration, supervision and discipline of the Electoral Court, composed of the President of the Electoral Court who chairs the committee; a magistrate from the Superior Electoral Court, elected by secret vote; and three members of the Federal Judicial Council.
There are Federal Courts.
Resolve disputes concerning…
- Laws or acts issued by the authority, or omissions committed by the authority, which infringes the fundamental rights recognised and protected by the federal Constitution and international treaties signed by Mexico.
- Laws or acts issued by the Federal Government and which break or restrict the sovereignty of the Mexican States or Federal District.
- Laws and acts issued by State authorities or the Federal District Government, which invade the federal authority’s jurisdiction.
There is a Supreme Court of Justice of the Nation. It includes 11 Justices that when a vacancy arises a list of candidates to replace the vacancy is submitted by the President to the Senate to make a decision. Justices hold a 15-year term, and cannot hold a second term unless they have held the office as provisional or interim ministers.
On appointments the President submits a list of three candidates to the Senate, then they, within a 30-day period, chooses one of those candidates via a two-thirds majority vote. If the Senate fails to make any decision within 30-days then the President can directly appoint one of the candidates and thus bypass the Senate.
The Senate can choose to reject the list in its entirety, in this case the President submits a new list with three candidates. If the list is once again entirely rejected by the Senate, the President can bypass the Senate and directly appoint one of those candidates as a Justice.
Those appointed as Justices must be Mexican-born citizens, with legal capacity to exercise their political and civil rights; be at least 35-years-old; hold a law degree for at least 10-years, issued by an institution legally empowered to do so; have good reputation and not to have been convicted of a crime that gave a prison sentence of more than 1-year, although if the crime was robbery, fraud, forgery, breach of confidence or any other that would seriously damage good reputation, then they are totally disqualified; have lived in Mexico for at least 2-years prior to the appointment; and not to have been a Secretary of State, Attorney General, Senator, Federal Representative, Governor or Head of the Federal District for a whole year prior to their appointment.
It is preferred that those chosen be those who have served with efficiency, ability and integrity in the dispensation of justice, or who have distinguished themselves by their honour, ability and career in the legal field.
The Supreme Court of Justice of the Nation appoints its President from among the existing members for a 4-year term, the same person cannot serve a consecutive term but may be reappointed after 4-years.
This court is…
- The highest legal court of the Federation.
- In plenary meeting, it has the power to issue general covenants in order to achieve an adequate distribution of issues among its courtrooms and to submit to the specialized circuit courts those cases where they shall have established precedents and those affairs selected by the Supreme Court in order to deal with the cases promptly.
- Can request the Federal Judicial Council to investigate the behaviour of a federal judge or magistrate.
- This court resolves constitutional disputes, excluding those that refer to electoral matters, between the Federal Government and another party, between two States or a State and the Federal District, between the Federal District and a municipal council, or between two municipal councils from separate States, between two powers belonging to the same State, between a State and one of its municipal councils, and so on.
- Deals with unconstitutionality lawsuits directed to raise a contradiction between a general regulation and the Federal Constitution.
There is an Electoral Court which includes the Superior Electoral Court and regional electoral courts. The Superior Electoral Court is made up of 7 Electoral Magistrates. The Electoral Magistrates elect the President of the Electoral Court from among themselves for a 4-year term.
Magistrates that compose the superior and regional courts of the Electoral Court are chosen by the Supreme Court of Justice and elected by two-thirds majority vote of the Senate. They serve 9-year terms.
This/these court/s are…
- The highest authority on electoral matters
- Resolves appeals of elections regarding federal representatives and senators (Superior Electoral Courts), or more localized representatives and senators (regional electoral courts).
- The Superior Electoral Court resolves contested Presidential Elections. Both the Superior and regional Electoral Courts can only annul an election due to causes expressly indicated by law.
- Resolves contested acts and resolutions issued by the federal electoral authority.
- Resolves contested final acts and resolutions issued by the state electoral authorities related to organisation and assessment of elections; and also, controversies that arise during the electoral process that could affect the process or results.
- Resolves contested acts and resolutions that infringe political-electoral rights of citizens.
- Deals with labor conflicts between the Electoral Court and its employees.
- Deals with labor conflicts or differences between the National Electoral Institute and its employees.
- Deals with definition and imposition of sanctions by the National Electoral Institute on political parties, political associations, private or legal entities, either national or foreign, who have infringed provisions of the Constitution and laws.
- Deals with the matters submitted to it by the National Electoral Institute on consideration of certain violations; and to regulation about political and electoral propaganda and for performing anticipated pre-campaign and campaign acts.
There is an autonomous public organ with legal personality and endowed with its own patrimony which is the Office of the Attorney General, which organises the Public Prosecution Service. The Attorney General serves a 9-year-term.
When the Office of the Attorney General is absent definitively, the Senate will have 20 business days to draft a list of at least 10 candidates for Attorney General, the list will then need to be approved by two-thirds of the senators before it is sent to the Federal Executive (Government).
If the Senate fails to act within the time limit, then the Federal Executive will freely send a list of three candidates to the Senate and will provisionally appoint one of them as Attorney General who will serve in that function until the Senate makes a definitive appointment.
If the Federal Executive does receive the list of 10 candidates it will narrow that list down to three candidates, and will send that list to the Senate for consideration within 10-days.
Based on the list of three, and the appearance of those nominated, the Senate appoints, within 10-days, one of them as Attorney General via a two-thirds majority vote.
On the other hand, if the Federal Executive fails to narrow the list of 10 down to 3 and send such back to the Senate within the time limit, the Senate will go ahead and appoint one of the 10 as Attorney General via a two-thirds majority vote within 10-days.
And if the Senate does not comply with time limits the Federal Executive itself appoints directly from the list of 10 or 3 whatever the case is.
The person appointed as Attorney General must be Mexican by birth; be at least 30-years-old; have a professional degree of bachelor in law for at least 10-years; enjoy a good reputation; and to not have been convicted of a serious crime.
The Attorney General may only be removed by the Federal Executive for serious causes established by law. The Senate can object to a removal within 10-days via a majority vote, via which the Attorney General would be reinstated. An extraordinary session will be called to resolve objections to appointments and removals.
- The Public Prosecution Service has the power to prosecute in court all federal crimes and request precautionary measures or arrest warrant against the accused.
- Also has the duty to procure and submit evidence to prove the defendant’s liability in the acts that the law specifies as crimes.
- Also procures that federal crime trials are carried out with regularity so that justice may be provided in a prompt and expeditious manner, and request imposition of penalties and will intervene in all matters determined by law.
- The Office of the Attorney General is organised by, at least, the specialised agency for the prosecution of electoral crimes and the anti-corruption specialised prosecution agency.
- The Attorney General has the power to appoint or remove the head prosecutors of the mentioned agencies, although the Senate has the power to object to such actions via a two-thirds majority vote.
- The Attorney General presents reports before the Legislative and Executive branches of activities performed by the Office they are leading. The Attorney General must appear before either branch of Congress if summoned by one or the other to account for their performance or inform about their administration.
There is a National Human Rights Commission created by the Federal Congress. It has managerial autonomy, legal personality, and is endowed with its own patrimony. The Federal District Charter and state constitutions must establish and guarantee the autonomy of the agencies that protect human rights (state legislatures must create their own agencies for the protection of human rights).
The National Human Rights Commission has a Board of Advisors made up of 10 councilors. These councilors are elected by two-thirds majority votes either by the Senate, or if the Senate is in recess, by the Permanent Committee. Each year the most senior councilors are replaced, unless they have been proposed and ratified for a second term. The President of the National Human Rights Commission is also the President of the Board of Advisors and are elected in the same way as the councilors but instead serves a 5-year term and may only hold one more term after that. The election of this President and the members of the Board of Advisors are also subject to a public consultation procedure, which meets requirements established by law.
This body (and the state human rights agencies)…
- Protects human rights which are recognised by the Mexican legal system.
- Receives all the complaints against administrative actions or omissions committed against human rights by any public office or employee, except for officials working for the federal judicial branch.
- They issue public recommendations, which are not compulsory.
- They file accusations and complaints with the appropriate authorities.
- All public servants are obliged to answer recommendations that are issued. Refusal by authorities or public servants that do not accept or enforce recommendations must substantiate such a refusal and make their refusal public. The Senate, Permanent Committee, and state legislatures, as appropriate, may call, at the request of these agencies, the authorities or public servants responsible to appear and explain reasons for refusal.
- The President of the National Human Rights Commission submits an annual report to the three branches of the Union, appearing before both chambers of Congress for this purpose.
- The National Human Rights Commission also hears complaints against the resolutions, covenants, and omissions made by state human rights commissions.
- The National Human Rights Commission can investigate serious violations of human rights when it considers so or at the request of the President of the Republic, the Senate, the House of Deputies, a Governor, the Head of the Federal District, or a state legislature.
There is a National Transparency Agency. It is an autonomous, specialised, impartial and collegiate agency. It must have legal personality, own assets, and have technical, managerial, and decision power over its budget and internal organisation.
The agency is constituted by seven commissioners. In their appointment the Senate, with previous extensive consultation to social actors and by proposal of the different parliamentary groups, appoint them via two-thirds majority vote.
The President of the Republic can choose to oppose an appointment here, where then the Senate would come up with a new proposal for the appointment which now would require a three-fifths majority to accept. If this is again rejected by the President of the Republic the Senate goes through the process again and this time definitively appoints a commissioner to the position via a three-fifths majority vote which this time the President of the Republic would not have the power to block.
The Commissioner President is chosen by vote among the Commissioners themselves, this President holds a 3-year term and may be re-elected. This President is in charge of rendering an annual report to the Senate.
Composition of this agency must promote gender equality. Commissioners serve 7-year terms.
The National Transparency Agency also has an Advisory Board made up of 10 Councilors. They are elected by the Senate via two-thirds majority vote. Each year, two of the Councilors with a longer tenure will be replaced, unless they have already been proposed and ratified for a second term.
This body…
- Is responsible for guaranteeing the fulfillment of the right to access public information and the protection of personal data held by agencies
- Receives and handles inquiries related to right to access to public information and protection of personal data from any authority, entity, organism, or agency that belongs to the Executive, Legislative or Judicial Powers, as well as autonomous agencies, political parties public trusts and public funds, or any other person, group, union, or organisation that receives or uses public resources or that exercise authority at the federal domain – excluding issues corresponding to the Federal Supreme Court.
- Also receives and handles inquiries from individuals in regard to resolutions issued by local autonomous specialised transparency agencies and the Federal District transparency agency that ruled the inexistence, reserve, and confidentiality of information or that refuses to disclose information according to terms established by law.
There is a National Anticorruption System.
It includes a Coordinating Committee formed with the Directors of the Federal Auditing Office, the Specialised Anticorruption Prosecution Office, the Federal Ministry responsible for internal control, the President of the Administrative Justice Court, the President of the National Transparency Agency, one representative of the Federal Judicial Council, and one representative of the Citizen Participation Committee.
The Citizen Participation Committee of the National Anticorruption System is formed by five citizens that have distinguished themselves for their contributions to transparency, accountability and the anticorruption movement. They are nominated according to law.
This body…
- Is the coordinating entity between the authorities of every government-level responsible for prevention, detection and punishment of administrative responsibilities in corruption acts, as well as the surveillance and control of public resources.
Further… the Coordination Committee of this system…
- Establishes a mechanism of coordination with the local systems.
- Is responsible for the design and advancement of comprehensive policies in regard to accountability and control of public resources, policies about prevention, control and deterrence of administrative offences and acts of corruption with a special focus on the causes of these acts.
- The establishment of mechanisms for the generation, systematization, sharing and update of the information in regard to these topics that the institutions generate.
- The establishment of the basis and principles for the effective coordination between authorities of different government levels in regard to accountability policies and control of public resources.
- Creation of an annual report that details results and progress in the exercise of their functions and the implementation of anticorruption policies and programs.
- The report may lead to the Anticorruption System to issue nonbinding recommendations to the corresponding authority in order for them to implement the measures and procedures to strengthen the institution and prevent administration offences and corruption acts. Authorities who receive these recommendations must keep the Coordination Committee informed on implementation.
- The States and Federal District establish their own local Anticorruption Systems to coordinate corresponding local authorities about prevention, detection, and punishment of administrative responsbilities and corruption acts.
The Legislative Government
Images: Top: Meeting place of the House of Deputies, image in Public Domain. Bottom: Meeting place of the Senate, photo by AlejandroLinaresGarcia from Wikimedia Commons. CC BY-SA 3.0. Source.
The Federal Congress, or Congress of the Union, is a bicameral legislature which includes the House of Deputies as the lower chamber and the Senate as the upper chamber. The main purpose of the Congress is to debate, possibly amend, and pass legislation and perform oversight of the Executive. It can also grant amnesty for federal crimes. Also can grant leave to the President and chooses person to substitute him for that time via organising into an Electoral College.
Legislative Procedure
Legislation can be introduced either by the President of the Republic; members of the respective chamber of Congress; by State Legislatures; or by citizens in an equivalent number of at least 0.13% of the voters registration list and in accordance with terms set by law.
Legislation travels through both Chambers beginning in the originating Chamber and moving to the next Chamber of Congress which is then known as the reviewing chamber. When legislation successfully passes both chambers of Congress it goes on to the President of the Republic to be signed into law within 30-days, if the President takes no action within this time the legislation is automatically considered approved.
If a bill passed by the originating chamber is rejected by the reviewing chamber, then the bill goes back to the originating chamber along with the appropriate objections. The bill is discussed again and must this time be passed via an absolute majority where it will then go again to the reviewing chamber, if they reject the bill again then it cannot be reintroduced within the same period of sessions.
If the reviewing house decides to amend a bill passed by the originating chamber, then that bill goes back for reconsideration of the originating chamber, if these changes are agreed to via an absolute majority, then the bill goes to the President for approval. If an amended bill is rejected then it returns to the reviewing chamber who will study the reasons from the originating chamber. If additions or reforms of the bill are rejected again then only the agreed upon parts go to the President for approval. But, an absolute majority at the reviewing chamber can insist on enacting additions and reforms, which would postpone the entire bill until a new period of sessions, unless an absolute majority of members of both chambers agrees on enacting only the approved articles of the bill and submitting any reforms/additions to the next period of sessions.
The President can return a passed bill to the originating chamber if they believe corrections should be made, the bill must again go through both chambers and to override the President’s veto requires two-thirds majority in both chambers, upon passing the bill again the bill is considered enacted and the President must publish it.
Creating/Admitting New States
Congress has the power to admit new States into the union. They can also create new States within the limits of existing ones but for this a number of requirements must be met…
There must be at least 120,000 inhabitants within the proposed State; the proposed State must substantiate before Congress that it has enough elements to ensure its political existence; legislatures of the States involved submit reports within 6-months on usefulness or inappropriateness of new State; The President of the Republic submits a similar report within 7-days; the proposal of the new State requires a two-thirds majority vote from Congress; then the ruling pronounced by Congress must be ratified by a majority of State Legislatures, but only if the Legislatures of the affected States themselves have ratified it; if the affected State legislatures have rejected the ruling of Congress, then two-thirds of State Legislatures are instead required to meet ratification of the new State.
Meeting Quorum and Attendance
Both chambers require having at least 50% of their members present to form a quorum and conduct business, if this is not the case those who are present should compel those absent to return within 30-days, if they fail to do so then they are considered to have left their office and are then replaced by their substitute, if the substitute also fails to show up within 30-days then the seat becomes vacant and a special election fills it.
Also, representatives absent for at least 10-days without permit of that chamber’s Speaker cannot take their seat back until the opening of the following period of sessions, until that time the substitute fills the seat.
Representatives can face legal penalties for not justifying reasons for absence from their duties, political parties themselves can also face legal penalties for abetting such behaviour. They may also not be liable to collect wages for days absent if not justified or with permit.
Neither chamber of Congress may adjourn for longer than 3-days without the other chamber’s explicit consent.
Congress, or just one of its chambers, when dealing with issues under exclusive jurisdiction to that chamber, can assemble in an extraordinary period of sessions at the request of the Permanent Committee. In this case, Congress only resolves the issue or issues submitted by the Permanent Committee.
Referendums
Referendums on important national topics are called by Congress having been requested by either the President of the Republic; at least 33% of the members of any of the chambers of the Congress of the Union; or by the citizens, in an equivalent number, at least, to 2% of those subscribed in the voting registration list, under terms set by law. Referendums become binding to the federal executive and legislative powers if at least 40% of citizens who are registered to vote have participated.
Declaring War
Congress has the power to declare war based on information submitted by the President of the Republic.
House of Deputies – Lower Chamber
The House of Deputies is constitutionally-fixed to having 500 elected members. The House of Deputies has a number of exclusive powers.
Bills to do with debenture loans, taxes or conscription must always be introduced to and discussed first by the House of Deputies.
The House of Deputies issues the Solemn Edict in order to inform the country that the Electoral Court of the Judicial Power has issued a declaration saying that the President of the Republic has been elected.
The House has the power to coordinate and evaluate the performance of the Federal Auditing Office, according to the law and without damage to its own technical and managerial autonomy.
Ratifies the appointment made by the President to the Secretary of the Treasury, unless when a coalition government was formed.
The House approves the annual Nation Budget, which is introduced by the President, and includes assessment, discussion, and if applicable, modification. Approves the taxes and contributions to cover the Budget. The House also has the exclusive power to authorize multiannual expenditures for construction of infrastructure.
The House has the power to approve or object to criminal proceedings against public servants who have committed an offence. The House has the power to become an accusing organ in impeachments against civil servants.
Has the power to review the public accounts that correspond to the previous year and that have been submitted by the Federal Auditing Office, in order to assess its results, check observance of criteria stated in the approved Budget, and verify achievement of the objectives indicated in the several programs.
The House approves the National Development Plan within the time limit established by law. If the House does not act within the time period set down then the plan is considered automatically approved.
This House appoints, by the vote of two-thirds of its present members, the heads of the internal control organs of entities granted with autonomy by the Constitution and that use public resources stated in the Budget.
Senate – Upper Chamber
The Senate is constitutionally-fixed to having 128-members, with each Mexican State and the Federal District (Mexico City) having three senators, and the rest elected on a nationwide basis – you can find out their way of election in The Electoral System section below.
Like the House of Deputies, the Senate also has a number of reserved areas/powers.
Mexican States deal with their respective territorial limits by friendly agreements among each other but such arrangements made will not come into effect without the approval of the Federal Senate. If States are unable to come to friendly agreements over these issues amongst themselves, the conflicting parties involved can appeal to the Supreme Court of Justice who shall settle the dispute/s following procedures prescribed by the Constitution.
The Senate has the power to analyze the foreign policy developed by the President, based on annual reports submitted by the President and the Secretary of Foreign Affairs. The Senate approves the international treaties and conventions subscribed by the President, as well as on the President’s decision to end, condemn, suspend, modify, amend, withdraw reservations and make interpretative declarations related to such treaties and conventions.
The Senate ratifies appointments made by the President of the Secretaries of State in case that a government coalition is formed. This does not include the Secretaries of National Defense and the Navy; the Secretary responsible for internal control of the Federal Executive; the Foreign Affairs Minister; the Ambassadors and General Consuls; the directive employees of the Foreign Affairs Ministry; the members of the collegiate organs in charge of the regulation in regard to telecommunications, energy, economic competitiveness, colonels and other high-ranking members of the Army, Navy and Air Force.
Has the power to authorize the President to allow departure of Mexican troops outside of the country, the passing of foreign troops through the country, and stay of foreign troops for more than 1-month on Mexican waters.
Has the power to authorize the President to dispose the National Guard outside its respective States, and to determine the necessary forces.
When the Constitutional powers of a State disappear, the Senate or its Permanent Committee if the Senate is in recess has the power to appoint a provisional governor via a two-thirds majority vote, who will call elections for the State. The candidates for provisional governor are chosen by the President, who proposes three choices to the Senate/Permanent Committee.
The Senate resolves political disputes that arise between the powers of a State when one of the disputing parties submits the case to the Senate, or in the event that the disputes have generated an armed conflict. The Senate will pronounce a resolution based on the federal Constitution and constitution of the State in question.
Has the power to become ruling jury in impeachments against public servants in the cases of faults or omissions that damage the public interest.
The Senate appoints the Justices of the Supreme Court of Justice from among three candidates that are proposed by the President. Also has power to approve or reject leaves of Justices.
Has the power to appoint and dismiss the Head of the Federal District Government (Mexico City), in cases provided by the Constitution.
The Senate approves the National Public Safety Strategy within the time limit provided for by law, if they fail to approve it within the time limit then it is considered automatically approved.
Appoints the Commissioners of the National Transparency Agency.
The Senate provides a list of candidates to be nominated as Federal Attorney General, appoint one and present an objection if the President asks for the removal of the Federal Attorney General.
The Permanent Committee
The Permanent Committee exists for the purpose of conducting business when the Congress of the Union is in recess. It is composed of 37 members; 19 who are from the House of Deputies and 18 who are from the Senate, who are appointed by their respective chamber the day before the closing of the ordinary period of sessions.
This Permanent Committee can consent to the use of the National Guard under certain circumstances; receive the oath of the President, if applicable; receives bills, and the comments on them by the President, dispatches them to the appropriate commission to be resolved in the next ordinary period of sessions; decide on calling of extraordinary sessions of Congress either by its own means or request by the Executive, decided by two-thirds majority; can grant leave for up to 60 natural days to the President; can raitfy appointments made by the President to ambassadors, general consuls, high-ranking officers of the Treasury, members of the collegiate bodies in charge of regulating energy matters, colonels and other chiefs of the National Army, Navy and Air Force; receives and resolves requests of leave from members of Congress.
The Electoral System
Presidential Elections take place every 6-years. The winner is determined via simple majority popular vote. The person who is elected is limited to a single 6-year term.
To be President one must be a natural born citizen of Mexico, with legal capacity to exercise their rights, born of a Mexican father or mother and must have lived in the country for at least 20-years (does not have to be consecutively). The person must be at least 35-years old. Prior to the election they must have lived in the country continually for at least 1-year. They cannot be a priest or minister of any religion. They cannot be in active duty of the armed forces and must have left such at least 6-months before the election. Cannot also be a Secretary of State or Under-Secretary, Federal Attorney General, Governor or Head of the Federal District Government, unless having resigned this positions 6-months before the election.
Parliamentary Elections for the House of Deputies takes place every 3-years to elect all of its 500 members. 300 of these members are elected from single-seat constituencies using the first-past-the-post system where members are elected via simple majority vote. The other 200 members are elected via proportional representation using a system of regional lists from five regional multimember constituencies, parties that obtain at least 3% of the vote in a multimember constituency are guaranteed to be allocated members in a proportional fashion.
The 300 single-seat constituencies are placed down after dividing the country’s population by the number of districts using the most recent Census. States must have at least two of these constituencies. For political parties to participate in the election of 200 proportional members, they must prove that their party participates with candidates in at least 200 of the single-seat constituency elections. No party can win more than 300 representatives in the House of Deputies, no matter which way they were elected in.
Members of the House of Representatives are limited to four consecutive terms (12-years)
To run as a candidate for the House of Deputies one must be a Mexican-born citizen in full exercise of their rights; be at least 21-years or older; be a native or resident of the State in which they shall be chosen for at least 6-months before the election; or if running for a regional list the candidate must be a native of one of the States that are included within the multimember district they are running for, or be a resident of that district for at least 6-months before the election.
Candidates must also be free of duties in the armed forces, law enforcement agencies, and rural police forces with jurisdiction over the electoral district they are running in where the election is taking place, at least 90-days before the election. They can also not be a part of autonomous organs or hold most other offices unless they have separated from them at least 90-days before the election, unless it is a judicial office (excluding state/federal district judges) or office to do with elections then they must have been separated from these for at least 3-years before the election. State Governors and the Federal District Mayor cannot be elected to represent the States over which they have jurisdiction, even if they have separated themselves from these duties.
Candidates can also not be a priest or minister of any religion.
Parliamentary Elections for the Senate happen every 6-years to elect all of its 128-members. Members are elected in various ways, two members each (64) are elected within each Mexican State and the Federal District via simple majority vote, another member (32) is elected in each Mexican State and the Federal District that is awarded to the party/group who obtained the second highest vote count (largest minority), and then the 32 remaining seats are elected from a nationwide constituency using a system of proportional representation based on the votes obtained by each party on the national level.
Other than candidates needing to be 25-years or older, all other requirements are the same of that which is needed to be elected to the House of Deputies. Senators are limited to serving two consecutive terms (12-years).
All members also have substitutes elected to replace them if their seat becomes vacant, meaning that special/by-elections are less common.
To vote in elections one must be a Mexican citizen who is at least 18-years-old.
Sources
This was a big one.
The source for this blogpost comes from Mexico’s 1917 Constitution with amendments through to 2015 – but even since this time the Constitution has received numerous amendments – pretty much every year – that have not yet been implemented into the latest available draft on constituteproject.org.
From what I could find none of the amendments that have taken place since are relevant to this blogpost, but again I could also easily have missed something and such information on these amendments are either sparse and/or unavailable.
This is why cross-research is important if using this seriously, especially when it comes to such a complex and extensive political and government system as Mexico’s. It is entirely possible I have missed somethings, possibly made mistakes or misinterpreted some things, and again since Mexico’s Constitution seems to be amended on a regular basis there is a high likelihood this post will soon become outdated. Again, I am no expert, I just do this as a hobby.
Amendments to Mexico’s Federal Constitution are introduced to the Federal Congress where two-thirds of all members must pass it, once any such amendments are agreed upon, they then must also be agreed to and adopted by a majority of the State legislatures – with the ultimate result being announced by the Federal Congress, or the Permanent Committee, dependent on the situation.
Next up will be the government system of the Federated States of Micronesia.
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