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The Constitution of 1917: Articles 27 and 123

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The Mexico Reader
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348The Constitution of 1917: Articles 27 and 123The ascendant Carranza faction, after defeating Pancho Villa in mid-1915, felt confi-dent enough in its hold on power to undertake the writing of a new constitution for Mexico. The Constitutional Convention, which met in the city of Querétaro in late 1916, was dominated by relatively radical representatives who were determined to push social reform much further than their leader wished. The final document, which remains in force today, was most notable for championing a fresh concept of property. As in colonial times, the state was the ultimate owner of all of Mexico’s land, water, and minerals. Private property—sacred and inviolable in liberal conceptions—was made conditional, something that the state could concede to individuals only so long as their activities did not violate the general well-being of Mexico’s citizens. The state was expressly permitted to intervene in private property in the name of “public utility.” This notion, most clearly expressed in Article 27, paved the way for one of the most sweeping agrarian reforms in the history of Latin America (one that remained on the books until the early 1990s), as well as for the expropriation of foreign-owned oil properties in 1938. Article 27 also attacked the right of the Catholic Church to own real property, becoming a factor in the religious civil war of the late 1920s. Article 123, meanwhile, was one of the most progressive labor codes in the world at the time of its promulgation. Of course, many provisions of the 1917 Constitution were honored only in the breach, but the document’s impact on the course of twentieth-century Mexican history is beyond dispute.Title One, Chapter I: On Individual Rights, Article 27The ownership of the land and water contained within the limits of the na-tional territory corresponds originally to the Nation, which has reserved and reserves the right to transmit the dominion of them to private citizens, con-stituting private property.This [property] shall not be expropriated except for the sake of public util-ity, and the original owners shall be entitled to compensation.The Nation shall at all times have the right to impose limitations on pri-vate property as dictated by the public interest, as well as to regulate the use of natural resources susceptible to appropriation, in order to equitably distribute public wealth and ensure its conservation. For this purpose, neces-
© 2022 Duke University Press, Durham, USA

348The Constitution of 1917: Articles 27 and 123The ascendant Carranza faction, after defeating Pancho Villa in mid-1915, felt confi-dent enough in its hold on power to undertake the writing of a new constitution for Mexico. The Constitutional Convention, which met in the city of Querétaro in late 1916, was dominated by relatively radical representatives who were determined to push social reform much further than their leader wished. The final document, which remains in force today, was most notable for championing a fresh concept of property. As in colonial times, the state was the ultimate owner of all of Mexico’s land, water, and minerals. Private property—sacred and inviolable in liberal conceptions—was made conditional, something that the state could concede to individuals only so long as their activities did not violate the general well-being of Mexico’s citizens. The state was expressly permitted to intervene in private property in the name of “public utility.” This notion, most clearly expressed in Article 27, paved the way for one of the most sweeping agrarian reforms in the history of Latin America (one that remained on the books until the early 1990s), as well as for the expropriation of foreign-owned oil properties in 1938. Article 27 also attacked the right of the Catholic Church to own real property, becoming a factor in the religious civil war of the late 1920s. Article 123, meanwhile, was one of the most progressive labor codes in the world at the time of its promulgation. Of course, many provisions of the 1917 Constitution were honored only in the breach, but the document’s impact on the course of twentieth-century Mexican history is beyond dispute.Title One, Chapter I: On Individual Rights, Article 27The ownership of the land and water contained within the limits of the na-tional territory corresponds originally to the Nation, which has reserved and reserves the right to transmit the dominion of them to private citizens, con-stituting private property.This [property] shall not be expropriated except for the sake of public util-ity, and the original owners shall be entitled to compensation.The Nation shall at all times have the right to impose limitations on pri-vate property as dictated by the public interest, as well as to regulate the use of natural resources susceptible to appropriation, in order to equitably distribute public wealth and ensure its conservation. For this purpose, neces-
© 2022 Duke University Press, Durham, USA

Chapters in this book

  1. Frontmatter i
  2. Praise for the First Edition of The Mexico Reader iii
  3. Contents xi
  4. Acknowledgments xv
  5. A Note on Style xvii
  6. Map of Mexico xviii
  7. Introduction 1
  8. I The Search for “Lo Mexicano”
  9. Introduction 11
  10. The Mexican Character 13
  11. The Cosmic Race 17
  12. The Sons of La Malinche 22
  13. The Problem of National Culture 30
  14. How to Tame a Wild Tongue 34
  15. Mexico City 1992 45
  16. Two Ranchera Songs 56
  17. II Ancient Civilizations
  18. Introduction 59
  19. The Origins of the Aztecs 61
  20. The Feast of the Flaying of Men 64
  21. The Totocalli (Motecuhzoma’s “Zoo”) 69
  22. The Meaning of Maize for the Maya 81
  23. Omens Foretelling the Conquest 86
  24. III Conquest and Colony
  25. Introduction 89
  26. The Spaniards’ Entry into Tenochtitlán 91
  27. Cortés and Montezuma 99
  28. The Battles of Tenochtitlán and Tlatelolco 103
  29. The Spiritual Conquest 108
  30. Why the Indians Are Dying 116
  31. A Baroque Archbishop-Viceroy 125
  32. On Men’s Hypocrisy 137
  33. Whites, Negroes, and Castes 141
  34. The Itching Parrot, the Priest, and the Subdelegate 144
  35. IV Trials of the Young Republic
  36. Introduction 153
  37. The Siege of Guanajuato 155
  38. Sentiments of the Nation, or Points Outlined by Morelos for the Constitution 166
  39. Plan of Iguala 169
  40. Women and War in Mexico 173
  41. The Glorious Revolution of 1844 182
  42. Décimas Dedicated to Santa Anna’s Leg 189
  43. A Conservative Profession of Faith 192
  44. Considerations relating to the Political and Social Situation of the Mexican Republic in the Year 1847 197
  45. Liberals and the Land 209
  46. Standard Plots and Rural Resistance 216
  47. Offer of the Crown to Maximilian 226
  48. A Letter from Mexico 228
  49. The Triumph of the Republic, 1867 233
  50. Porfirio Díaz Visits Yucatán 236
  51. Scenes from a Lumber Camp 241
  52. President Díaz, Hero of the Americas 247
  53. Gift of the Skeletons 254
  54. Special Section
  55. What Can Photographs Tell Us about Mexico’s History? 257
  56. V Revolution
  57. Introduction 277
  58. Land and Liberty 279
  59. Plan of Ayala 283
  60. The Restoration of the Ejido 288
  61. Zapatistas in the Palace 295
  62. Mexico Has Been Turned into a Hell 300
  63. Pancho Villa 306
  64. La Punitiva 314
  65. Pedro Martínez 317
  66. Amelio Robles’s Gender Battles in the Zapatista Army 328
  67. Juan the Chamula 338
  68. The Constitution of 1917: Articles 27 and 123 348
  69. An Agrarian Encounter 353
  70. Ode to Cuauhtémoc 356
  71. The Socialist ABC’s 361
  72. The Ballad of Valentín of the Sierra 367
  73. Mexico Must Become a Nation of Institutions and Laws 370
  74. The Formation of the Single-Party State 375
  75. The Rough-and- Tumble Career of Pedro Crespo 377
  76. A Convention in Zacapu 387
  77. The Agrarian Reform in La Laguna 393
  78. The Oil Expropriation 399
  79. VI The Perils of Modernity
  80. Introduction 403
  81. They Gave Us the Land 407
  82. Mexico’s Crisis 412
  83. Struggles of a Campesino Leader 423
  84. Art and Corruption 433
  85. The Two Faces of Acapulco during the Golden Age 440
  86. The Dark Deeds of “El Negro” Durazo 448
  87. The Sinking City 455
  88. Ciudad Nezahualcóyotl: Souls on the Run 467
  89. Roma Exposes Mexico’s Darkest Secret 476
  90. Modesta Gómez 482
  91. La Costa Chica and the Struggles of Mexico’s “Third Root” 490
  92. Images of Afro-Mexican Mobilization on the Costa Chica in the 2010s 494
  93. VII From the Ruins
  94. Introduction 499
  95. The Student Movement of 1968 501
  96. El Santo’s Strange Career 515
  97. After the Earthquake 524
  98. Letters to Cuauhtémoc Cárdenas 534
  99. Identity Hour, or What Photos Would You Take of the Endless City? (From a Guide to Mexico City) 540
  100. The Political Manifesto of the COCEI of Juchitán, Oaxaca 546
  101. Women of Juchitán 550
  102. EZLN Demands at the Dialogue Table 561
  103. A Tzotzil Chronicle of the Zapatista Uprising 569
  104. Debtors’ Revenge: The Barzón Movement’s Struggle against Neoliberalism 583
  105. VIII The Border and Beyond
  106. Introduction 595
  107. The Treaty of Guadalupe Hidalgo 599
  108. Plan of San Diego 604
  109. The “Wetback Invasion” 607
  110. The High Cost of Deportation 616
  111. A Honduran Teenager’s Journey across Borders 627
  112. Two Poems about Immigrant Life 645
  113. The Maquiladora Workers of Juárez Find Their Voice 648
  114. Dompe Days 654
  115. Two Songs about Drug Smuggling 662
  116. “We Are More American” 665
  117. IX From the Perfect Dictatorship to an Imperfect Democracy
  118. Introduction 667
  119. Mexicans Would Not Be Bought, Coerced 679
  120. Assessing NAFTA: Before and After 682
  121. Ayotzinapa: A Father’s Testimony 687
  122. The Narco Who Died Twice 694
  123. AMLO on Corruption 702
  124. The Promise and Peril of López Obrador 708
  125. Traditional Medicine in Modern Mexico and the Challenge of COVID-19 718
  126. Should I Die Abroad, Bring Me Back to Mexico 733
  127. Suggestions for Further Reading 737
  128. Acknowledgment of Copyrights and Sources 747
  129. Index 757
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https://doi.org/10.1515/9781478022978-060

Chapters in this book

  1. Frontmatter i
  2. Praise for the First Edition of The Mexico Reader iii
  3. Contents xi
  4. Acknowledgments xv
  5. A Note on Style xvii
  6. Map of Mexico xviii
  7. Introduction 1
  8. I The Search for “Lo Mexicano”
  9. Introduction 11
  10. The Mexican Character 13
  11. The Cosmic Race 17
  12. The Sons of La Malinche 22
  13. The Problem of National Culture 30
  14. How to Tame a Wild Tongue 34
  15. Mexico City 1992 45
  16. Two Ranchera Songs 56
  17. II Ancient Civilizations
  18. Introduction 59
  19. The Origins of the Aztecs 61
  20. The Feast of the Flaying of Men 64
  21. The Totocalli (Motecuhzoma’s “Zoo”) 69
  22. The Meaning of Maize for the Maya 81
  23. Omens Foretelling the Conquest 86
  24. III Conquest and Colony
  25. Introduction 89
  26. The Spaniards’ Entry into Tenochtitlán 91
  27. Cortés and Montezuma 99
  28. The Battles of Tenochtitlán and Tlatelolco 103
  29. The Spiritual Conquest 108
  30. Why the Indians Are Dying 116
  31. A Baroque Archbishop-Viceroy 125
  32. On Men’s Hypocrisy 137
  33. Whites, Negroes, and Castes 141
  34. The Itching Parrot, the Priest, and the Subdelegate 144
  35. IV Trials of the Young Republic
  36. Introduction 153
  37. The Siege of Guanajuato 155
  38. Sentiments of the Nation, or Points Outlined by Morelos for the Constitution 166
  39. Plan of Iguala 169
  40. Women and War in Mexico 173
  41. The Glorious Revolution of 1844 182
  42. Décimas Dedicated to Santa Anna’s Leg 189
  43. A Conservative Profession of Faith 192
  44. Considerations relating to the Political and Social Situation of the Mexican Republic in the Year 1847 197
  45. Liberals and the Land 209
  46. Standard Plots and Rural Resistance 216
  47. Offer of the Crown to Maximilian 226
  48. A Letter from Mexico 228
  49. The Triumph of the Republic, 1867 233
  50. Porfirio Díaz Visits Yucatán 236
  51. Scenes from a Lumber Camp 241
  52. President Díaz, Hero of the Americas 247
  53. Gift of the Skeletons 254
  54. Special Section
  55. What Can Photographs Tell Us about Mexico’s History? 257
  56. V Revolution
  57. Introduction 277
  58. Land and Liberty 279
  59. Plan of Ayala 283
  60. The Restoration of the Ejido 288
  61. Zapatistas in the Palace 295
  62. Mexico Has Been Turned into a Hell 300
  63. Pancho Villa 306
  64. La Punitiva 314
  65. Pedro Martínez 317
  66. Amelio Robles’s Gender Battles in the Zapatista Army 328
  67. Juan the Chamula 338
  68. The Constitution of 1917: Articles 27 and 123 348
  69. An Agrarian Encounter 353
  70. Ode to Cuauhtémoc 356
  71. The Socialist ABC’s 361
  72. The Ballad of Valentín of the Sierra 367
  73. Mexico Must Become a Nation of Institutions and Laws 370
  74. The Formation of the Single-Party State 375
  75. The Rough-and- Tumble Career of Pedro Crespo 377
  76. A Convention in Zacapu 387
  77. The Agrarian Reform in La Laguna 393
  78. The Oil Expropriation 399
  79. VI The Perils of Modernity
  80. Introduction 403
  81. They Gave Us the Land 407
  82. Mexico’s Crisis 412
  83. Struggles of a Campesino Leader 423
  84. Art and Corruption 433
  85. The Two Faces of Acapulco during the Golden Age 440
  86. The Dark Deeds of “El Negro” Durazo 448
  87. The Sinking City 455
  88. Ciudad Nezahualcóyotl: Souls on the Run 467
  89. Roma Exposes Mexico’s Darkest Secret 476
  90. Modesta Gómez 482
  91. La Costa Chica and the Struggles of Mexico’s “Third Root” 490
  92. Images of Afro-Mexican Mobilization on the Costa Chica in the 2010s 494
  93. VII From the Ruins
  94. Introduction 499
  95. The Student Movement of 1968 501
  96. El Santo’s Strange Career 515
  97. After the Earthquake 524
  98. Letters to Cuauhtémoc Cárdenas 534
  99. Identity Hour, or What Photos Would You Take of the Endless City? (From a Guide to Mexico City) 540
  100. The Political Manifesto of the COCEI of Juchitán, Oaxaca 546
  101. Women of Juchitán 550
  102. EZLN Demands at the Dialogue Table 561
  103. A Tzotzil Chronicle of the Zapatista Uprising 569
  104. Debtors’ Revenge: The Barzón Movement’s Struggle against Neoliberalism 583
  105. VIII The Border and Beyond
  106. Introduction 595
  107. The Treaty of Guadalupe Hidalgo 599
  108. Plan of San Diego 604
  109. The “Wetback Invasion” 607
  110. The High Cost of Deportation 616
  111. A Honduran Teenager’s Journey across Borders 627
  112. Two Poems about Immigrant Life 645
  113. The Maquiladora Workers of Juárez Find Their Voice 648
  114. Dompe Days 654
  115. Two Songs about Drug Smuggling 662
  116. “We Are More American” 665
  117. IX From the Perfect Dictatorship to an Imperfect Democracy
  118. Introduction 667
  119. Mexicans Would Not Be Bought, Coerced 679
  120. Assessing NAFTA: Before and After 682
  121. Ayotzinapa: A Father’s Testimony 687
  122. The Narco Who Died Twice 694
  123. AMLO on Corruption 702
  124. The Promise and Peril of López Obrador 708
  125. Traditional Medicine in Modern Mexico and the Challenge of COVID-19 718
  126. Should I Die Abroad, Bring Me Back to Mexico 733
  127. Suggestions for Further Reading 737
  128. Acknowledgment of Copyrights and Sources 747
  129. Index 757
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