The Mexican Lawmaking Process: Bills To Laws

The Mexican legal system is rooted in civil law, with historical influences from Spanish law and pre-Columbian indigenous law. The current Mexican Constitution, also known as the 1917 Constitution, establishes a federal, democratic, and representative republic with a division of powers into executive, legislative, and judicial branches. The legislative branch, consisting of the Senate and the Chamber of Deputies, has the power to initiate legislation, with the Chamber of Deputies holding exclusive authority over bills concerning loans, taxes, imposts, and troop recruitment. For a bill to become a law, it must pass both chambers by a majority vote and be promulgated by the President, who also has the power to veto legislation.

Drafting a bill

The legislative process in Mexico is complex, with a long history and many unique social, racial, political, religious, and economic influences. The country's legal system is based on the Civil Law Tradition, stemming from its historical association with Spain.

A bill is a proposal for a new law or an amendment to an existing one. The idea for a bill can come from anyone, including constituents, organisations, and businesses. However, it is important to note that only the Chamber of Deputies can initiate bills concerning loans, taxes, imposts, and the recruitment of troops. The executive branch, which includes the President, initiates almost all legislation and certainly all legislation of any consequence.

When drafting a bill, it is crucial to consider the following steps:

Step 1: Identify the Need for a New Law or Amendment

The first step in drafting a bill is to identify a need for a new law or an amendment to an existing one. This could be due to changing social, economic, or political circumstances, or it could be in response to a specific issue or problem that needs to be addressed.

Step 2: Research and Consultation

Before drafting a bill, it is essential to conduct thorough research and consult with experts, stakeholders, and the public. This step helps ensure that the bill is well-informed, practical, and responsive to the needs and concerns of those who will be affected by it.

Step 3: Define the Purpose and Objectives

The bill's purpose and objectives should be clearly defined and aligned with the needs identified in Step 1. This step involves outlining the specific changes or additions to the law and determining the expected outcomes and benefits of the proposed legislation.

Step 4: Drafting the Bill

The actual drafting of the bill requires careful consideration of the language used and the specific details included. It is crucial to ensure that the bill is clear, concise, and free of ambiguity. The bill should also be consistent with existing laws and the Mexican Constitution, which serves as the source and origin of all Mexican law.

Step 5: Review and Revision

Once the initial draft is complete, it should be reviewed by legal experts and stakeholders for feedback and input. This step may involve multiple revisions to ensure that the bill is legally sound, achievable, and responsive to the needs and concerns of those who will be affected by it.

By following these steps and considering the unique context of Mexico's legal system, individuals can effectively draft bills that have a higher chance of becoming laws and positively impacting the country.

Introducing the bill

The first step in the legislative process is for a member of the Chamber of Deputies or the Senate to sponsor a bill. Anyone can come up with the idea for a bill, including constituents, organisations, and businesses. The legislator who introduces the bill is known as the sponsor, and anyone else who chooses to sponsor the legislation becomes a co-sponsor. All bills are assigned a number and are sent to committee by their chamber leadership.

The committee will hear the bill and allow the public to testify in support or opposition of the proposed law. After hearing the testimony, committee members can take one of several actions:

• Recommend that the bill “Do Pass”, “Do Pass as Amended”, or “Do Not Pass”
• Replace the bill with a similar bill that includes the reworks of the committee
• Recommend that the bill be sent to another committee
• Allow the bill to die by “tabling” it and not taking any further steps

If the committee votes in favour of the bill, it is reported to the floor. This procedure is called "ordering a bill reported". Once the bill reaches the floor, there is additional debate and members of the full chamber vote to approve any amendments. The bill is then passed or defeated by the members' voting.

Committee review

In Mexico, the legislative branch of the federal government is made up of the Senate and the Chamber of Deputies. Each new bill must pass both chambers by a majority vote. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill.

The committee will hear the bill and allow the public to testify in support or opposition to the proposed law. After hearing the testimony, committee members can take one of several actions:

• Recommend that the bill “Do Pass”, “Do Pass as Amended”, or “Do Not Pass”
• Replace the bill with a similar one that includes the reworks of the committee
• Recommend that the bill be sent to another committee
• Allow the bill to die by “tabling” it and not taking any further steps

If the bill passes both the House and Senate chambers, it is signed by the chairing officers of both houses and sent to the governor.

The committee review process is a crucial step in the legislative process, as it allows for careful examination and discussion of the bill before it is put to a vote. It also provides an opportunity for public input and ensures that the bill is thoroughly vetted and amended as needed before becoming law.

Voting by the chamber

In Mexico, the legislative branch of the federal government is made up of the Senate and the Chamber of Deputies. Each new bill must pass both chambers by a majority vote. Once a bill has been passed by the Senate and the Chamber of Deputies, it is sent to the president for promulgation.

The Chamber of Deputies is comprised of 500 deputies, each elected to a 3-year term. Three-fourths of the deputies are elected by direct popular vote, with the remaining one-fourth selected in proportion to the votes received by each political party. Deputies cannot be re-elected for an immediately succeeding term.

The Chamber of Deputies is unique in that it is the only chamber that can initiate bills concerning loans, taxes, imposts, and the recruitment of troops. However, in practice, the executive branch initiates almost all legislation and certainly all legislation of any consequence.

During the voting process, members of the full chamber vote to approve any amendments. The bill is then passed or defeated by the members' voting. If the bill is passed, it is referred to the other chamber, where it usually follows a similar route through committees and, finally, to the floor.

Presidential approval

In Mexico, the President has the power to approve or veto a bill. The President has 10 days to sign or veto an enrolled bill. If the President approves the bill, they sign it into law. If the President does not approve, they may veto it. The legislative branch can override the veto with a two-thirds majority vote in each chamber.

The President also has the power to remove a Supreme Court justice with the approval of the Senate and the Chamber of Deputies. The President nominates candidates for the Supreme Court, and the Senate can approve the nomination with a two-thirds majority. If the Senate does not act on the nominations within 30 days, approval becomes automatic.

The executive branch, of which the President is the head, can initiate almost all legislation and certainly all legislation of any consequence. The President also has broad powers of appointment and removal, fiscal powers, and control of the military.

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