Karla Daniela Reyes Morales
Dr. Hans Hacker
POSC 2103: Introduction to U.S. Government
16 of July 2022
Constitutionalism
What is known as the constitution gave shape and order to many countries, each one has
its version. This is different in each place thanks to their different needs and beliefs. Since ancient
times societies have had rules or laws that have kept them united and away from conflict if the
rules are followed. Our ancestors managed to survive nature and evolve thanks to these rules.
Therefore, it is worthwhile to analyze how they arose, their singularities and if people are currently
satisfied with them.
Throughout Mexico's history, it has had five constitutions, without counting the Spanish
constitution (Cadiz constitution) that we had to follow during our time as a colony. In the year
1814, the first constitution was promulgated thanks to the letter that José Morelos published a year
before (the "Sentimientos de la Nación"), this sought that the people had sovereignty, the tripartite
division of the supreme powers, the right to be heard during a trial, the abolition of slavery, etc. In
1824 the Federal Constitution of the United Mexican States was published, which decreed that
Mexico would have a republican, representative and popular form of government. It also divided
the powers into three branches (executive, legislative, and judicial), in addition to establishing the
Catholic religion as the official and only religion of the country.
In 1835 the constitution was replaced by the "Proyecto para las bases para la Nueva
Constitución", the following year the new constitution known as "La constitución de Régimen
Centralista" promoted by Santa Anna was published. In 1857 a new Magna Carta was created with
a more liberal ideology, it sought a democratic, representative and popular republic. This also gave
way to the individual guarantees and 120 more articles, among them the freedom of printing and
teaching. In 1917 the constitution that still governs our country was created, the "Constitución
Politica de Los Estados Unidos Mexicanos" (Political Constitution of the United Mexican States).
It sought to fulfill what had been promised to those who participated in the Mexican Revolution,
redeeming the conflicts between social classes, free and compulsory education, better working
conditions, and better agrarian conditions (Castillo, 2022).
On the other hand, the United States has had only two constitutions throughout its history,
the first one was the Articles of Confederation in 1781, and the second was established in 1787.
Ultimately, the biggest difference between the two United States government documents is that
article sovereignty rested with the states, and the Constitution was declared the country's law upon
ratification, greatly increasing the federal government's power. That there are not so many
constitutions in comparison to Mexico is possible because the people who made up the 13 colonies
had already been part of a society (England) with innovative laws and rules. In Mexico, its citizens
have always been fighting among themselves to have more or the same power as some of us.
In the context in which the American constitution was made, it is very different from the
Mexican one, but despite that, our constitutions are very similar. It could be said that Mexico built
its constitution little by little and according to the problems we faced at the time. In the case of the
American one, it tried to perfect the previous constitution, protect the citizen and try to foresee
future problems with laws that were somewhat broad in concept.
Both societies were seeking freedom and protection for their people when they created
their constitutions. Although they sought the same thing, both societies viewed this goal with
different eyes. In the case of the United States, Americans had a more individualistic idea of this
goal. Most Americans think of themselves as the true Americans or the ones who deserve all the
rights and liberties no matter what their vision or the liberties they consider limit other “falseAmericans” rights.
Mexicans were looking for the same thing but they had a different vision of who were “the
Mexicans” and who their enemy was. Since all war conflicts in Mexico, its community develop
the idea of a common enemy and they thought they have to use the power of the people or the
majority to defeat those who were taking advantage of all of us, later we were made to believe that
our enemy was no longer part of the society and therefore no one would take advantage of us.
The Americans develop this sense of individualism and autonomy more than the Mexicans.
They do not want to depend on the U.S. government they just want to have the freedom to do
whatever they want with their life, properties, and even with other people. In the case of the
Mexicans, our history and our government develop in us a sense of unity and family that guide our
society since then. To be part of this union or family you must fit the idea that the Mexicans had
built of a good citizen or person.
What these societies share is their members’ vast ignorance about how their governments
work and what their laws are. In Mexico, 56.1% do not know the constitution, and 84% consider
that the constitution is not complied with. In the case of Americans, almost 40% do not know their
constitution, and 76% think that their rights are not secure. Even the majority of Americans believe
that the constitution does not grant any rights to immigrants. This shows that they consider part of
their society as strangers or not necessary for their society.
References
Castillo, B. (2022, 5 February). ¿Cuántas Constituciones ha tenido México en su historia? Busca
ya la nueva edición 2020–2021. Retrieved the 16 of July 2022, of
https://guiauniversitaria.mx/cuantas-constituciones-ha-tenido-mexico-en-su-historia/
Chris Cillizza, CNN Editor-at-large. (2017, 13 September). Americans know literally nothing
about the Constitution - CNNPolitics. CNN. Retrieved the 16 of July 2022, of
https://edition.cnn.com/2017/09/13/politics/poll-constitution/index.html
Mexicanos afirman conocer poco la constitución: encuesta de la UNAM. (2017, 5 February).
DGCS. Retrieved the 16 of July 2022, of
https://www.dgcs.unam.mx/boletin/bdboletin/2017_083.html
Thoet, A. (2018, 18 September). Majority of Americans believe constitutional rights being
‘diluted,’ poll shows. PBS NewsHour. Retrieved the 16 of July 2022, of
https://www.pbs.org/newshour/nation/majority-of-americans-believe-constitutionalrights-being-diluted-poll-shows
The White House. (2021, 20 January). The Constitution. Retrieved the 16 of July 2022, of
https://www.whitehouse.gov/about-the-white-house/our-government/the-constitution/