As we enter into the election season, it is well to remember that voting is one of our constitutional duties. The fact that this right is being modified by regulations in different states raises the question of motive.
Are the new state laws on voting designed to institute a better process or are they created to restrict it in such a way that one group of voters has the advantage over another?
That has been the fodder for discussion among political commentators and activist for sometime now.
Other areas of pressure on our Constitution have mostly dealt with the reach of free speech guarantees and the fitness to serve in our highest public office. The President’s involvement in insurrection activities versus the 14th Amendment and the criminality of a President in office versus the notion that he is “immune” from prosecution are other serious questions for our court system to settle.
Those important questions confirm the importance of the Constitution. It also substantiates the concept that we are a nation ruled by laws and not people.
Mexico, our neighbor to the south, is dealing with constitutional questions of its own. Recently, President Lopez Obrador restated his vision of returning to the Constitution of 1917 free of many of its 703 Amendments.
We are approaching the 107th anniversary of the Mexican Constitution that was approved on February 5, 1917. The Constitution represents the “legal triumph of the Mexican Revolution.”
The Mexican Constitution of 1917 was an immediate model, especially in its social rights aspect, for the Russian Constitution of 1918 and the German Wiemar Republic Constitution of 1919. Framed in the structure of the American Constitution and some of the language of the Mexican Constitution of 1857, the 1917 covenant went further in breaking new ground.
For example, it took on the Catholic Church and its national political voice. It also established secular education, land reform and distribution, and renewed sovereignty over national resources.
Of particular note are Articles 3, 27 and 123. These articles most represent the reasons for the discontent that led to the Revolution.
Article 3 secularizes the national educational system as well as radically separates church and state in the matter. This Article and at least 4 others diminishes and practically eliminates the role of the church in national affairs as the institution was seen as basic pillar of the authoritarian state and its tyranny.
The Catholic Church did not go down without a fight as it mobilized its resources and participated in events that led to the “Cristero War” (1926-1929). There is a message here for the so-called Evangelicals and other religious types that are pushing to be part of government and the ruling class of the country.
Article 27 reestablishes control and sovereignty over the country’s resources. The Article was used to expropriate and distribute land as well as reverse foreign interest control of oil.
Article 123 established strong labor rights and ability to unionize. The activities associated with these Articles have helped stabilize the State and garner support of the people.
The 703 Amendments (versus 27 for the US) is because it only takes 2 thirds of the Mexican Congress to pass an Amendment. In America, that is required just to propose one.
The Amendments, especially the more recent ones have hit hard at Articles 3, 27 and 123. Some are justified and others not.
We need to look our Constitution from time to time. For Mexicans, their Constitution will be in full display for thought and comment this month.
The views expressed by David Conde are not necessarily the views of LaVozColorado. Comments and responses may be directed to News@lavozcolorado.com.
