viernes, 24 de octubre de 2014


THE FEDERAL REPUBLIC FREE MUNICIPALITIES OF MEXICO.

"We are in such a unique world that living alone is dreaming and experience teaches me that the man who lives ... dreams." Paraphrasing Calderon de la Barca is the best antidote to survive this time of political campaign proposals without real significance, while the country is bleeding.

Therefore, the truly transcendent necessity to meet and this is federalism and local autonomy as the pseudo politicians are more concerned with living that dream. Few have noticed that SI federalism serves to centralize powers previously scattered, as happened in the United States, also can be used to decentralize powers previously unified, as has happened in unitary states such as Mexico originally.

Ergo, if the federal system is supported through a constitutional country technique used for convenience and efficiency, then why not take that chimera go rancid. Sure, if. I mean that dream where the town reaches the full extent and significance the concept of autonomy, freeing themselves from the shackles laid down in Article 115 of the Constitution.

Or break the straitjackets that have local legislatures have the power to suspend municipalities; revoke the mandate of some of its members, and even declare them missing, is the clearest language castration, cooptation and antithesis of the so-called municipal autonomy that hangs like a sword of Damocles over the heads of the municipalities ... "Dream King who is king and sending live with this deception, disposing and ruling ... ".

The City first appeared in the Public Law of Rome. With the passage of time and to the weakness of the monarchy during the Middle Ages the former municipality, now with Germanic influence strengthened its independence especially in Spain. Since then it has become a natural champion of freedom.

Would not understand the idea of a free municipality in Mexico without first knowing the modern idea of the federal system. This form of government has been determined by the United States.

American federalism was born and developed before and after the War of Independence (1783 1775--). A conference of representatives of the assemblies of the seven colonies met and adopted the so-called "Albany Plan of Union," whose architect was Benjamin Franklin. That first and original program of federal government in 1754 is considered the starting point for all subsequent elaborations. But the Congress was not accepted by the colonial assemblies, considering that they should not in any way give the power to tax and rates.

On the initiative of the camera Massachusetts in October 1765 met in New York the First Intercolonial Congress condemned the revolutionary trends Stamp Act. Thus was born the first concept of Americanism, as the representative of South Carolina said, "We must stand in the vast field of natural rights. Here there should not be citizens of New York and New England, but we are all Americans. "

When Britain tried to punish Massachusetts, the other colonies made ​​common cause with it, which set the tone for the first continental congress and mature North American constitutionalism.

Contrary to spontaneous naturalness that gave life to the federal pact in the United States, Mexico existed as a unitary state when it was adopted and copied the shape of American government in 1824.

When completing the independence of Mexico in 1821, several states were not arising to independent living, but a unitary state corresponding to the former Viceroyalty. Members of the first constituent meeting in 1822, declared previously sent their representatives linked to the new unitary state, including the institutions of Central America (which had not belonged to the New Spain) and then send representatives to the Congress.

Iturbide dissolved by the first Constituent rebellion broke Casa Mata led by Santa Ana. Awakening ambition county councils of the Constitution of Cádiz. But it is the fall of the Empire of Agustín de Iturbide and reinstalled the constituent where some provinces demanded the implementation of the new federal system.

The Second Constitutional Congress enacted its constitution on January 31, 1824 It was there that the first genuinely constitutional decision of the Mexican people was recorded and it first appeared, in fact and in law the states. Prior law did not exist. Nor indeed existed, because the threats of secession by some provinces like Oaxaca, Jalisco and Zacatecas immediately preceding the adoption of this system may not be interpreted as de facto integration of independent states that were never set up, but as a means of constraint and form of rebellion, which is then repeated in our history has provided the authorities declared a state it "resumes its sovereignty." In sum rather than the states had given birth to the "RECORD" and the United States of America, here the "ACT" the father of the states.

As discussed above If federalism serves to centralize powers previously scattered, should be used to decentralize powers previously consolidated, the purest of our historical roots. For What really add to the federation states and municipalities?

Dissect federalism is a form of decentralization. It has three degrees: the commune or municipality, which has a certain administrative autonomy within the framework and under the tutelage of the central state; the autonomous province reaching certain political autonomy, but whose constitution it is imposed by the dominant state; the member or federal state that enjoys constitutional autonomy.

Free town is also a phenomenon of decentralization. But so far it has failed to govern themselves mismo¿ Why? The law creating municipal agencies and gives competition is issued by the state legislatures. Then the municipality lacks the legislative determination.

This is a reality that municipal autonomy injury because it is excluded and discriminated against by the possibility of granting its own law. Even the so-called autonomous statutes as Bando Police and Good Governance can not be upheld as legislation despite its generality, but as a development of the laws enacted by the central legislative body, making it clear that the issue of municipal organic law in no case the responsibility of the municipal body that goes in harmony with the principle of separation of powers, which does not tolerate the expansion of the legislative function to another owner as is the legislature. The Constitution placed the free town at the base of the territorial division and political and administrative organization of the states.

Excluding legislative competence, the accuracy of the municipal decentralization arises, which inexorably leads to the Article 115 of the Federal Constitution, which refers to the free town, which in its Section III, states: "That the municipality shall be vested with legal personality for all legal purposes. "

The first act of Cortez to step on Mexican soil was the founding of Veracruz, with its own town council, who to give the conqueror, in the absence of the king, the title of captain general and chief justice, provided it with the powers that lacked to undertake the conquest.

The township was the name of a territorial and administrative division; was never a political entity such as Spain, and that character did not exist in colonial times and has not been possible to create it later.

The federalist constitutions forgot the existence of the municipalities and the centralist constitutions were those who cared for and organize them alive. The charter, the constitution of 1824, the 1846 reform act, and the constitution of 1857 not a single article devoted to the municipalities. These from Independence to the triumph of the republic, resent the disorder that prevailed.

The constituent of Querétaro first, worried about the Constitution out the principle of municipal freedom. However it suffered from an element that was essential: financial autonomy. This situation caused discrepancies, divided and disoriented the constituent 17th The haste with which were held constituent assemblies Querétaro left substantial gaps: the defense of the town against the state through a system of guarantees and financial autonomy for the municipality to reach its constitutional freedom.

This situation has been exploited by the constitutions of the states to undermine the town and has been a bulwark for access to democracy. Since then there have been several amendments to Article 115 of makeup that have only text, without releasing the actual chains that prevent the municipality reach genuine autonomy. The minimum obligations (water and sewerage, public lighting, public clean, markets and supply centers, cemeteries, trail, streets, parks and gardens, public safety and transit) are a straitjacket precluding torales issues such as economics, exploitation and preservation of natural resources, the exploitation of ports and marine platform, target cultural resources, comprehensive environmental programs, territorial restructuring aimed to extend the legal fund of municipalities, preservation, dissemination and promotion of cultural heritage, issuing franchises municipal, expansion and acquisition of resources to their wealth and power to legislate and codify an urban right to collect on a Corpus Juris the present scattered and insufficient legislation on these issues that are beyond the minimum obligations, and therefore do not reach the constitutional category. Anyway, nothing to do with the gifts they receive today.


The flight from the country of 15 million impoverished peasants is irrefutable proof of the failure of the federal state and Status Quo, however there are no closed paths, historically the federal state so far has been a mere collector and lousy administrator, who has abandoned policy statements to become stubborn repression of peasants and impoverished masses by recurrent crises, workers governed by interim executive function. (Chiapas and Guerrero, Oaxaca, B. California, Quintana Roo). Generator an increasingly dense, expensive and inefficient bureaucracy, becoming a coptador swing of municipal autonomy.

The broad spectrum of federalism would try an exercise designed not so far, then it is plausible to propose THE DISAPPEARANCE OF THE FEDERATED STATES AND IN PLACE, DEVELOPING THE "REPUBLIC OF MEXICO FREE MUNICIPALITIES ', to give it its real dimension of decentralization pursued two entities without any intermediate authority between them, after constitutional reforms.

This would have an initial impact: strengthen the cultural, political, social and economic identity of regions and localities, above mere territorial, administrative and political divisions letterhead and in the worst cases whims of rulers as Santa Ana enlarged dwarfing the state according to their particular and intimate mood. Fortunately, the town has preserved its roots, customs of the regions to be truly universal, enduring over time, such as the Huasteca, but have never picked precisely for the reasons stated.

A useful tool would take the best of globalization as the latest technology in communications, for two separate purposes: To strengthen our identity, enter the virtual world trade and galvanize our conception of homeland, to avoid the hard times to come, temptations to spray the country as the Plan Puebla _Panamá, intended to take advantage of the immense riches of municipal basements, so it should come out the way to this madness and greed.


Certainly this can register as a secular revelation manufacturer of mirrors. Pero. "... What is life? A frenzy. What is life? An illusion, a shadow, a fiction, and the greatest good is small. That all life is a dream ... and dreams ... dreams are. "