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. "
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