Zocalo Park/ Veracruz México

ABOUT A FREE REPUBLIC OF MUNICIPALITIES OF MEXICO

 

Not prepared to live without political campaigns proposed real significance, therefore, important and urgent to address what is federalism and municipal autonomy. If federalism is to centralize powers soon dispersed, as happened in the United States, can also be used to decentralize power unit originally as Mexico, then why not go throw the stale chimera. I refer to this goal is not reached in the town where they develop on their own concept of autonomy, freed from the shackles that Constitutional Article 115 states.

 

Or break the straitjacket that the legislatures that have local councils have the power to suspend, revoke the mandate of some of its members, and even reported missing, is the clearest language of castration, and co antithesis of the so-called municipal autonomy hanging like a sword of Damocles over the head of the local authorities.

 

The City first appeared in the public law of Rome. With the passage of time and taking advantage of the weakness of the monarchy during the Middle Ages, the ancient city, now with Germanic influence strengthened its independence especially in Spain. Since then it has become a natural bearer of freedom.

 

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

 

American federalism was born and before and after the War of Independence (1775 to 1783). He met a congress of representatives of the assemblies of the seven colonies, adopted the "Plan of Union of Albany, whose architect was Benjamin Franklin. That first original program and the federal government in the year 1754 is considered the starting point of all subsequent developments. But this conference was not accepted by the colonial assemblies, as they should not cede any power to tax and rates.

 

On the initiative of the chamber of Massachusetts in October 1765 met in New York the First Congress intercolonial revolutionary tendencies of the law that censored tone. That was the first concept of Americanism, as the representative of South Carolina said: "We must stand firm in the vast field of natural rights. Here there must be citizens of either New York or New England, but we are all Americans.

 

When England tried to punish Massachusetts, the other colonies made common cause with it, which set the tone for the first continental congress and mature constitutionalism in America. Unlike the spontaneous naturalness that gave life to the federal pact in U.S., Mexico and existed as a unitary state when they are copied and adopted the American form of government in 1824.

 

At the consummation of Mexico's independence in 1821, several states were emerging in the independent living, but a unitary state that corresponded to the former viceroyalty. Members of the first constituent assembly meeting in 1822, sent its representatives to the new united previously declared unitary state, including the institutions of Central America (which had not belonged to New Spain) and then send its representatives to that meeting.

 

Iturbide dissolved the Constituent first rebellion erupted in the House led by Santa Ana Mata Waking the ambition of the provincial councils of the Constitution of Cadiz. But it's the fall of the empire of Agustín de Iturbide and reinstalled the component, where some provinces demanded the introduction of the new federal system.

 

The Second Constitutional Congress issued its Constitutive Act on January 31, 1824. Where he recorded the first genuine constitutional decision of the Mexican people and it first appeared, in fact and in law the states. Prior law did not exist. Nor in fact existed, because the threats of secession by some provinces such as Oaxaca, Jalisco and Zacatecas immediately preceding the adoption of the system can not be interpreted as de facto integration of independent states that were never established, but as a means of pressure and form of rebellion, and later in our history has always repeated that the authorities of a state declared that it "reaffirms its sovereignty." In sum, rather than the states that have given life to the "ACT" as in United States of America, here the "ACT" begat states.

 

As explained above if federalism is to centralize powers soon spread, should be used to decentralize powers previously consolidated, following the most pure root of our history. For what really bring the federal states and municipalities?

 

Dissect federalism is a form of decentralization. There are three degrees: the commune or municipality, which has some administrative autonomy within the framework and under the supervision of the central state, the autonomous province which is given political autonomy, but the constitution of which it is imposed by the dominant state, the state member Land or enjoys constitutional autonomy.

 

The municipality is also a free phenomenon of decentralization. But until now has failed to govern themselves Why? The law establishing the local bodies and the competition brings is issued by the legislatures of the states. Then the town is devoid of self-legislation.

 

This is a real insult to municipal autonomy, because he was discriminated against and excluded the possibility of granting its own law. Even the so-called autonomous status as the side of Police and Good Government can not be regarded as legislation in spite of its generality, but as a development of the laws issued by the central legislative body, making it clear that the issuance of the municipal organic law in no case the responsibility of the municipal body is in itself a contradiction to the nature of the town free from the time that the Constitution placed the town in the free base of the territorial division and political and administrative organization of the states.

 

Contrapunto and constitutional chaos that inevitably naked in paragraph III of Article 115 provides constitutional when "that municipalities are vested with legal personality for all legal purposes." That juncture, however, should serve as first steps towards municipal decentralization, to the disappearance of the federal state.

What is madness? What then was the first act of government of Hernán Cortés when he stepped on land that would be Mexican. The foundation of Veracruz, an unbounded territory where there was not anything other than glowing dunes and people who govern, then established the first free town of Mexico in what would be the American continent with its own town, who give the conqueror, in the absence of the king, the titles of captain and justice more generally, it gave the authority to undertake that no conquest.

 

The town's name was only a territorial and administrative division, was never a political entity like that of Spain, and as such did not exist in colonial times and has not been possible to create it later. In sum, the town was born from a legal fiction and fulfilled its original purpose was diluted in the mists of the history of Mexico.

 

The federal constitutions forgot the existence of the municipalities and the constitutions were centralists who cares for and organize them to life. The constitutive act, the constitution of 1824, the Reform Act of 1846, and the constitution of 1857 did not devote a single article or to the municipalities. Those from Independence until the triumph of the republic, denied that the disorder suffer.

 

The constituent of Querétaro for the first time, been concerned to bring the Constitution the principle of freedom municipal nevertheless suffered from an element that was essential: financial autonomy. This situation caused discrepancies, disoriented and divided constituents to 17. The haste with which they were held to constituent assemblies of the Queretaro left substantial gaps: defending the town against the state through a system of guarantees and financial autonomy for the town reach its constitutional freedom.

 

This situation has been exploited by the constitutions of the states to undermine the town and has a Valladar to access democracy. Since then there have been various reforms to Article 115 which only have the text-up, without releasing the actual chains that prevent the town reach a real autonomy. The minimum requirements (water and sewerage, public lighting, clean public markets and slaughter plants, pantheons, track, streets, parks and gardens, public safety and transit) are a straightjacket, precluding Torales problems such as economics, exploitation and preservation of natural resources, operation of ports and marine platform, target cultural resources, environmental programs integrated territorial restructuring designed to extend the legal estate of the municipalities, preservation, dissemination and promotion of cultural heritage, issuing franchises municipal expansion and recruitment of resources to their wealth and power to legislate and codify a right to gather in an urban Corpus Juris the current dispersed and inadequate on these issues that are beyond the minimum obligations and therefore do not reach category of constitutional values. Anyway, nothing to do with the gifts that you receive today.

 

The flight from the country of 15 million impoverished farmers is proof that the federal state and its status quo, there are no closed roads, the states have historically been a simple and terrible pepenador tax administrator, who has shelved his political role to become a state of repression Contumazá to the masses of impoverished peasants and workers by recurrent crises, ruled by interim executives. (Chiapas and Guerrero, Oaxaca, B. California, Tabasco, Veracruz, Quintana Roo are incontrovertible examples of this). A generator, expensive, heavy and inefficient bureaucracy, becoming an enemy of smooth municipal autonomy.

The broad spectrum of federalism would try an exercise that is designed not so far, then it is plausible to propose THE DISAPPEARANCE OF THE FEDERATED STATES AND IN ITS PLACE, THE BUILDER "FREE REPUBLIC OF MUNICIPALITIES OF MEXICO", to give its real dimension to decentralization pursued both entities and there is no intermediate authority between them, after constitutional reforms required.

 

This would have an initial impact: to strengthen the cultural, political, social and economic status of regions and localities, beyond mere territorial divisions, administrative and political letterhead. Fortunately, the village has retained its roots, the customs of their region to be truly universal, persisted over time, as in the Huasteca, but have never picked precisely for these reasons.

 

A useful tool would be to take the best of globalization as it is cutting-edge technology in communications, for two purposes: To strengthen our identity, enter the virtual world trade and galvanize our conception of homeland, to prevent crises or runaway organized live and which threaten to pulverize the country, as the Plan Puebla _Panamá, which aims to harness the immense riches of the underground city, so please go step by the folly and greed.

 

Do not let pass this lesson you have given us the U.S. economy, which might well avoided attempting to other regulatory options taken from our own historical and political prosapia.

 

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