American Constitution

The search of a balanced relationship, modernly has increased to the federalism the function of guarantee of the participativa democracy, with its multiplication of circles of decisions politics where the citizen is next to the power, she says to be vocacionado to make of the States laboratories for the development of new social, economic ideas and politics. The Topic room deals with the techniques of distribution of abilities. The technique of the classic federalism, the first model, comes of the Constitution of the United States, that it specified them to be able of the Union, leaving for the States all the too much powers that it did not attribute to the federal authority and nor forbade the State authorities, therefore, dealt with enumerated and remaining abilities, call of horizontal distribution, as in the case of the American Constitution, where the cast being able of them of the Union is foreseen in the article 1, section 8, locking up substantially ability that, for its nature, must be with the central government. Thus those concernentes to the foreign affairs, the national defense, the monetary system and of weights and measures, to the nationality, the commerce and interstate communication. Of the alternatives that abilities combine: the enumerated ones, in the German Constitution, of 1919, and in the Austrian, of 1920, bring the nature of the vertical distribution of abilities, that divide one same substance, in different levels, between diverse federative beings, the Constitution of Weimar of 1919 where some rules had been introduced disciplinarians for which Union and State had acted concurrently, article 6 of that Constitution related the legislative abilities exclusive of the Reich (Union). in the article 7, is foreseen the ability of the Reich on a long cast of substances, not in exclusive, but with priority way. As well as the Constitutions of India, of 1950, and Germany, of 1949, India consecrated the federative organization, creating, in regards to the distribution of abilities one innovative technique: the three lists, the first one I contend 97 substances of exclusive ability of the Union, the second 66 substances of abilities exclusive of the State, 47 substances of competing abilities and the residual ability is granted to the Union, in it respects the substance not enumerated in the list of the States or the competing list, article 248 of that Constitution.