CHAPTER I. Division of Powers
The political authority or power is divided into the Executive, the Legislative and the Judiciary branches. Two or more of these powers cannot be united in one single person or corporation, nor shall the legislative branch be vested in one single person, except for the case where extraordinary powers are granted to the President of the Republic as provided in Article 29. In no other case, except as provided under the second paragraph of Article 131, extraordinary powers to legislate shall be granted.
CHAPTER II. The Legislature
The legislative power is vested in the Congress of the United Mexican States, which shall consist of a Senate and House of Representatives.
Section I. Elections and Inauguration of the Congress
The House of Representatives is composed by representatives of the nation. All of them shall be elected every three years. For each representative, a substitute shall be elected.
The House of Representatives shall be integrated by 300 members, who shall be elected according to the principle of majority voting through the uninominal voting system in all the electoral districts; and the remaining 200 members shall be chosen according to the principle of proportional representation, using a system of regional lists voted in multimember districts.
The borders separating the 300 uninominal electoral districts from each other shall be set down after dividing the country’s population by the number of districts, taking into account the most recent census. Each state shall have at least two representatives elected under the principle of majority voting.
In order to elect 200 representatives under the principle of proportional representation, using a system of regional lists, five multimember electoral districts shall be established in the country. The law shall set down the ways in which such territorial division will be made.
The election of the 200 representatives under the principle of proportional representation, using a system of regional lists, shall be subjected to the following principles:
- To register its regional list, a political party must prove that it participates with candidates to the House of Representatives to be elected by the principle of majority voting in at least two hundred uninominal districts.
- Every political party attaining at least three percent of the total votes casted for the regional lists at the multimember constituency shall be entitled to have representatives under the principle of proportional representation.
- The political party complying with the two principles above established, shall obtain the number of representatives from the list corresponding to each multimember district, according to the way the people vote on that constituency. The order established in the regional lists shall be respected to appoint the candidates.
- No political party shall have more than 300 representatives, regardless the principle by which they have been elected.
- The political parties shall never have a number of representatives by both principles, which considered in percentage of the House, exceeds by eight points the percentage they have obtained in vote. This restriction shall not be applied to the political party that, due to its electoral victories at uninominal districts, obtains a percentage of seats greater than the addition of the percentage obtained in national vote plus eight percent.
- After that seats have been distributed according to previous paragraphs III, IV and V, the leftover proportional representation seats shall be awarded to the remaining political parties which have a right in each one of the multimember districts, in direct proportion to the national and effective votes received by these parties. The law shall regulate procedures and formalities to apply this article’s principles.
Requirements to be a Representative:
- To be a Mexican national by birth in the full exercise of his rights.
- To have attained to the age of twenty-one years on the election date.
- To be a native or resident of that state in which he/she shall be chosen for at least six months before the election date.In order to qualify for registration in the regional lists of multimember districts, the candidate must be a native of one of the states included in such multimember district, or be a resident of that district for at least six months prior to the date of the election.
Residence is not lost in cases where absence is because he/she has been elected to a public office.
- To be free of duties at the Army, law enforcement agencies and rural police forces with jurisdiction over the electoral district in which the election is going to take place, at least ninety days before the election date.
- Not to be in charge of one of the organs, granted with autonomy by this Constitution. Not to be Secretary or Undersecretary of State. Not to be in charge of one of the decentralized organs of the federal government, unless the candidate is definitely separated from his duties at least 90 days before election date takes place.Not to be Justice of the Supreme Court of Justice, Magistrate, Secretary at the Electoral Court of the Judicial Power of the Mexican Federation, President of the Council or Electoral Councilor in the General Council, Local or District Councils at the National Electoral Institute, nor Executive Secretary, Executive Director or directive personnel of this Institute, unless the candidate has definitely separated from his duties at least three years before election date takes place.
State Governors and the Federal District Mayor cannot be elected to represent the states over which they have jurisdiction, even though they definitely separate themselves from their duties.
State Secretaries, the Secretaries of the Federal District, the federal or state judges, the judges of the Federal District, the mayors in the states and persons in charge of any political-administrative entity in the Federal District, cannot be elected in the states where they exercise their respective duties, unless they resign their positions definitively at least ninety days before the election.
- Not to be priest or minister of any religion.
- To be unaffected by the inabilities established under article 59.
The Senate shall be composed of 128 senators, two Senators from each state and the Federal District elected in accordance to the principle of majority voting and one Senator shall be apportioned to the largest minority. For this purpose, political parties must register a list with two sets of candidates. The largest minority seat shall be granted to the set of candidates heading the list of the political party that shall have attained the second place in the number of votes casted in the corresponding state.
The remaining thirty-two senators shall be elected under the principle of proportional representation, through the system of lists voted in one sole national multimember district. The law shall establish the regulations and formalities that shall be applied for these purposes.
The Senate shall be totally renewed every six years.
There shall be an elected substitute for each senator.
The Senators shall fulfill the same requirements than the Representatives, except by the age. All senators must be at least 25 years old on the election date.
Senators may be elected up to two consecutive periods and the deputies of the House of Representatives may be elected up to four consecutive periods. The candidate may only be nominated by the same party by which the congressmen/women was elected or by any of the parties that formed the coalition by which the congressmen/women were elected, unless that they had resigned or lost their membership to the party in the first half of their mandate.
The National Electoral Institute established in the Article 41 of this Constitution and in accordance to the legal dispositions, shall declare the validity of the elections for both, representatives and senators in each one of the uninominal districts, as well as in each state. The National Electoral Institute shall also issue the respective certificates to the candidates who have obtained the majority of votes. The National Electoral Institute shall appoint the senators corresponding to the largest minority, according to the Article 56 of this Constitution and the law. Likewise, the National Electoral Institute shall declare validity of the election and shall appoint the representatives corresponding to the principle of proportional representation, in accordance to the Article 54 of this Constitution and the law.
The resolutions made on validity of the election, on awarding certificates and on the appointed representatives or senators can be appealed before the regional courts of the Electoral Court of the Judicial Power, according to the procedures established by law.
The regional court’s rulings may be reviewed only by the High Court of the Electoral Court of the Judicial Power, through the appeals submitted by political parties, provided that such offences could modify an election result. The verdicts given by the High Court of the Electoral Court of the Judicial Power shall be definitive and irrefutable. The law shall establish the conditions, requirements and formalities for such appeal system.
Representatives and senators shall be above criticism related to their opinions in the performance of their duties; they may never be questioned for such opinions.
The speaker of each House shall be responsible for enforcing respect to House members’ constitutional immunity and to the inviolability of the place where the House of Representatives meets.
No Senator or Representative shall, during the time for which he was elected, be appointed to any federal or state government office which grants emolument without a license granted by the respective House. In such case, representative duties shall be suspended for as long as their new occupation lasts. The same rule shall be applied to the substitute representatives and senators if they have been called to service. Removal from office shall be the punishment imposed on any offender of this article’s rules.
In order to open sessions and to exercise the duties of the offices, the House of Representatives and the Senate shall have more than fifty percent of attendance of the total number of their members. Those present shall compel the absentees to attend within the next thirty days, under the condition that if they do not present themselves the Chamber shall understand that they do not accept their office. In such case, the substitutes shall be called, they must appear within the next thirty days. In the event that substitute does not appear either, the seat shall be declared vacant. All vacancies shall be filled, no matter if the vacancy happened at the beginning of legislature or during the legislative period. Regarding Representatives or Senators elected under the principle of majority voting, the respective House shall call extraordinary elections according to the Article 77, paragraph IV of this Constitution. Regarding representatives appointed by the principle of proportional representation, the next candidate in the regional list of the party in question shall fill vacancy. Regarding Senators appointed by the principle of proportional representation, the next candidate in the national list of the party in question shall fill vacancy. Regarding Senators appointed by the principle of largest minority, vacancy shall be filled by the second candidate in the list of the party in question of the respective state.
Representatives and Senators shall inform their Speaker about absences. Any Representative or Senator who have been absent from his duties for ten days in a raw without the permit of the Speaker or justified cause shall not be allowed to take his seats back until the opening of the following period of sessions. In such a case, substitutes shall be called to service.
In the event of lack of quorum in either House so that the legislature can be opened or to exercise their duties, the substitute shall be called immediately to attend as promptly as possible, while the aforesaid thirty days term elapses.
Those Representatives or Senators that being elected do not present themselves to fulfill their duties and without a justified cause for the absence, shall be liable and subjected to the penalties established by the law.
National political parties shall also be liable and subjected to the penalties set forth by the law if they agree with their candidates not to appear in the respective House to perform their duties.
Representatives and Senators who, unjustifiably and without a permit, are absent from one session, shall not be entitled to claim any wage for that particular day.
The Congress shall assemble every year on September 1st, for the first ordinary period of sessions, except for the year when the President of the Republic begins his term in office on the date described in the Article 83 of this Constitution. In this case the Congress shall meet from August 1st. For the second ordinary period of sessions, the Congress shall meet every year on February 1st.
In both periods of sessions, the Congress shall study, discuss and vote the bills of law submitted thereto and shall resolve any other affairs pertaining to it according to this Constitution.
The Congress shall preferably devote itself to the issues established by its Organic Law.
Each ordinary period of sessions shall last as long as necessary to solve the affairs mentioned at the previous article. The first period cannot be extended beyond December 15 of the respective year, except on those years when according to Article 83, a new President of the Republic is going to be inaugurated. In such a case, sessions may be extended until December 31. The second period shall not be extended beyond April 30 of the respective year.
In the case that both Houses cannot reach an agreement about the closing dates of the sessions, the President of the Republic shall resolve the dispute.
The Congress or just one of the Houses, when dealing with an issue under its exclusive jurisdiction, shall assemble in extraordinary period of sessions at the Permanent Committee’s request. In such case, the Congress shall only resolve the issue or issues submitted by the Permanent Committee and indicated in the notification.
Both Houses shall be located at the same place and shall not be moved to a different one without a previous agreement on moving, period and procedure, but both Houses must reside in the same site. If no agreement is reached on the transfer’s duration, procedures and place, the President of the Republic resolves the issue by choosing one of the alternatives. No House shall adjourn sessions for more than three days without the explicit consent from the other one.
Every year, at the opening of the first ordinary period of sessions, the President of the Republic shall provide a written report, indicating the state of the country’s public administration. At the opening of an extraordinary period of sessions of the Congress, or only of one of the Houses, the Speaker of the Permanent Committee shall inform about the reasons leading to such extraordinary period of sessions.
Each of the Houses shall analyze the report and can request the President of the Republic to expand on the information through written questions. The Houses can summon the Secretaries of State and the chairmen of the decentralized entities, who shall appear before the Congress to report under oath to tell the truth. The law and regulations of the Congress shall rule this attribution.
During the first year of his term in office and in the opening ceremony of the second period of ordinary sessions, the President shall present before the Senate the National Strategy for Public Safety for its approval and shall present an annual report about its status.
Every resolution of the Congress shall have force of law or decree. Laws and decrees shall be communicated to the President of the Republic by a document signed by the Speakers of both Houses and by a Secretary of each one of them. Laws and decrees shall be enacted as follows: “The Congress of the United Mexican States decrees: (text of the respective law or decree)”.
The Congress shall issue a law that will regulate its own structure and internal functioning.
Such law shall specify the ways and procedures allowing associations of representatives to be formed according to their party affiliation in order to protect the freedom of speech of all ideological trends represented at the House of Representatives.
Such a law shall never be vetoed nor require to be enacted by the President of the Republic in order to enter into force.
Section II. Bills and Laws Enactment
The ones who have the right to propose laws or decrees are:
- The President of the Republic.
- The House Representatives and Senators of the National Congress
- The State Legislatures
- The citizens in an equivalent number of, at least, zero point thirteen percent of the voters registration list, according to the terms set by the law.
The Law of the Congress will determine the procedure for the initiatives.
The opening day of each ordinary session period, the President of the Republic may present up to two initiatives for preferential procedure, or under such character appoint up to two initiatives that had already been presented in previous periods, when ruling pending. Each initiative should be discussed and voted by the Plenary of the Chamber of origin on a maximum of thirty natural days. Otherwise, the initiative under its terms and without any further procedures will be the first matter that will be discussed and voted in the next plenary session. If approved or modified by the originating Chamber, the respective bill of law or decree will immediately be passed to the reviewing Chamber for discussion and vote on the same period and under the mentioned conditions.
The addition or reform initiatives of this Constitution will not have a preferential character.
Every single bill or decree shall be discussed successively at both Houses, except the issues that are within the exclusive jurisdiction of one of the Houses. The House shall observe the methods, periods of time and debating and voting procedures established by the Congress Act and its regulations.
- After being approved by one of the Houses, every bill shall be submitted to the other one in order to be discussed there. If the second House approves it, the bill shall be submitted to the President of the Republic who, after deciding that no further corrections should be made, shall publish it without delay.
- A bill forwarded to the President of the Republic which is not returned by him with his objections to the House where it was originated within 30 calendar days of the receipt, shall be deemed approved. After such term, the President of the Republic shall pass and publish the law or decree in the following 10 calendar days. After this second term, the law or decree shall be deemed enacted; then, in the following 10 calendar days, the President of the House, where the bill was originated, shall order publication of the law or decree in the Official Gazette of the Federation, without requiring endorsement. These deadlines shall not be suspended if the Congress closes or adjourns its sessions. In this case, the President of the Republic shall return the bill to the Permanent Committee.
- Any bill rejected partially or totally by the President of the Republic shall be returned with the respective corrections to the original House. The bill shall be discussed again in such House and, if confirmed by a two-thirds majority of votes, it shall be submitted again to the reviewer House. If a two-thirds majority of votes supports the bill at the second House, it shall be considered as enacted law or decree and shall be sent to the President of the Republic in order to be published.Voting for enacting laws or decrees shall be nominal.
- If any bill is rejected in whole by the reviewing House, it shall be returned to the House where it was originated with the appropriate objections. The bill shall be again discussed in said House and, if approved by the absolute majority of its members present, it shall return to the House that rejected it, which shall analyze it again. If the second House approves the bill by the same majority, it shall be submitted to the President of the Republic, who has to comply with the purposes of paragraph “a”. If the second House does not approve the bill, it shall not be reintroduced in the same period of sessions.
- When any bill is partially rejected, modified or added by the reviewing House, the new discussion in the original House shall be focused on the rejected, reformed or added parts, leaving the already approved articles unchanged. If the additions or reforms made by the reviewing House are approved by absolute majority in the original House, the whole bill shall be submitted to the President of the Republic, who has to observe the provisions established in paragraph “a”. If the additions or reforms made by the reviewing House are rejected by majority of the members attending the original House, the bill shall be returned to the reviewing House, which shall study the reasons of the first House. If those additions or reforms are rejected again after a second review, the part of the bill approved by both Houses shall be sent to the President of the Republic, who has to observe the provisions established in paragraph “a”. If the absolute majority of the attending members at the reviewing Hose insists on enacting the additions and reforms, the whole bill shall be postponed until a the new period of sessions, unless the absolute majority of attending congressmen at both Houses agrees on enacting only the approved articles of the bill and on submitting additions or reforms to the next period of sessions.
- Regarding interpretation, reforms and repeal of laws or decrees, the same formalities established for enacting them shall be observed.
- Any bill rejected in the first House shall not be reintroduced in other period of sessions corresponding to the same year.
- Either of the two Houses can propose a law or decree first, except for bills about debenture loans, taxes or conscription, which shall be discussed first at the House of Representatives.
- The initiatives or bills shall be first discussed preferably in the House they were presented, unless the Consultative Commission of the first House delays to present an opinion about the bill for more than one month, then the bill can be submitted to the other House for discussion.
- The President of the Republic cannot make comments on the resolutions of the Congress or any of the Houses when act as electoral body or judge, as well as when the House of Representatives charges a top-ranking official with official offences.The President of the Republic cannot make comments on the decree of call for extraordinary period of sessions issued by the Permanent Committee.
Section III. Powers of Congress
The Congress shall have the power to:
- Admit new states into the Union.
- (Repealed by the decree published on October 8, 1974)
- Create new states within the limits of the existing ones. For this purpose, the following requirements must be met:
- The fraction or fractions that intend to become a new state must have at least one hundred and twenty thousand inhabitants.
- The fraction or fractions that intend to become a new state shall substantiate before Congress that it possess enough elements to assure the new state’s political existence.
- The legislatures of the states involved shall submit a report to the Congress, within the six months after notification was sent to them, about usefulness or inappropriateness of creation of the new state.
- The President of the Republic must submit a report to the Congress within the seven days after notification about usefulness or inappropriateness of creation of the new state.
- Proposal of creation of the new state shall obtain the two-thirds of the votes in each House.
- The ruling pronounced by the Congress shall be ratified by majority of the state legislatures after reviewing of the file, provided that legislatures of the affected states have approved such ruling.
- In the event that legislatures of the affected states do not consent creation of a new state, then ratification mentioned in the previous paragraph shall be done by two-thirds of the legislatures of the rest of the states.
- (Repealed by the decree published on December 8, 2005)
- Move the residence of the Federal Branches.
- (Repealed by the decree published on August 22, 1996)
- Lay and collect taxes in order to fund the national budget.
- In regard to public debt, to:
- Establish the basis for the President of the Republic to celebrate loans and grant guarantees based on the country’s credit, to approve such debenture loans, to accept the foreign debt and to order payment of such foreign debt. Only credits producing an increase in public revenue shall be contracted or, according to the respective law, those acquired for monetary regulation purposes, for debt restructuration or refinancing. These last credits shall be guided by the principle of the best market conditions, as well as those acquired to face an emergency situation stated by the President of the Republic according to the Article 29.
- The Congress shall also have the power to annually approve debt amount that in each case requires the Government of the Federal District and the government agencies, these debt amount shall be included in the Revenue Law according to the applicable law. The President of the Republic shall submit to the Congress an annual report about the spending of the debt. For this purpose, the Federal District Mayor shall submit to the President a report about the use of that debt corresponding to the Federal District. The Federal District Mayor shall also inform the Federal District Assembly about such spending together with the general report of the public administration.
- The Congress shall establish the general basis about the loan agreements, the loan limits and the schemes of debt that the States, the Federal District and the Municipalities could acquire as well as the mechanisms that allow them to modify their participations and budgets to cover the corresponding payments. The States, the Federal District and the Municipalities must register and publish the total amount of debt and the payment schemes in the unique public registry in a timely and transparent manner. The Congress shall also establish an alert system about the debt management and the applicable sanctions to public officers that do not comply with these dispositions. These laws shall first be discussed at the House of Representatives according to the Article 72 section H of this Constitution.
- The Congress, through the legislative commission of both Houses, shall analyze the strategies to strengthen the local public finances described in the agreements that the local governments promote with the Federal Government to obtain loans. The Congress may issue recommendations and observations within fifteen-business days limit, even in the recess periods of the Congress. The previous statement shall apply in the cases of those Local Governments that already have high levels of public debt according to the corresponding law. Immediately after the celebration of the agreement, the strategy to adjust the finances of the Municipalities that fall into the same case shall be informed. These may also apply for the agreements that the States celebrate regardless their debt level.
- To prevent restrictions to State-to-State commerce.
- To legislate Nation-wide on hydrocarbons, mining, chemical substances, explosives, pyrotechnics, movie industry, commerce, bets, draw and raffles, intermediation and financial services, electrical and nuclear energy, and to issue the regulations according to the article 123 of this Constitution.
- Create and cut public jobs in federal government, as well as to establish, increase or decrease salaries for such jobs.
- Declare war, based on the information submitted by the President of the Republic.
- Enact laws that assess quality of maritime and land dams, and the maritime legislation that shall be applied at both, peacetime and wartime.
- Support and maintain the country’s armed forces: the Army, the Navy and the Air Force. The Congress shall have the power to regulate organization and service of these armed forces.
- Make rules and regulations that organize, arm and discipline the National Guard. However, citizens participating in the National Guard shall appoint its chiefs and officers, and the states shall train its own National Guard.
- Enact laws on nationality, legal status of foreigners, citizenship, naturalization, colonization, immigration and public health:
- The General Board of Health shall report directly to the President of the Republic, without intervention of any Ministry. Its orders and provisions issued by the General Board of Health shall be compulsory for the whole country.
- In the event of serious epidemic or risk of invasion of exotic diseases, the Ministry of Public Health shall issue immediately the appropriate preventive measures, which may be approved by the President of the Republic.
- The Sanitation Authority [Ministry of Public Health] shall be an executive organ; its orders, regulations, measures and provisions shall be observed by the administrative authorities throughout the country.
- Measures issued by the General Board of Health for campaigns against alcoholism, drugs and pollution shall be reviewed by the Mexican Congress if applicable.
- Enact laws on means of communication, information technology and communication, broadcasting, telecommunication, including broadband and Internet, posts and mail, and the use and enjoyment of federal jurisdiction waters.
- Establish the treasury [mints] and regulate them, to make rules to determine exchange rate, and to adopt a general system of weights and measures.
- Regulate occupation and alienation of wasteland and the price thereof.
- Enact laws to regulate the Mexican diplomatic and consular corps.
- General laws that establish, at a minimum, types of criminal offenses and its respective sentencing parameters in regard to kidnapping, enforced disappearances, others types of illegal restrictions to freedom, human trafficking, torture, and other cruel or dehumanizing treatments, as well as electoral crimes.General laws shall also regulate the distribution of competences and the way to coordinate efforts among the Federation, the States, the Federal District and the Municipalities;
- Legislation to determine felonies and misdemeanors against the Federation, their sentencing parameters and sanctions to be imposed, as well as legislation in regard to organized crime;
- Unified legislation to regulate criminal procedure, alternative dispute resolution, sentencing execution and teenagers’ criminal justice at the federal or ordinary jurisdiction.
Federal authorities may hear cases involving ordinary felonies when said cases are connected to cases involving federal felonies, or felonies against journalists, people or infrastructure that affect, limit or abridge the right of access to information, freedom of speech or freedom of press.
In those areas of concurrent jurisdiction set forth in this Constitution, federal laws shall determine the cases in which ordinary courts may hear and decide cases involving federal felonies;
- Grant an amnesty for federal crimes.
- Enact laws to regulate coordination between the Federal Government, the Federal District, the States and the Municipalities, as well as to create and organize federal public security bodies, according to the Article 21 of this Constitution
- Enact the laws that organize and establish the powers of the Federal Auditing Office and those laws that regulate the management, control and evaluation of the Powers of the Union, the federal agencies, as well as to enact the general law that establishes the basis for the coordination of the National Anticorruption System according to the article 113 of this Constitution.
- To establish the Teaching Professional Service in terms of article 3rd of this Constitution; to establish, organize and fund, throughout the Republic, rural, elementary, junior high, high and professional schools for scientific research, fine arts and technical studies, practical agriculture and mining schools, arts and crafts school, museums, libraries, observatories and other institutions related to the general culture of the nations’ inhabitants and to legislate in the fields related to these institutions; to legislate on traces and fossil remains and on archeological, artistic and historical monuments, which preservation be deemed as of national interest; as well as to pass laws oriented to conveniently allocate among the Federation, the States and Municipalities the exercise of the educational function and economic contributions corresponding to that public service, aiming to unify and coordinate education throughout the Republic, and to ensure the fulfillment of educational purposes and their continued improvement, in a framework of inclusion and diversity. Degrees issued by these establishments shall be recognized throughout the Republic. To legislate on copyright and other issues of intellectual property issues related to the same.
- To grant a leave to the President of the Republic and to constitute itself into an Electoral College in order to appoint the citizen that should substitute the President of the Republic either as interim or alternate, under the terms of articles 84 and 85 of this Constitution.
- Accept the President of the Republic’s resignation.
- Enact laws to regulate public accounts, the submission of financial reports and reports on revenues and expenditures, as well as patrimony reports, which shall apply to the federal government, the States, the Federal District, the Municipalities and all the political-administrative organs that correspond aiming for a homogeneous and harmonized procedures for public accounts.
- To lay and collect taxes on the following items:
- Foreign trade
- The use and exploitation of natural resources mentioned in the Article 27, paragraphs 4 and 5
- Credit institutions and insurance companies
- Public services either provided by concessionaires or by the government
- The Congress shall have the power to lay and collect special taxes on:
- Electrical energy
- Production and consumption of carved tobacco
- Gasoline and other products derived from oil
- Maguey juice and its products.
- Forest exploitation
- Production and consumption of beer
The states shall receive, under federal legislation, a percentage of the revenue generated by the special taxes. Local legislatures shall set the percentage corresponding to municipalities, in their income from tax over electric power service.
- Regulate characteristics and use of the national flag, anthem and coat of arms.
- To regulate coordination between the Federal Government, the states and the municipalities to order human settlements, complying this way with the goals established the Article 27, in paragraph 3, of this Constitution.
- Enact laws regarding national economic and social planning, as well as statistical and geographical information.
- Enact laws for programming, promotion, covenants and implementation of economic measures, especially those related to supply, as well as those intended to achieve adequate and timely production of goods and services, considered as socially necessary.
- Enact laws: a) to promote Mexican investment; b) to regulate foreign investment and transfer of technology; and c) to regulate generation, spreading and implementation of scientific and technological knowledge necessary for the country’s development.
- Enact laws establishing the concurrence of the Federal Government, the states and the municipalities, within their respective jurisdictions, on matters concerning protection of the environment, as well as preservation and restoration of ecological balance.
- To legislate for the creation of completely autonomous Federal Administrative Tribunal empowered to resolve the legal controversies between the federal public administration and individuals. Administrative courts shall impose penalties on public employees originated by administrative liabilities that the law considers as severe felonies and to the individuals that participate in those acts, as well as to set the compensations and economic sanctions for the damages to the Public Treasury or the estate of the public agencies.The Administrative Court shall be organized by plenary meetings or regional courts.
The Superior Court of the Administrative Tribunal will have sixteen judges and shall perform in plenary meetings or by sections. One of these sections will be in charge of the resolutions regarding the third paragraph of this article.
The judges of the Superior Court shall be appointed by the President and ratified by the votes of two-thirds of the present members of the Senate or the Permanent Committee if the Senate is in recess. The judges shall be appointed for fifteen years without possibility of remaining in office.
The judges of the Regional Courts shall be appointed by the President and ratified by the majority vote of the present members of the Senate or the Permanent Committee if the Senate is in recess. The judges shall be appointed for ten years and may be considered for a new term in office.
The judges may only be removed form office due to serious grounds stated by the law.
- Enact laws that coordinate the measures implemented by the federal government, the states, the Federal District and the municipalities regarding civil protection matter.
- To legislate in regard to physical culture and sports with the purpose of complying with that which is outlined in article 4 of this Constitution, establishing the concurrence between the Federation, the states, the Federal District and the municipalities, as well as the participation of social and private sectors.
- Legislate on matters concerning tourism, establishing general bases to coordinate the concurrent attributions of the Federal Government, the states, the Federal District and the municipalities; as well as the participation of the private and social sectors.
- Legislate on matters concerning fishing and aquaculture, establishing general bases to coordinate the concurrent attributions of the Federal Government, the states, the Federal District and the municipalities; as well as the participation of the private and social sectors.
- Enact laws in matters of national security, establishing the requirements and limits to the corresponding investigations.
- Issue laws regarding the formation, organization, functioning and suppression of cooperatives. These laws shall establish the bases to coordinate the concurrent attributions of the Federal Government, the states, the Federal District and the municipalities regarding promotion and sustainable development of cooperatives.
- Legislate on matters concerning culture, establishing general bases to coordinate the concurrent attributions of the Federal Government, the states, the Federal District and the municipalities, except by that established in the section XXV of this article. This law shall also define the mechanisms through which social and private sectors shall participate, complying this way with the goals indicated in the Article 4, paragraph ninth, of this Constitution.
- Regulate the use and protect personal data handled by private entities.
- To emit laws that establish the concurrence of the Federation, the states, the Federal District and the municipalities, in their respective competencies, on the subject of the rights of girls, boys and adolescents, safeguarding, at all times, their best interest and complying with international agreements that Mexico may be a part of on this subject.
- To legislate over citizens’ initiatives and referendums
- To issue a general law to harmonize and homologue the organization and operation of the real estate and legal entities public registries of the federative entities and municipal cadastral authorities.
- To issue general regulating laws that establish the principles and basis in regard to government transparency, access to information and protection of personal data held by authorities, entities or government agencies at all levels of government.
- To issue a general law that establishes a homogenous and coordinated system to organize and manage all the files and documents at the federal, local and municipal level including the Federal District and its political subdivisions. This law must describe the organization and functions of the National Archives System.
- To issue the general laws that allocates the competences between the federation and the federative entities in regard to the political parties, electoral organs and electoral processes according to the specifications of this Constitution.
- To issue the general law that allocates the competences between the Federal, Local and Municipal governments to establish the administrative responsibilities to public servants, their obligations and applicable sanctions for the acts and omissions that infringe the law and that relates to the public servants to serious administrative faults, as well as the procedures for the application of these sanctions.
- To issue laws in regard to fiscal responsibility that have the purpose of a sustainable management of public finance at the Federal, Local and Municipal levels including the Federal District, according to the principles established in the second paragraph of the Article 25th of this Constitution.
- Enact all laws required to make effective the foregoing powers and any other powers vested by this Constitution on the Powers of the Union.
The Constitution grants the House of Representatives several exclusive powers:
- The power to issue the Solemn Edict in order to inform the whole country that the Electoral Court of the Judicial Power has issued a declaration stating that the President of the Republic has been elected.
- 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.
- To ratify the appointment made by the President to the Secretary of the Treasury, unless when a coalition government was formed, in which case would be under the specifications of the article 76 fraction II of this Constitution, as well as the directive employees at the Secretary of the Treasure.
- The power to annually approve the Nation’s budget, after assessment, discussion and, if applicable, modification of the project submitted by the President of the Republic; and after approval of taxes and contributions to cover such budget. The House of Representatives shall have the exclusive power to authorize multiannual expenditures for construction of infrastructure, so subsequent budgets shall include these multiannual expenditures.The President of the Republic shall submit to the House of Representatives his proposal of the Income Act and the Expenditure Budget no later than September 8 and the pertinent Secretary shall appear before the House in order to clarify the accounts. The House of Representative shall approve the Budget no later than November 15.
When the President of the Republic begins his term on the date stated by the Article 83, he shall submit to the House of Representatives his proposal of the Income Act and the Expenditure Budget no later than November 15.
Only the absolutely necessary secret items may be included in the Expenditure Budget. The Secretaries shall use such secret items under written consent of the President of the Republic.
The President of the Republic can request an extension to submit his proposal of the Income Act and the Expenditure Budget, justifying the causes to the House of Representatives. The pertinent Secretary shall appear before the House to inform about the reasons for extension.
- The power to approve or object to criminal proceedings against public servants who have committed an offense according to the Article 111 of this Constitution.The House of Representatives shall be notified about the charges against public employees mentioned in the Article 110 of this Constitution. The House shall have the power to become an accusing organ in impeachments against civil servants.
- The power to review the public accounts corresponding to the previous year, in order to assess the results thereof, to check observance of the criteria stated in the approved budget, and to verify achievement of the objectives indicated in the several programs.The House of Representatives shall review the public accounts through the Federal Auditing Office. If this office finds out discrepancies related to revenues or expenditures, or if it finds out inaccuracy or unjustified revenues or expenditures, the law shall be applied to punish misconduct. Regarding achievement of the objectives stated in the several programs, the House can only issue a recommendation in accordance to the law.
Public account shall be submitted to the House of Representative no later than April 30 of the next year. This term may be extended only in the case mentioned in paragraph IV, last rows, of this Article. Extension shall not exceed 30 days. In such case, the Federal Auditing Office shall have the same extension to present the respective report.
The Chamber will complete the review of the Public Account, the latest, on October 31 of the following year after presentation, based on the analysis of the content and technical conclusions of the result report of the Federal Auditing Office, referred in Article 79 of this Constitution, recognizing that the observation procedures, recommendation and actions filed by the Federal Auditing Office will continue under the terms provided in such article.
The Chamber of Deputies will evaluate the performance of the Federal Auditing Office and may require a report about the progress of auditing works.
- Approve the National Development Plan within the time limit established by law. In case that the House of Representatives does not decide about the plan within the time period it would be considered as approved.
- Appoint, by the vote of two-thirds of its present members, the heads of the internal control organs of those entities granted with autonomy by this Constitution and that use public resources stated in the Federal Budget.
- Other exclusive powers conferred by this Constitution.
The House of Representatives shall indicate, in the Expenditure Budget, the wages for all public employments created under the law. In the event that the House fails to indicate such wages, the wages established in the previous Budget or in the law that created the job shall be in force.
Nonetheless, remuneration shall be established observing the provisions of the Article 127 of this Constitution and the applicable laws.
The federal executive, legislative and judicial branches, as well as autonomous bodies recognized in this Constitution, and which use public resources from the Federal Budget, shall include in their project budgets detailed tables of remunerations proposed for their public servants. Such project budgets shall observe the procedure for approval of budget expenditures provided in the Article 74, paragraph IV of this Constitution and other applicable laws.
The Constitution grants the Senate several exclusive powers:
- Power to analyze the foreign policy developed by the President of the Republic, based on the annual reports submitted to the Senate by the President and the Secretary of Foreign Affairs.The Senate shall have the power to approve the international treaties and conventions subscribed by the President of the Republic, as well as his decision to end, condemn, suspend, modify, amend, withdraw reservations and make interpretative declarations related such treaties and conventions;
- Ratify appointments made by the President of the Secretaries of State in case that a government coalition is formed, with exception of 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, according to the terms that the law establishes;
- Power to authorize the President of the Republic to allow departure of Mexican troops outside the country, passing of foreign troops through the country and stay of foreign troops for more than one month on Mexican waters.
- Power to authorize the President of the Republic to dispose the National Guard outside its respective states, and to determine the necessary forces.
- In the event that all constitutional powers of one state disappear, the Senate shall have the power to appoint a provisional governor, who shall call elections according to the Constitution of the state in question. The President of the Republic shall propose three candidates to become provisional governor. The two-thirds of the present Senators or, given a recess, the Permanent Committee shall approve one of the candidates. The provisional governor cannot be nominated as constitutional governor in the elections called by him. This provision shall govern whenever the constitutions of the states do not provide otherwise.
- Power to resolve the political disputes that arise between the powers of a state when one of the parties submits the case to the Senate, or in the event that such disputes have generated an armed conflict. In such a case, the Senate will pronounce a resolution based on the Federal Constitution and the constitution of the state in question.Law shall regulate the exercise of the two previous powers.
- Power to become ruling jury in the impeachments against public servants in the cases of faults or omissions that damage the public interest, according to the Article 110 of this Constitution;
- Power to appoint the Justices of the Supreme Court of Justice of the Nation among the three candidates proposed by the President of the Republic. The Senate has the power to approve or reject leaves or resignations of Supreme Court Justices.
- Power to appoint and dismiss the Head of the Federal District Government, in the cases provided by this Constitution.
- Power to authorize amicable covenants made by the states regarding their borders. Such covenants shall be authorized by the two-thirds of the members present in Senate.
- To approve the National Public Safety Strategy within the time limit that the law provides, if the Senate does not decide in the time limit the strategy will be considered as approved.
- Appoint the commissioners of the National Transparency Agency [organo garante] that the Article 6th of this Constitution establishes, in the terms established by the Constitution and by the provisions provided by the law.
- To provide a list of candidates to be nominated as Federal Attorney General, appoint that public servant and present an objection if the President asks for the removal of the Federal Attorney General according to the Part A of the 102nd Article of this Constitution.
- Other exclusive powers conferred by this Constitution
Each of the Houses may, without the intervention of the other one:
- Pronounce resolutions regarding its internal economic affairs.
- Communicate with the other House and with the President of the Republic through internal committees.
- Appoint the employees for its own secretary’s office and issue regulations for it.
- In the event of a vacancy of a seat awarded according to the principle of majority voting, the House in question shall call to extraordinary elections within the 30 days after the vacancy appears. Elections shall be carried out within the 90 days after the call (see Article 63 of this Constitution). Except in the case the vacancy occurs in the last year of the term.
Section IV. Permanent Committee
During recesses of the Congress of the Union, there shall be a Permanent Committee composed of 37 members; 19 shall be Representatives and 18 shall be Senators, appointed by their respective House the day before the closing of the ordinary period of sessions. A substitute shall be appointed for each member of the Permanent Committee.
Besides the powers conferred by this Constitution, the Permanent Committee shall have the following powers:
- To consent the use of National Guard in the cases described in the Article 76, paragraph IV.
- To receive the President of the Republic’s oath, if applicable.
- To resolve issues within its jurisdiction. To receive bills, comments to the bills made by the President of the Republic, and proposals, as well as to dispatch them to the appropriate commission to be resolved in the next ordinary period of sessions.
- Agree by its own means or by proposal of the Executive the call for an extraordinary period of sessions in one or both Houses of the Congress. The call shall be approved the vote for two-thirds of the present congressmen/congresswomen. The call shall clearly state the reasons and objectives for the extraordinary sessions. When the reason for the extraordinary call is because the General Congress needs to become an Electoral College to appoint the interim or alternate president, the approval for the call shall only require the votes of the majority of the present members.
- (Removed by the decree published on February 10, 2014)
- Granting a leave for up to sixty natural days to the President of the Republic.
- Ratify 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 Forces, according to the terms set by the law;
- To receive and resolve requests of leaves submitted by congressmen/congresswomen.
Section V. The Federal Auditing Office
The Federal Auditing Office, which belongs to the House of Representatives, shall have autonomy regarding technical and managerial matters, as well as regarding its internal organization, functioning and decisions, according to the law.
Auditing function shall be exercised according to the principles of legality, definitiveness, impartiality and reliability.
The Federal Auditing Office shall begin with the auditing process on the first working day of the of the next fiscal year regardless that the observations or recommendations that in the case result shall refer to the definitive information presented in the Public Account.
In regard to the planning of the auditing procedures, the Federal Auditing Office shall request the information of the current fiscal year in regard to the finished processes.
The Federal Auditing Office shall be responsible for:
- Auditing, in a posterior manner, the revenues, expenditures, debts; the loans that in the case the Federal Government grants to local and municipal governments; the management, the safekeeping and use of funds and resources belonging to the Powers of the Union and to the federal agencies. The Federal Auditing Office shall audit, as well, the fulfillment of the objectives included in the several federal programs, using the reports submitted according to the law.The Federal Auditing Office shall also supervise directly 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. In case the States and Municipalities have loans granted by the Federal Government, the Federal Auditing Office shall oversee the management and use of the corresponding resources. This Office will also supervise the use of federal resources granted to any public or private entity or individual, those transferred to trusts, mandates, funds or any other legal instrument, in accordance with the procedures established by law and without damage to other authorities’ jurisdiction and to the users’ rights.
Entities that are subjected to fiscal supervision according to the previous paragraph, shall accurately do and register their accounts, report the use of federal patrimony and detail the use of the budget transferred to them, in accordance with the criteria established by law.
Despite the principle of annuity, the Federal Auditing Office can request and review concrete information of previous years to that of the public account being revised, this faculty does not mean that the public account of that year has been opened again. The request for information may only be reopened when the program covers more than one year or when fulfillment of objectives is under revision. However, comments and recommendations issued by the Federal Auditing Office shall only refer to the public account belonging to the year under revision.
Regardless of the provisions in the previous paragraphs, the Federal Auditing Office, pervious authorization of its chief officer, may review government agencies during the current fiscal years or their information for past fiscal years in the situations described by the law and as consequences of accusations or lawsuits. The government agencies shall give the information requested by the Federal Auditing Office within the time limits considered by the law, if the entity does not meet the deadline and formalities, it shall be punished according to the law. The Federal Auditing Office shall submit a report about the case to the House of Representatives and, if applicable, it shall fix responsibilities or initiate responsibilities before the Administrative Courts, the Anti-Corruption Prosecution Office or the appropriate authority.
- The Federal Auditing Office shall submit to the House of Representatives the individual auditing reports of public account of the respective fiscal year that they have concluded on the last working day of the months of June and October, as well as February 20 of the next year. On this same date the Fiscal Auditing Office shall submit the General Executive Report of the Public Accounts Audit, which shall be considered by the floor of the House of Representatives. This report shall be public and shall include audits, opinions, justifications and observations that the government agencies have presented.For this purpose, before the submission of the general executive report and the individual reports to the House of Representatives, the Federal Auditing Office shall notify the entities under revision about the results obtained from their public accounts, so that they could submit the pertinent justifications and explanations.
The Head of the Federal Auditing Office shall send to the entities under revision the individual reports with recommendations and measures suggested no later than 10 business days after submission of the report to the House of Representatives. The entities under revision shall, within 30 business days, present the appropriate information and carry out the suitable measures. The law shall establish punishments for failures thereof. This provision shall not apply to the lists of accusations, which shall observe the procedures and terms established by law.
The Federal Auditing Office shall, within a 120 business days term, answer the explanations and justifications submitted by the entities under revision. Failure to do so means that explanations and justifications have been accepted.
Regarding fulfillment of recommendations, the entities under revision shall describe the improvements carried out or justify the inappropriateness of the measures suggested by the Federal Auditing Office.
On May 1 and November 1 of every year, the Federal Auditing Office shall submit to the House of Representatives a report about the progress of recommendations and measures suggested to the public entities in the individual reports. This report shall be public and the Federal Auditing Office shall describe the amounts that the Federal Treasury have received or the amounts that have been restore to the estate of the Government Agencies as consequence of their audits or legal procedures presented before Administrative Courts.
The Federal Auditing Office shall keep on reserve its acts and comments until the general report and the individual reports have been submitted to the House of Representatives. The law shall establish appropriate punishments for offenders thereof.
- Investigation of actions or omissions related to irregularities or illicit conducts about income, expenditures, management, safekeeping and use of funds and federal resources. The Federal Auditing Office can make home visits only to review the books, documents and files necessary for the investigation, in accordance to the law and formalities.
- As a result of its investigations, the Federal Auditing Office shall establish the damages and losses affecting the public finances or public assets in order to set the responsibilities and liability actions before the Administrative Courts and the Anti-corruption Prosecution Office of the responsible federal public servants and according to the second paragraph of the first item in this article to the responsible public servants of the states, the Federal District and the municipalities.
The Head of the Federal Auditing Office shall be appointed by the two-thirds of the members present in the House of Representatives, in accordance with the procedure established for this purpose. The head of the Federal Auditing Office is appointed to serve for a period of eight years and may be appointed again once only. He may be removed, exclusively for serious misdemeanor described in the law, by the vote of two-thirds of the members present in the House of Representatives. He may be also removed due to the causes established in the Title Four of this Constitution.
To qualify for the position of Head of the Federal Auditing Office, it is necessary to fill the requirements established in paragraphs I, II, IV, V and VI of the Article 95 of this Constitution, as well as the other requirements established by the law. While holding the office, the Head of the Federal Auditing Office cannot join any political party nor perform any other job, position or assignment, except for unpaid services in scientific, educational, cultural or altruistic institutions.
The different Powers of the Union, the states and the government agencies subjected to revision shall assist the Federal Auditing Office in carrying out its work. This provision applies also to federal and local employees, as well as to any private or public entity, trust, mandate or fund that uses public federal resources. This provision does not damage the jurisdiction of other authorities nor the user’s rights of the banking system. Refusal to assist the Federal Auditing Office with the information required shall be punished according to the law.
The president of the Republic shall apply an administrative proceeding to enforce payment of compensations and pecuniary penalties defined in the paragraph IV of this article.