Constitution

Mexico 1917 Constitution (reviewed 2015)

Table of Contents

CHAPTER III. The Foreigners

Article 33

The individuals that do not meet the criteria determined by Article 30 shall be considered as foreigners. They shall be entitled to the human rights and guarantees conferred by this Constitution.

The President of the Republic shall have the power to expel from national territory any foreigner, according to the law and after a hearing. The law shall establish the administrative procedure for this purpose, as well as the place where the foreigner should be detained and the time that the detention lasts.

Foreigners may not in any way participate in the political affairs of the country.

CHAPTER IV. The Mexican citizens

Article 34

Mexican citizens shall be those individuals who are considered as Mexicans and fulfill the following conditions:

  1. To be at least 18 years old, and
  2. To have an honest way of life.

Article 35

Rights of citizens:

  1. Right to vote.
  2. To be elected for all popular election positions, having met all the requirements set by the law. The right to request registration of candidates before the electoral authority corresponds to the political parties, as well as citizens requesting independent registration and who meet the requirements, conditions and terms set by the law;
  3. Right of assembly in order to peacefully participate in the country’s political affairs.
  4. Right to join Army or National Guard in order to defend the country and its institutions under the law.
  5. Right to petition
  6. To be appointed for any job or commission of the public service, having the qualities set by the law;
  7. To initiate laws, according to the terms and requirements established by this Constitution and the Law that governs the Congress. The National Electoral Institute will have the faculties granted in this matter by law; and,
  8. To vote in the referendum about national importance topics, which will be subject to the following:
    1. They will be called by the Congress of the Union and requested by:
      1. The President of the Republic;
      2. The equivalent to thirty three percent of the members of any of the Chambers of the Congress of the Union; or
      3. The citizens, in an equivalent number, at least, to two percent of those subscribed in the voting registration list, under the terms set by the law.

      With the exception of the hypothesis mentioned in item c) above, the petition should be approved by the majority of each Chamber of the Congress of the Union.

    2. When the total participation corresponds, at least, to forty percent of the citizens subscribed in the voters registration list, the result will be binding for the Federal Executive and Legislative powers and for the competent authorities;
    3. The restriction of the human rights considered in this Constitution, the principles of article 40 therein; the electoral matter; State income and expenses; national security and the organization, operation and discipline of the permanent Army, may not be subject to popular consultation; The Supreme Court of Justice of the Nation will resolve, previous to the call by the Congress of the Union, about the constitutionality on the consultation matter;
    4. The National Electoral Institute will be directly in charge of verifying the requirement set in item c) of section 1st of this paragraph, as well as the organization, development, account and declaration of results;
    5. Referendum will be performed on the same federal electoral day;
    6. The Rulings of the Electoral National Institute may be challenged under the terms stated in section VI of article 41, as well as section III of article 99 of this Constitution; and,
    7. Laws will set the necessary provisions to make this section effective.

Article 36

Responsibilities of Mexican citizens:

  1. To register himself at the respective tax office, declaring his property and profession or work. To register himself in the National Citizen Register, according to the law.The National Citizen Register, its organization and permanent functions, as well as the issuance of the document that certifies the Mexican citizenship are public services under the State and citizen responsibility according to the provisions stated by the law.
  2. To join the National Guard.
  3. To vote in the elections and the referendum under the terms set by the law;
  4. To hold a federal or state elective office, which shall never be unpaid.
  5. To be councilor, electoral assistant and jury in the municipal council.

Article 37

  1. The Mexican nationality by birth shall never be revoked.
  2. The Mexican nationality by naturalization can be revoked in the following cases:
    1. If the person voluntarily acquires a foreign nationality, pretends to be foreign citizen when subscribing any public document, uses a foreign passport or accepts or uses nobility titles which imply submission to a foreign State.
    2. If the person lives abroad for five years in a row.
  3. Mexican citizenship can be revoked in the following cases:
    1. If the person accepts or uses nobility titles issued by foreign governments.
    2. If the person voluntarily provides services to or performs an official function for a foreign government without approval of the Federal Executive.
    3. If the person accepts or uses foreign decorations without approval of the Federal Executive.The President of the Republic, Senators and Representatives and Supreme Court Justices may freely accept and use foreign decorations.
    4. If the person accepts titles or employment from other country’s government without approval of the Federal Executive, except by literary, scientific or humanitarian titles, which can be freely accepted.
    5. If the person helps a foreigner or foreign government against the Nation in any diplomatic controversy or international court.
    6. In any other cases as prescribed by the laws.

Article 38

Citizens’ rights and prerogatives can be suspended in the following cases:

  1. Unjustifiably failure to comply with the duties imposed by Article 36. This suspension shall last for one year and shall be imposed along with any other punishment which can be applied for such failure under the law.
  2. If the person is on trial for a crime that deserves physical punishment. In such a case suspension starts from the date the detention order was issued.
  3. If the person is serving time in prison
  4. Due to vagrancy or customary inebriation, declared according to the law provisions
  5. If the person is a fugitive, from the moment in which the detention order has been issued to the moment when prosecution has expired.
  6. As a result of a sentence that imposes this suspension

The law shall define the ways in which citizens’ rights will be revoked or suspended, as well as the recovery procedures.