On March 19th, 2012 Spain commemorated the bicentenary of the proclamation of its first Constitution.The history of the text relates the events unleashed by the invasion of Napoleon's troops to the Iberian Peninsula, the abdication of the Spanish kings in favor of the French and the beginning of popular uprisings in Madrid against the French invaders in may 1808.Before giving up the throne, Fernando VII decreed the transfer of power to a Governing Board and called for the courts of the Kingdom to save the motherland; It was formed as the Supreme Central Executive, political body that defined the Spanish nation as "the totality of the Spaniards of both hemispheres" and denied the colonial condition of Latin America with the publication of the Decree of 22nd January 1809.This Decree involved the recognition of equal rights between American and Peninsular Spaniards.In this way, the following article presents the development of the constitutional discussion in the Cortes of Cadiz to implement immediate -1810 -equal representation required by the American Government which claimed ignorance of the acquired rights.