Deprived of real political leadership and weighed down by the burden of burned cartridges from the old regime as its key pieces, the partisan opposition is trying to sell the idea that the Supreme Court of Justice of the Nation it is a counter-power to presidentialism and that the minister president is already being profiled as a pre-candidate for the Presidency of the Republic for 2024.
However, the Court is only fulfilling its role as guarantor of the validity of what currently says the Constitutionunlike the years of the old PRI regime of 1917-2022 in which it was a troupe of the Federal Executive Branch.
In reality, the media power of the Court has been the product of the blunders of the Federal Executive Power in initiatives that were approved by the legislative majority of Morena knowing that they flagrantly violated the Constitution and so far the current Court has not taken any own initiative that could reorganize the system/regime/State or redistribute powers, nor does it have the objective of reducing the space of power of the president of the Republic.
Despite the fact that the Constitution clearly states in paragraph 10 of article 21 that “public security institutions, including the National Guard, will be of a civilian nature” and that paragraph 12 says verbatim that “the law will determine the organizational and management structure of the National Guard, which will be attached to the Secretariat of the Public Security branch”, the President of the Republic first approved previous laws and constitutional reforms, and then without constitutional reform he decreed giving military subordination to the National Guard.
And if the decision to ascribe the Guard to the Sedena is an unavoidable necessity to maintain discipline, objectives and articulation, the problem of National Palace it was the failure of constitutionalist mechanics, in addition to the breach of commitments to reorganize national security/internal security and the lack of a social debate regarding the configuration of organized crime as an alternative criminal power that it needs — and is in the process of — of the capture of civil institutions.
He Executive power he was unable to document the reasons for the construction of a civilian military security system in the face of the organized crime offensive. The presidential decisions lacked greater dissemination of the arguments of the exhaustion of the old civil security structure and did not have the recognition that the criminal power is not from a gang of pickpockets.
The argument of Minister Arturo Zaldívar Lelo de Larrea should have been assumed as a new strategy: the reorganization of the sedena divided this dependency into the administrative-political area of the presidential office and the military operational area with the definition of three arms: Army, Air Force and National Guard, leaving the head of the Secretariat more tasks of bureaucratic-political management of an Executive position that of the operational chief of troops, perhaps because the President of the Republic has kept the head of the Sedena as general-secretary, without an operational and political division of functions.
Given the failure of the Federal Judicial Policeof the Federal police of security, of the Federal Preventive Police and of the Federal Police, the reorganization around the National Guard required an effort of State discourse and the forecast of the final meaning of decentralizing civil security to the Sedena without losing its civil status. President López Obrador approved the first reforms to the Constitution to found the Guard based on civil criteria, but later signed decrees that went beyond the strict mandates of the Magna Carta approved by the Executive itself.
In political reality, the Supreme Court is not conquering new legal-political powers nor is it becoming a counter-power, but is simply fulfilling a role that the long systemic transition since 1968 has given it as guardian of the Constitution. Once the controversies against presidential decisions that violate the mandate of the Constitution are settled, the Court will return to its legal functions.
The crisis Executive Power-Judicial Power It is the product of a presidential oversight in matters of constitutional political law.
Politics for dummies: Despite everything, politics has its minimum rules.
The content of this column is the sole responsibility of the columnist and not of the newspaper that publishes it.
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