Is federalism 'treaty' good or bad for .So?

Under the social justice concept, I shall argue in its favour, and if you think otherwise, make the case against it, whichever way you think of it, for right, or wrong, there is none.

In its elementary form, powers of government are divided between the Federal government at the national level, and State at the local level, where there exists a federation of States.

At a high level, there are two types:
a) Dual, where clearly defined terms and powers are drawn, and agreed upon.
b) Cooperative, where Fed. and State governments collaborate on policy.

We are neither, for we are not quite there yet, and shall explain appealing features of either, and to whom at a given time using the US as a test model.

There are other forms to consider including Devolution, Creative Federalism etc., yet we are not quite there yet to consider in our current state.

As stipulated under Article 54, Allocation of powers, Fed. Government's powers are defined as:
(A) Foreign Affairs,
(B) National Defense,
(C) Citizenship and Immigration, and
(D) Monetary Policy.

To name a few, Federal Member States' powers include, but not limited to laws of:

i) Elections,
ii) Land use,
iii) Education,
iv) Public health,
v) Commercial,
vi) Corporate,
vii) Property,
viii) Morality,
ix) Criminal,
x) Inheritance,
xi) Banking,
xii) Family,
xiii) Licensing.

There indeed shall be instance where laws of Fed., and State gov'ts shall both
apply, with taxes being an example.

Regulation of Commerce, as in the Commerce Clause, is an area of interest, which shall be revisited at a later time.

Supremacy Clause is another.
 

bidenkulaha

GalYare
What’s the point arguing this when we already have decided? If you need the document describing the powers granted by NCC to FGS and FMS I’ll provide below.
 

bidenkulaha

GalYare
EA4AF90D-23ED-4F77-9CDB-8BDB8C497B24.jpeg
77A798AF-8CB2-476F-859C-BE77EA9F3057.jpeg


FGS has fiscal and monetary power, foreign affairs, education, immigration, security (national defence, domestic security like police), transportation (ports, airports), healthcare, elections.

This has been agreed at NCC and will be added to the new constitution
 

bidenkulaha

GalYare
Those are proposed amendments, and are not relevant till deliberated, codified into law, debated, and agreed upon.
This is the NCC agreements and they’ll be passed next month.

Constitutional process is in the final stages. Articles 1-4 will be changed into these NCC agreements once they are in constitutional language.



I encourage you to take part as we are taking public opinion which is part of the changing of the constitution process
 

bidenkulaha

GalYare
This is centralism. MJ are correct to reject this farce
It’s been of great help for JL and Hamza to move this process forward. We couldn’t do it without y’all.

We would’ve been accused of destroying federalism if we didn’t convince the IC Deni’s opposition is due to personal problems with HSM and Hamza.
 
This is the NCC agreements and they’ll be passed next month.

Constitutional process is in the final stages. Articles 1-4 will be changed


I encourage you to take part as we are taking public opinion which is part of the changing of the constitution process
Again, let us put own desires to aside for a moment, as there are neither binding, nor relevant for current discussion , and leave them to future debate.
 

bidenkulaha

GalYare
Again, let us put own desires to aside for a moment, as there are neither binding, nor relevant for current discussion , and leave them to future debate.
I will turn this onto you, NCC agreements already signed are not a desire and are important to any discussion about the state of federalism and constitution.

This is now in the hands of the Independent Constitution Review Committee
 
I will turn this onto you, NCC agreements already signed are not a desire and are important to any discussion about the state of federalism and constitution.

This is now in the hands of the Independent Constitution Review Committee
Have you consulted Article 3, sub-article (4) of eh Federal Charter? See if you could reconcile it with what is being proposed.

Reference:
Article 3. Founding Principles
(4) The Constitution of the Federal Republic of Somalia promotes human rights, the rule of law, general standards of international law, justice, participatory consultative and inclusive government, and the separation of powers between the legislature, executive and an independent judiciary, in order to ensure accountability, efficiency and responsiveness to the interests of the people.

Postscript:

By the way, I know it is difficult to do, but try to refrain from claiming the Federal gov't. It is not yours.
 

Hassan Garguute Buldanana

#Puntlandfirst. #PIM
VIP
This is centralism. MJ are correct to reject this farce
That's what Madoobe and Hamze signed. Whenever we say something, it's apparently we are after the PM position. Anyways, it's all going down sooner or later. To be fair to the Hawiyes, Farmaajo was pushing for the same bullshit. Only PL and the Maay people are truly for autonomy.
 
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bidenkulaha

GalYare
Have you consulted Article 3, sub-article (4) of eh Federal Charter? See if you could reconcile it with what is being proposed.

Reference:
Article 3. Founding Principles
(4) The Constitution of the Federal Republic of Somalia promotes human rights, the rule of law, general standards of international law, justice, participatory consultative and inclusive government, and the separation of powers between the legislature, executive and an independent judiciary, in order to ensure accountability, efficiency and responsiveness to the interests of the people.

Postscript:

By the way, I know it is difficult to do, but try to refrain from claiming the Federal gov't. It is not yours.
As you’ll see in the comments above, I encourage you to take part in the current consultative process. Engagement with civil society is currently taking place and legal experts are currently helping in the process to turn these NCC agreements into constitutional language.

So far

β€’ All FMS members have been consulted and participated

β€’ Overwhelming majority have signed and supported the agreements reached

β€’ Civil society have been consulted and included in this process, legal experts have been brought in

β€’ Process has taken a few stages, agreements at the National Consultative Council, Parliamentary Constitutional committee have agreed to it, a special Parliamentary committee of both houses have voted to pass the agreements to the Independent Constitutional Review Committee.

β€’ Thereby there has been a clear separation of powers in this process. Executive, Legislative and Independent Judiciary
 
As you’ll see in the comments above, I encourage you to take part in the current consultative process. Engagement with civil society is currently taking place and legal experts are currently helping in the process to turn these NCC agreements into constitutional language.

So far

β€’ All FMS members have been consulted and participated

β€’ Overwhelming majority have signed and supported the agreements reached

β€’ Civil society have been consulted and included in this process, legal experts have been brought in

β€’ Process has taken a few stages, agreements at the National Consultative Council, Parliamentary Constitutional committee have agreed to it, a special Parliamentary committee of both houses have voted to pass the agreements to the Independent Constitutional Review Committee.

β€’ Thereby there has been a clear separation of powers in this process. Executive, Legislative and Independent Judiciary
How do you propose one participates, when:
  • The process is neither participatory, nor inclusive, and violates the principles of social justice, and power-sharing, cornerstone to nation building?

Try to explain that supposing I am 6 years old.
 

bidenkulaha

GalYare
How do you propose one participates, when:
  • The process is neither participatory, nor inclusive, and violates the principles of social justice, and power-sharing, cornerstone to nation building?

Try to explain that supposing I am 6 years old.
You’ll have to explain further, what specially has not been participatory and inclusive?

I have showed how many levels of participation have been taken. And that it is now open to the public to participate after participation and inclusion of national leaders, parliamentarians, judiciary, civil society.

You’ll also have to expand how this above has broken power sharing?
 

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