<<

Social Education 73(7), pp 321–324 ©2009 National Council for the Social Studies Looking at the Law : Democracy and the Future

Kathleen Bruhn

exico has been moving slowly toward full democratic development. In this article, reprinted from the ABA’s magazine for secondary teachers, Insights on Law & Society, Spring 2009, political scientist Kathleen Bruhn analyzes the transi- Mtion from historic one-party rule in Mexico to the current day, where three political parties—spanning the ideological spectrum—vie for the presidency and seats in the congress.

During most of the twentieth century, Mexico was governed by one of the A protester throws a bag of red paint towards police during a march against President Felipe Calderón in , December 1, 2006. Calderón took power that day as longest-ruling authoritarian parties in Mexico’s president despite claims from the left that he stole July’s election. the contemporary world. Even as most REUTERS/Daniel Aguilar (MEXICO) Latin American countries democra- tized in the 1980s, Mexico remained under the control of the Institutional Revolutionary Party, or PRI. It was not until the 2000 presidential election that a two-party system emerged, culminating in the victory of conservative National Action Party (PAN) candidate , followed in 2006 by the election of Felipe Calderón, also of the PAN. Today, Mexico is a democracy. Yet many of the legacies of its authoritarian government remain, making Mexican democracy both less complete and less stable than established democracies. In this article, I examine the transformation of Mexican politics, the characteristics of the politi- cal system, and some challenges that democracy faces.

The PRI System The PRI regime traces its roots to the (1910-1917). The revolution began when wealthy north- erner Francisco Madero called for a popular uprising against President had been executed or assassinated. In Lázaro Cárdenas (1934-1940) proposed Porfirio Díaz, who had governed Mexico 1929, President Plutarco Elias Calles to demobilize them by distributing land for over 30 years. Madero only meant called for a different way to transfer and bringing the peasants into the ruling to call for elections, but he got a social power. His solution was a ruling party party. In the system he devised, known revolution, mobilizing peasants around that would share power among the revolu- as corporatism, affiliated organizations demands for land. tionary factions. This party would avoid got state support, monopolies, benefits, During the next seven years, a vicious destructive rivalries by dispensing with and representation in congress. In return, power struggle pitted members of the competitive elections. they gave the PRI electoral support and “revolutionary family” against each other. The revolution also left behind a politi- accepted government-controlled selec- By 1929, most of the revolution’s leaders cally mobilized peasantry. President tion of their leadership. In time, these

November / December 2009 321 leaders became more loyal to the presi- the size of the working class grew, so Rising Levels of Education and dent than to their own members. did the costs of subsidizing them. The Wealth Finally, the ruling party devised an industries remained inefficient, which By the 1980s, Mexican sociey had electoral system that permitted other constrained their ability to export prod- changed dramatically from 1929. A parties to compete but gave the PRI the ucts. When they reached the limits of mostly poor, agricultural, illiterate soci- power to determine the results. Allowing domestic demand, the economy began ety became an urban, industrial, and opposition parties—and beating them by to slow. Public and private debt began increasingly educated society. The first 80 to 90 percent—gave the PRI a façade to expand dramatically. signs of this shift emerged in 1968, when of democratic legitimacy without endan- The crash came in 1982, when a col- a powerful student movement led by high gering its control. Opposition parties lapse in world oil prices triggered a major school and university students demanded were given just enough representation debt crisis for oil-exporting Mexico. The more political freedom. Although this to keep them playing the game. government declared imminent default movement was crushed by the Mexican For 60 years, this system operated on its debt and asked for emergency military, it was instructive that pressure effectively. The PRI never lost a gover- loans from the International Monetary for democracy began among the most norship or a senate race and never won Fund (IMF). Mexico had to accept dras- educated segment of society. less than two-thirds of the Mexican tic conditions, including budget cuts, Democratic theory tells us that societies Congress. Because he also controlled higher interest rates, and caps on wages, with wealthy, educated populations are who could become PRI candidates, which triggered a severe recession. more likely to support stable democracy. the president of Mexico had extraor- This crisis had two major effects on Democracy requires a people capable dinary power. A docile congress would the PRI. First, it no longer had enough of reading and interpreting information pass whatever legislation he proposed. resources to pay off supporters. Without about candidates and policies. Moreover, Governors resigned if he asked. His a steady stream of rewards, the politi- educated people commonly feel that they only limitation was that he could serve cal coalition began to unravel. Labor have the capacity and the right to make a single six-year term—no re-election. unions and peasant organizations did such choices. Finally, as incomes rise, To ensure that the transition would not not challenge the PRI; indeed, these people have more time and energy to unleash dangerous competition, he had groups often cooperated with draconian devote to political activity. the power to name his own successor. policies to freeze wages because their This also protected his position after leadership had long ago been captured The Growth of Civil Society he left office. by the PRI and maintained in power In fact, political activity did increase. By through undemocratic internal practices. the 1990s, a growing number and variety Democratization Nevertheless, workers and peasants of popular organizations operated inde- The PRI system always had critics, but increasingly failed to obey labor leader pendently of the PRI. Cities grew so rap- until the 1980s, these challenges had demands that they continue their tra- idly during Mexico’s development that limited effects. What changed? Three ditional electoral support for the PRI. there were enormous backlogs in public factors stand out: Business also began to back opposition services. Shantytowns created from sal- parties, particularly the PAN, after vaged materials sprang up on marginal The Economic Crisis of the 1980s President José López Portillo’s national- land. They lacked electricity, plumbing, From the 1930s to the 1980s, Mexico ization of the banks in 1982 convinced or clean running water. Neighborhoods adopted a development policy that them that they could not trust the PRI to organized to pressure the government for relied heavily on state intervention in protect their property. Finally, Mexico’s these services. Feminist organizations, the economy. Mexican businesses were shift to a free-market model meant that environmental organizations, and human privately owned but worked in partner- state protection was no longer available, rights organizations were also created by ship with the state, receiving subsidies of further reducing incentives to support middle-class residents. key inputs like electricity and enjoying the government. In 1988, many of these organiza- protection from foreign competition. Second, the PRI’s popularity dete- tions came together in support of the The state also provided benefits to work- riorated. A decade of high inflation and presidential candidacy of Cuauhtémoc ers, including health care. The economy stagnant economic growth wiped out the Cárdenas, a PRI insider and only son of grew rapidly, which satisfied most other gains of two decades of development. President Lázaro Cárdenas. He broke sectors of the economy. As a result, the Poverty increased; middle-class pro- with the PRI over market reforms and PRI enjoyed ample popular support. fessionals and workers lost their jobs, the party’s refusal to allow him to com- There were, however, problems. As and everyone blamed the PRI. pete for its presidential candidacy. His the number of protected industries and campaign relied heavily on networks of

Social Education 322 popular organizations. In the end, the change the institutional framework of countries with pure proportional PRI resorted to massive electoral fraud to of Mexican politics. The Mexican representation. There are three major deny him victory, leaving another major Constitution is loosely modeled on the parties that together win over 90 percent stain on its legitimacy. U.S. Constitution. It is a presidential of the seats. The parties are relatively The 1988 campaign also marked the system, with a Senate and a Chamber stable, disciplined, and ideologically foundation of Mexico’s main left party, of Deputies, and an independent judi- distinct from one another—the PRD the Party of the Democratic Revolution, cial branch. Formally, it is a federal on the left, the PAN on the right, and or PRD. Over the next 12 years, the PRD system, which means that state and the PRI in the center. Despite its recent worked tirelessly for electoral reform national governments share power and setbacks, the PRI continues to operate and democratic change. Although the are separately elected. It has 31 states in all Mexican states and in fact governs PRD did not benefit directly (the con- and a Federal District (Mexico City). more states than any other party. It often servative PAN won the 2000 presidential The Mexican president is only slightly acts as a partner to the PAN in passing election that ended the PRI’s rule), its more powerful vis-à-vis the legislature legislation but sometimes takes the side contributions to Mexico’s democratic than the U.S. president, but the judicial of the PRD to oppose a presidential transition are incalculable. The PRD branch is significantly less powerful initiative. The current PAN president, was the first viable political threat to than its American counterpart. Mexico’s Felipe Calderón, has proven particu- the PRI. More importantly, the fact that Supreme Court only acquired the power larly adept at negotiating deals with the this threat came from the left gave the of judicial review (the power to declare parties in congress. He has been able to PAN leverage to make a series of deals. In a law unconstitutional) in the 1990s. pass several important reforms, includ- exchange for PAN support of economic It does not have a tradition of acting ing to the tax and criminal justice codes. reforms, the PRI’s pro-market reformers independently of presidential wishes, His success, however, has depended accepted opposition electoral victories and access to the court is more limited heavily on his personal skills. (of the PAN) and negotiated reforms that than in the United States. Any U.S. removed elections from direct PRI super- citizen can appeal to the U.S. Supreme Consolidation of Democracy? vision. The experience of governing gave Court, but only specific actors (such In addition to the legislative gridlock, opposition politicians credibility and as legislators) can bring cases to the Mexico still faces a number of chal- reassured voters that electing candidates Mexican Supreme Court. lenges. from the opposition would not lead to One of the most significant differences The first and most critical challenge disaster. The electoral reforms created a between the United States and Mexico is is the rule of law. Due to the legacy more level playing field and sealed the end the electoral system. The United States of authoritarian rule, Mexico never of the PRI’s one-party regime. Ironically, uses a plurality system, in which the developed an independent and effi- the PRD challenged these same institu- candidate with the most votes wins the cient court system. This has two major tions after an excruciatingly narrow loss seat. Mexico uses a mixed electoral sys- consequences: (1) investors cannot (less than 1 percent margin) in the 2006 tem for its legislature. In the Chamber count on speedy and impartial enforce- presidential election. PRD candidate of Deputies, for example, there are 300 ment of contracts and property rights, Andrés Manuel López Obrador charged plurality district seats, but there are also which reduces investment and economic the PAN with electoral fraud and led 200 proportional representation seats. growth; and (2) criminal prosecution is nearly six months of mass demonstrations Parties end up with roughly the same ineffective. As a result, citizens suffer attempting to prevent the inauguration percentage of seats as their percent- growing problems of public security or of Felipe Calderón. Although the PRD age of the vote nationwide. As a result, take the law into their own hands. Chief has since returned to normal behavior instead of a legislature where one party among the security threats is an increas- in the Mexican legislature, the fact that nearly always controls a majority, as in ingly violent confrontation between many of its followers remain less than the United States, Mexico’s legislature the government and powerful Mexican fully committed to the current set of legal since 1997 has never had a one-party drug cartels. norms regarding elections is a troubling majority. This can make it hard to pass The second problem is a long-standing indication that Mexico’s democracy has legislation. Putting together a majority one—poverty and inequality—which not yet consolidated. requires negotiation between at least worsened, as Mexico turned toward free two parties. markets. Inequality can cause political The Contemporary Political On the other hand, the existence unrest, and it has also slowed economic System of plurality districts tends to reward growth. Too few have the Though historic, the election of PAN larger parties. Thus, the Mexican party education, care, and skills necessary president Vicente Fox in 2000 did not system is less fragmented than those to make them productive citizens in

November / December 2009 323 a democracy. Likewise, too few have in order to allow the Mexican economy Discussion enough access to capital to start their to adjust and become more competitive. own businesses. Although the primary responsibility Questions These two problems contribute to rests with Mexicans themselves, it is the third problem—an economy that in the interest of the United States to 1. What are the key elements of a grows more slowly than countries encourage and support these develop- democracy? How does Mexico with similar profiles and too slowly ments, as a consolidated democracy serve as a democratic model? to provide jobs for its young popula- on our southern border is certainly What challenges do Mexicans tion. When Mexican economic growth better than an unstable or anarchic continue to face? slows, immigration to the United States system. 2. What factors led to the demise increases. Poor economic performance of one-party political rule in also creates dissatisfaction and may Kathleen Bruhn is professor of political Mexico? undermine legitimacy. science at the University of California, Santa Mexico will probably muddle through Barbara. She teaches and conducts research in the near term as a less-than-perfect in comparative politics in Latin American 3. Can yon identify some of the Studies and is the co-author of Mexico: the similarities and differences in democracy. But these challenges must Struggle for Democratic Development (Uni- the political systems of Mexico be confronted in Mexico’s democracy versity of California Press, 2nd ed., 2006). and the United States? to endure and meet citizen’s needs in the long term. U.S. nongovernmental 4. How does Mexico’s success or organizations (like the ABA) as well failure as a democracy impact as the U.S. government may have a role the nation’s neighbors, such as The views expressed in this article are those of the to play in helping Mexico to meet these authors and have not been approved by the House of the United States and Latin challenges. One example might involve Delegates or the Board of Governors of the American America? Bar Association, and, accordingly, should not be con- U.S. acceptance of a slowdown or even strued as representing the policy of the American reversal of some NAFTA requirements Bar Association.

Awards and Grants

HighLaw school in the students 21st Century: nationwide Enduring are Traditions,Since 1946, Emerging the Fulbright Challenges Teacher invited to participate in the 2008–2009 Exchange Program has helped nearly “BeingAs we an begin American” the second Essay Contest,decade of which the 21st century,23,000 the teachers law is changing and administrators dramatically, seeking to shape and adapt to new conditions. Economic markets are becoming global, explorestransactions the rights require and cultural responsibilities adaptation ofand understanding,contribute populations to mutual are understanding more mobile, Americanand communication citizen ship. technologies Administered such by as the betweenInternet bridge the United distances States and and time countries zones theto Billform of new Rights communities Institute, around a non-profit the world. Allaround of us must the renew world. our For commitment U.S. teachers, to the this JAMES MADISON educationalenduring principles organization of law, become outside knowledgeable of opportunity about other involves legal systems, a year, semester, recognize or the need to adapt our practices, and acquire new cultural understandings. In a global era, GRADUATE FELLOWSHIPS Washington, DC, the contest offers cash six-week direct exchange of teaching matters such as human rights, criminal justice, intellectual property, business transactions, AVAILABLE UP TO prizesdispute totaling resolution, more human than $189,000 migration, to and environmentalpositions with regulation a counterpart become in not another just bothinternational students issuesand their but teachers,shared concerns. as well Law Daycountry 2010 teaching provides usthe with same an subject(s)opportunity at to understand and appreciate the emerging challenges and enduring traditions of law in $24,000 as all-expenses paid trips to the nation’s the same level. Fulbright program staff the 21st century. Available to secondary school teachers of American capital to see historical sites as well as match U.S. and overseas candidates in history, American government or social studies to viewVisit the www.lawday.org federal government for more in information action. onthe Law spring Day 2010 of each and foryear. resources, Each candidate lesson undertake a master’s degree program emphasizing plans, student activities, and materials for your Law Day program. the roots, principles, framing and development of The contest challenges high school and each school must approve the the U.S. Constitution. students to address the following ques- proposed matched-exchanges before Fellowships pay the actual cost of tuition, fees, tion:➪ “WhatBe sure civic to value stop doby theyou ABA believe is final selections are made. U.S. teachers books, and room and board. most essentialDivision tofor being Public an Education American?” of social studies (K–college) and other For information and to download an application, visit More booththan 17,000(#441) studentsat the NCSS have Annual par- related subjects may also be eligible to ticipatedConference in the contest this November since it began participate in one of two summer semi- www.jamesmadison.gov for samples of our programs, two years ago. This is the first year in nars in Italy or Greece. For more specific General inquiries can be sent to [email protected], which highresources, school-aged and publications students designedfrom torequirements enhance your andcurriculum. information, please or call, 1-800-525-6928 Don’t forget to enter the raffle for your chance to win prizes! every state will be eligible to enter the see www.fulbrightexchanges.org/base/ apply.asp. James Madison Memorial Fellowship Foundation contest. Deadline for the 2009-10 program

The names of the top three prize year is OctoberSocial 15, Education 2008. LawDay_2010_ad.indd 1 10/14/09 12:32 PM winners in each of nine regions will be 324 announced at a special Washington, DC Awards Gala in the spring of 2009. The The Northeast Asia Council (NEAC) of first place winners in each region, and the Association for Asian Studies (AAS), their sponsoring teachers, will receive in conjunction with the Japan-US $5,000 cash awards; second place win- Friendship Commission, supports a vari- ners $2,500; and third place winners ety of grant programs in Japanese stud- $1,250. Honorable mention prizes of ies designed to facilitate the research of $250 will be awarded to 63 students, individuals, improve the quality of teach- seven from each region. ing about Japan on both the college and Teachers are encouraged to incor- precollege levels, and integrate the study porate the essay contest topic into the of Japan into the major academic disci- classroom. Lesson plans meeting state plines. Individual appli cants must be U.S. and national academic standards and citizens or permanent residents. supplemental materials are available For example, there are grants to at no charge from the Bill of Rights teachers for instructional materials. Institute. These normally will not exceed $1,000. Visit www.BeingAnAmerican.org to find Instructional materials grants may complete rules and lesson plans. include books, CD-ROMS, videos and The contest is made possible by a grant other materials that would assist faculty from the John Templeton Foundation at small institutions who would other- (www.templeton.org). For more information, wise be unable to obtain audio-visual contact: Rachel Bezanson at 703-894- materials for their Japan-related courses. 1776, ext. 25. Deadline for essay sub- Information about this and many other missions is December 1, 2008. grants can be found at www.aasianst.org/ grants/main.htm.

tssp www.socialstudies.org 17