and therefore confine it to the establishment of broad and general principles," as said by the great Chief Justice in Bank vs. Deveaux, 5 Cranch. 87. To quote from him again in Cohen vs. Virginia, 6 Wheaton 387: "The constitution is framed for ages to come and is designed to approach immortality as nearly as human institutions can approach it." The Supreme Court, speaking through Mr. Justice Holmes, has said: "Constitutions are intended to preserve practical and substantial rights and not to maintain theories." Davis vs. Mills, 194 U. S. 457. Bearing in mind these general principles, an examination of the Mexican Constitution of 1917 will disclose it wanting in all of them.

It may be interesting to note at the beginning, that it was not adopted in the form prescribed in the constitution which it supersedes. The constitution of 1857, presumably constituting the fundamental law of Mexico until superseded, by the terms of its Article 147 provides: "The present constitution may be amended or revised. No amendments shall become part of the constitution if not agreed upon by the Congress of the Union by a vote of two-thirds of the members present and approved by a majority of the legislatures of the states. The Congress of the Union shall count the votes of the legislatures and make the declaration that the amendments have been adopted."

The new constitution seems to have been framed by a convention consisting of delegates from a portion only of the states of the Mexican Republic; that is to say, those states that in the early part of this year were under the control of what is commonly known as the Carrancista Government. The constitution so framed, receiving the approval of what might probably not inaptly be termed a "rump" congress holding over from the last de jure congress, has now been promulgated as the true Constitution of Mexico, and, I take it, must be accepted as the de facto constitution of that country, however questionable its title de jure. Certainly it is not a constitution adopted by twothirds of the members of the de jure and de facto Congress of the Mexican Union, approved by a majority of the legislatures of the several states.

The constitution of 1857 bore many striking resemblances to the Constitution of the United States of America. The constitution of 1917 bears many such resemblances, but it is unlike the

American Constitution in very many respects, in some being much more like the most recent constitutions of American states. The new constitution declares (Article 40, Chapter I, Title II): "It is the will of the Mexican people to constitute themselves into a democratic, federal, representative republic, consisting of states free and sovereign in all that concerns their internal affairs, but united in a federation according to the principles of this fundamental law.

"ART. 41. The people exercise their sovereignty through the federal powers in the matters belonging to the Union, and through those of the states in the matters relating to the internal administration of the latter. This power shall be exercised in the manner respectively established by the constitutions, both federal and state. The constitutions of the states shall in no case contravene the stipulations of the federal constitution."

Under the constitution the 1857 the true title of that government was the United Mexican States; under the constitution of 1917 the true title of the government is the United States of Mexico, and as now composed consists of 28 states, 4 territories and a federal district corresponding to our District of Columbia. Under the constitution of 1917, as under that of 1857, and as under our own, the powers of the government are divided into legislative, executive and judicial, and it is expressly provided that two or more of these powers shall never be united in one person or corporation, nor shall the executive power be vested in one individual except in the case of extraordinary powers granted to the executive in accordance with the provisions of Article 29, which we shall have occasion to examine a little later, and which reads as follows:

"ART. 29. In cases of invasion, grave disturbance of the public peace, or any other emergency which may place society in grave danger or conflict, the President of the Republic of Mexico, and no one else, with the concurrence of the Council of Ministers, and with the approval of the Congress, or if the latter shall be in recess, of the Permanent Committee, shall have power to suspend throughout the whole republic or in any portion thereof, such rights as shall be a hindrance in meeting the situation promptly and readily, but such suspension shall in no case be confined to a particular individual, but shall be made by means of a general decree and only for a limited period. If the suspension should occur while the Congress is, in session, this body shall grant such powers as in its judgment the executive may need to meet the situation; if the suspension occur while the Congress is in recess,

the Congress shall be convoked forthwith for the granting of such powers.

LEGISLATIVE POWER.

The legislative power of the United States of Mexico is vested by the new constitution, as it was by the old, in a general Congress which shall consist of a House of Representatives and a Senate. The House of Representatives consists of representatives of the nation, all of whom shall be elected every two years by the citizens of Mexico, one representative to be chosen for each 60,000, or any fraction thereof exceeding 20,000, on the basis of a general federal census of the district and of each state and territory. Every state or territory shall have at least one representative regardless of the amount of population. The representatives are to be elected by a direct vote of the people; they must be citizens by birth and under no legal disability; they must be over 25 years of age on the day of election; they must be natives of the states or territories respectively electing them, or domiciled and actual residents therein for six months immediately prior to the election. They must not be in the active service of the federal army, nor in command of any police force or rural constabulary in the district where the election takes place, nor must they have been during the 90 days immediately prior to the election. They shall not hold office as secretary or assistant secretary of any executive department, nor justice of the Supreme Court, unless they shall have resigned therefrom 90 days prior to the election, and no state Governor, secretary of state of any state, or state judge shall be eligible in the district within their several jurisdictions, unless they have resigned at least 90 days prior to the election; no minister of any religious creed is eligible.

The Senate shall constist of two Senators from each state and two from the federal district, chosen in direct election (Article 56). The Senators shall serve for four years, one from each state retiring every two years, and the qualifications are the same as those of a Representative, except that the Senator must have attained the age of 35 years on the day of election. By Article 61 both Senators and Representatives are guaranteed immunity for all opinions expressed by them in the discharge of their duties. Both Representatives and Senators are prohibited from accepting

any other office, federal or state, or accepting a commission of any kind, federal or state, for which any emolument is received, without previous permission of the House of which he is a member, and in the event that any Senator or Representative accepts any such commission or office, he shall forthwith lose his representative character for such time as he shall hold such appointive office, violation of this provision being punished by forfeiture of the office as Representative or Senator, as the case may be. Reasonable provisions are made for enforcing attendance of members. Regular sessions of the Congress shall be held each year, beginning on the 1st day of September and ending by operation of law not later than the 31st day of December. Congress may be called in extraordinary session, or either House may be called in extraordinary session, when in the judgment of the President that becomes necessary. The Houses must meet at the same place and shall not move to another place to hold their sessions without having first agreed upon the time, the manner and place of so doing.

By the terms of Chapter II of Title III, at the same time and in the same manner that Representatives and Senators are elected, alternates for each must be elected, possessing the same qualifications the principals have, to the end that should the principal fail for any reason to discharge his functions there shall exist no vacancy in the office, but that the rights, privileges, duties and emoluments conferred by the constitution or the laws upon the principal shall forthwith devolve on the alternate who shall thereafter discharge all the duties resting on such Representative or Senator, as the case may be.

By Section II of Article 71, Title III, the right to originate legislation pertains first to the President of the republic, second to the Representatives and Senators of the Congress, and third to the state legislatures, with the proviso that all bills submitted by the President of the republic, by state legislatures, or by delegations of the states, shall be at once referred to committee, whereas those introduced by Representatives or Senators shall be subject to the rules of procedure. Provisions are made for reference to committees and consideration of proposed laws by the House and Senate, respectively, which are not dissimilar to those ordinarily found in American state constitutions. Provisions for

vetoing by the executive and procedure in cases of veto are substantially those with which American lawyers are familiar.

By Section III of Title III the powers of Congress are prescribed and defined. In so far as they vest general legislative authority in the Congress, they are not materially different from the provisions in the American Constitution or in the constitutions of the several states. In certain respects, however, they are radically different. For instance, under section IV of Article 72 power is expressly given to the Congress to settle finally the limits of the states, terminate differences which may arise between them relative to the demarcation of their respective territories "except when the difference be of a litigious nature."

By Section IX of Article 73 it is provided that the Congress shall have power "to enact tariff laws on foreign commerce and to prevent restrictions from being imposed on interstate commerce." This is the interstate commerce clause of the Mexican Constitution.

Congress is especially authorized to legislate for the entire republic in all matters relating to mining, commerce and credit institutions, and to establish the sole bank of issue as provided for in Article 28 of the constitution; to create and abolish federal offices and to fix, increase or diminish the compensations assigned thereto; to declare war; to regulate the manner in which letters or marque may be issued; to enact laws according to which prizes on land and sea shall be adjudged valid or invalid; and to frame the admiralty law in times of peace and war. It is authorized to raise and maintain an army and navy; provide for a national guard, reserving, however, to the citizens who compose it the right to appoint their respective commanders and officers, and to the states the power of instructing it in conformity with discipline prescribed by the regulations of the federal government. It is authorized to enact laws on citizenship, naturalization, colonization, immigration and public health, the latter, however, being placed under the especial charge of the Chief Executive without the intervention of any executive department. It is authorized to enact laws on means of communication, post roads and post offices; to establish mints, regulate the value and kinds of the national currency, fix the value of foreign moneys and adopt a general system of weights and measures; to make rules