Federalism Disad



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Indian Federalism Good: Economy



Indian Federalism strengthens its economy
Tikku, Special Correspondent at The Hindustan Times, Hindustan Times, 2007
['Federalism is good economics, l/n, Aloke]
NEW DELHI, India, Nov. 7 -- PRESIDENT PRATIBHA Devisingh Patil speaking on federalism said on Wednesday that it was not merely a legal-constitution mechanism for the distribution of legislative and fiscal powers but a concept rooted in "self-rule"."Power sharing arrangements between different units of government gives a sense of belonging to various groups within the political system. It facilitates the deepening and widening of the democratic process," she said. "Federalism wasn't just good politics but also good economics. By equipping the different units to take appropriate decisions, federalism helps in the judicious use of resources, increasing efficiency," she said, urging nations to make democracy and federalism the guiding principles for a new world order. "For us in India, federalism and the preservation of the underlying unity in our diversity are of importance," she said.




Brazil Won’t Model US Federalism




Brazil won’t model the plan – Brazilian courts won’t model US federalism rulings

Keith S. Rosenn, Professor of Law at the University of Miami School of Law, 2005


(“Federalism in Brazil” 43 Duq. L. Rev. 577) Lexis
This is not to say that the STF does not play an important role in the preservation of the federal system. Like other federal systems, the Brazilian Constitution contains a clause mandating the supremacy of federal law over state and municipal law. 26 The STF frequently strikes down state and municipal constitutional or statutory provisions because of conflicts with the federal constitution, federal law, or invading powers delegated to the federal government. 27 It also frequently resolves conflicts involving state governors and their legislatures. 28 What one does not find in Brazil, in contradistinction to the United States, is case law invalidating federal legislation for invading powers reserved to the states. Nor does one find in STF decisions debate about whether cases should be governed by state or federal law. This is because Brazilian Constitutions have granted far greater powers to the federal government than the U.S. Constitution. In addition, Brazil has no analogue to the Eleventh Amendment to the U.S. Constitution, nor has it had a group of Supreme Court judges who have assumed the role of protecting state's rights from infringement by the federal legislation.On the other hand, the principle of reciprocal intergovernmental tax immunity is explicitly set out in the Brazilian Constitution. Not only does the Constitution prohibit the federal government, states and municipalities from taxing each others' patrimony, income, and services, 29 but it also prohibits the federal government from taxing state bonds or creating exemptions from state and local taxes. 30 In 1993, the STF declared a constitutional amendment permitting the federal government to impose a tax on financial transactions unconstitutional because the amendment exempted this tax from the general constitutional constraint on the federal government taxing state and local instrumentalities. The STF held that this constitutional amendment violated Art. 60 Section 4(I), which prohibits any constitutional amendment aimed at abolishing "the federalist form of the State." 31C. Federal Court JurisdictionThe approach to federal jurisdiction is quite different in Brazil than in the United States and Mexico. In the United States, the ultimate arbiters of the meaning of state law are the state courts, 32 while in Mexico, via amparo review, the federal courts become the ultimate arbiters of the meaning of state law. 33

Brazil won’t model US federalism -

Keith S. Rosenn, Professor of Law at the University of Miami School of Law, 2005


(“Federalism in Brazil” 43 Duq. L. Rev. 577) Lexis
Unlike in Canada and the United States, where federalism was a technique for uniting states and provinces that had once been autonomous political entities, in Brazil federalism was a technique for dividing what had always been a unitary system of government. 1 Unlike her neighboring colonies of Latin America, Brazil followed a unique path that led to independence without war, and to the establishment of a constitutional monarchy that lasted for 67 years. 2

Generic – Latin America won’t model



Latin American federalism is not modeled on the US system – the balance of power falls in favor of the central government


Jose Ma. Serna de la Garza, Graduate in Law, Universidad Nacional Autonoma de Mexico; M.A., Ph.D., Government, University of Essex, 2000 (CALIFORNIA WESTERN INTERNATIONAL LAW JOURNAL, Spring, p. 277)
The constitutions of Venezuela, Mexico, and Argentina each contain a residual clause in favor of the states (or provinces), which resemble the residual clause of the United States. However, Brazil's Constitution has a different formula, but legal doctrine and judicial interpretation has assigned to it the same meaning as that of the other three countries. Yet, the combination of the residual clause with the actual allocation of legislative powers in favor of the federal legislature, has resulted in a highly centralized pattern that characterizes the federal experience of the four Latin American countries discussed in this article.

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