Abusive judicial review in the Philippines
|
|
- Tyrone Cole
- 5 years ago
- Views:
Transcription
1 Abusive judicial review in the Philippines Editor s note: this article appears as part of a series on Challenges to Charter Change: Critiques from Legal Experts, co-edited by Nicole Curato and Bryan Dennis Gabito (Bo) Tiojanco. Read contributions from Bo, JP A. Villasor, and Björn Dresssel A majority of Filipinos reject the shift to a federal system of government now. Only two out of ten agree that the 1987 Constitution should be revised at this time. The Duterte Administration s own economic managers warn that a shift to federalism can drain government finances. It could also spell disaster for some regions that are not prepared for the transition, and other economists say federalism is both expensive and unnecessary. These financial issues aside, the loudest criticism focuses on the fact that under the current draft 1/5
2 constitution, President Rodrigo Duterte may run for two more terms. There is no clear reason why a federal system of government is needed in the Philippines. And yet, students of Philippine law and history know there is a good chance this latest draft would be adopted. Procedures, and public sentiment, mean little in a country which has weak government institutions that can be misused to advance political agenda. The Philippines has the dubious distinction of having judicial review that can sanction irregular constitutional revisions. The politics of constitutionalism Filipino politicians invoke constitutionalism to rewrite the Constitution. They attempt to sidestep term limits and stay in power beyond constitutional limits by changing the form of government. They exploit weak institutions (Congress and the courts) to sustain and sanction their campaign. In this approach, Congress opens the constitutional revision process (it calls for a constitutional convention or convenes as a constituent assembly), and courts approve their efforts and provide the final nail in the coffin. The court may perform its role of enabler regardless of how irregular the amendment process is. Politicians can use the system, invoking the people's welfare, for personal gain. Politicians take comfort in the idea that their efforts received judicial imprimatur. Marcos called his regime constitutional authoritarianism it may be authoritarian, but it has the blessings of the judiciary; it is, therefore, legitimate. Abuse of the constitutional revision system takes place in other parts of the world. Authoritarian regimes have veered away from using military coups or other unconstitutional practices. Would-be autocrats now have significant incentives to appear to be playing by the constitutional rules and are increasingly turning towards constitutional amendment and replacement as tools to help them construct a more authoritarian order. The formal rules embodied in constitutions are often stunningly weak, and even perceivably strong rules can be captured in a surprisingly high number of circumstances. For some demagogues hemmed in by constitutional constraints, a crisis represents an opportunity to begin to dismantle the inconvenient and sometimes threatening checks and balances that come with democratic politics. The constitutional processes The 1987 Philippine Constitution lays down the modes of its amendment or revision. Amendments, which introduce changes or additions involving a few specific and separable clauses of the Constitution, may be done through: 1. The Congress, upon a vote of three-fourths of all its Members, 2. A constitutional convention, or 2/5
3 3. Initiative (which still awaits implementing legislation). A revision, which alters the fundamental structure of the Constitution, may only be accomplished through the first two modes, not by Initiative. The Constitution s text is somewhat ambiguous about the convening of a constituent assembly. It is unclear whether the two-thirds vote required to convene Congress as a constituent assembly means the two chambers voting separately or as one. Even if the constituent assembly is properly convened, does the two thirds vote apply to every vote in the amendment process? There are over 200 members of the House of Representatives and only 24 senators. Voting jointly will allow the House to provide the two thirds vote necessary to convene as a constituent assembly and to proceed with amending the constitution without the Senate. The reason for the ambiguity was that the constitutional commissioners wrote many parts of the document on the assumption that the form of government would be unicameral and parliamentary. In the end, by a single swing vote, the constitutional commission decided to adopt a presidential form of government that ensured the presidency of the heroine of the 1986 uprising. The past is present Ferdinand Marcos successfully developed the quickest way to change the Constitution. He created an entirely unconstitutional way of adopting a constitution (which involved children and the absence of ballots among other things), but in the end the Supreme Court washed its hands off the controversy by claiming that the adoption of the new Constitution was a political question. Gloria Macapagal-Arroyo used the same formula to change the form of government to a parliamentary government, but lost in the Supreme Court by a single vote. The Philippines is once more at the same crossroads. The president had just commissioned a draft Constitution from a handful of appointees. It seems Congress is preparing to convene itself into a constituent assembly for purposes of producing a final draft that will be subject to a plebiscite. The constituent assembly is the preferred route because the president commands a sizeable majority at least in the House of Representatives. The House, except for a few members, has almost blindly followed every presidential whim. This is because the weak party system in the Philippines allows politicians to shift allegiances at the drop of a hat. When Duterte was elected, the politicians response was not to assume its role as a check on executive power, but to join his party. In the House of Representatives, the Duterte alliance bloated to around 90% of the membership. The Supreme Court has never decided against President Duterte. 3/5
4 To prevent a repeat of the Supreme Court's submission to the Chief Executive, the framers of the 1987 Constitution strengthened the Supreme Court, giving it the power to review possible abuses of discretion by both the Executive or Legislative branches of government. The Court has been exercising this power, striking down numerous acts of the political branches of government. The Philippines settled into a system where judicial review can be used to check elected officials (elected by an untrustworthy electorate). As Raul Pangalangan notes, judicial review became a middle ground because courts are not dictatorial, sufficiently civilian, somewhat insulated from shifting political alliances, and draw authority from a democratic constitution. But this does not mean that the Courts have uniformly exercised its checking function. There is also a general sense that the members of the Court defer regularly to the appointing power and are unable to disregard the immediate interests of the president. As a consequence, the Supreme Court faces serious criticism regularly. This is evident in national security issues, particularly under the Duterte Administration. The Senate refused to check the president s power to impose martial law, and was upheld by the Court on every occasion. The Senate also barely lifted a finger to defend its power to try impeached officials when the Supreme Court decided to remove the Chief Justice. Little resistance is expected from both Congress and the Courts if the Administration decides to force the draft constitution on Filipinos. The Duterte Administration also worked to neutralize other constitutional actors that display independence. The administration moved against all possible checks on the exercise of his powers and targeted the Chief Justice of the Supreme Court, the Chair of the Commission on Elections, the Ombudsman, and the vice-president for impeachment. Sereno was removed, not by impeachment (because there was no strong case against her), but by a petition for quo waranto, that nullified her appointment instead, ostensibly on her failure to file her statement of assets and liabilities. The president also has another advantage. He will eventually have almost complete control of the Supreme Court. By the time his term ends in 2022, thirteen of the fifteen Justices of the Supreme Court would be his appointees. The president s control of the Court is important. The Supreme Court could rule that the House alone could convene into a constituent assembly and that the vote should be taken jointly (nullifying the need for the Senate's participation). Like Marcos before him, Duterte would have succeeded in replacing a constitution with support from the judiciary. These safeguards may be necessary if the Duterte Administration wants a new constitution. So worried are proponents of federalism about defeat at the polls that they are using the "class" card to generate support, claiming that the political dynasties and the economic elite are orchestrating resistance to the proposed constitution. Drafters of the proposed constitution want the economic mangers who warned against the costs of shifting to a federal government fired. The fact that constitutional reform is not a priority of the population and could lead to delay or rejection of the 4/5
5 proposed charter. A rigged system? Abusive constitutionalism remains an available route in the Philippines because the formal institutions that are supposed to enforce the constitutional order are weak. Unlike democracies with an established party system which implements checks and balances, Filipino politicians flock to the president after every election. Close personal ties with the president also make the Supreme Court a willing tool in constitutional change. Because checks and balances barely exist, the same system that is supposed to guard against abuses can be used for politicians personal gain. Students of Philippine law are apprehensive that the Supreme Court, especially one that has never ruled against President Duterte, will reprise its role as the enabler of authoritarianism. 5/5 Powered by TCPDF (
Changing The Constitution
part one 3 Changing The Constitution I P E R 4 Introduction Copyright 2004 Published by The Institute for Political and Electoral Reform (IPER) ISBN 971-92681-2-3 part one 5 acidcowart collective sanpablo
More informationComparative Constitution Drafting Processes in the Philippines, Thailand and Burma:
C ONSTITUTION DRAFTING PROCESSES B U R M A L A W Y E R S ' C O U N C I L Comparative Constitution Drafting Processes in the Philippines, Thailand and Burma: Drafting Process plays Crucial Role for Contents
More informationSeparation of Powers
Separation of Powers Separation of Powers: The Legislative Branch The legislative branch of government is Congress. Congress consists of the House of Representatives and the Senate Members of the House
More informationTHE KARIBA DRAFT CONSTITUTION
The Shortcomings of THE KARIBA DRAFT CONSTITUTION Released April 15, 2009 NATIONAL CONSTITUTIONAL ASSEMBLY I. INTRODUCTION This report analyzes the Kariba Draft Constitution, a document negotiated in secret
More informationCHAPTER 18:3 Supreme Court
CHAPTER 18:3 Supreme Court Chapter 18:3 o We will examine the reasons why the Supreme Court is often called the higher court. o We will examine why judicial review is a key feature in the American System
More informationPhilippine Federalism s Fortunate Falter
RESEARCHERS AT ISEAS YUSOF ISHAK INSTITUTE ANALYSE CURRENT EVENTS Singapore 13 September 2018 Philippine Federalism s Fortunate Falter Malcolm Cook* EXECUTIVE SUMMARY President Rodrigo Duterte came to
More informationName: Class: Date: 5., a self-governing possession of the United States, is represented by a nonvoting resident commissioner.
1. A refers to a Congress consisting of two chambers. a. bicameral judiciary b. bicameral legislature c. bicameral cabinet d. bipartisan filibuster e. bipartisan caucus 2. In the context of the bicameral
More informationChapter 3: The Constitution Section 1
Chapter 3: The Constitution Section 1 Objectives 1. Understand the basic outline of the Constitution. 2. Understand the six basic principles of the Constitution: popular sovereignty, limited government,
More informationThe Six Basic Principles
The Constitution The Six Basic Principles The Constitution is only about 7000 words One of its strengths is that it does not go into great detail. It is based on six principles that are embodied throughout
More informationidolatry. Claro Mayo Recto 10 Institute for Political and Electoral Reform
In truth, actual events tamper with the Constitution. History reveals its defects and dangers. I believe we can do better service to the Constitution by remedying its defects and meeting the criticisms
More information1. States must meet certain requirements in drawing district boundaries. Identify one of these requirements.
Multiple Choice 1. States must meet certain requirements in drawing district boundaries. Identify one of these requirements. a. A person's vote in the largest district of a state must have only half the
More informationThe US Constitution. Articles of the Constitution
The US Constitution Articles of the Constitution Article I delegates all legislative power to the bicameral Congress. The two chambers differ in the qualifications required of their members, the term of
More informationGeorgia Standards of Excellence American Government and Civics 2016
A Correlation of 2016 To the Georgia Standards of Excellence American Government and Civics 2016 FORMAT FOR CORRELATION TO THE GEORGIA STANDARDS OF EXCELLENCE (GSE) GRADES K-12 SOCIAL STUDIES AND SCIENCE
More informationTURKEY LAW NO AMENDING THE CONSTITUTION
Strasbourg, 23 February 2017 Opinion No. 875/ 2017 Engl. only EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) TURKEY LAW NO. 6771 AMENDING THE CONSTITUTION This document will not be distributed
More informationHOW OUR LAWS ARE MADE
HOW OUR LAWS ARE MADE 52 nd LEGISLATURE of LIBERIA Joint Legislative Modernization Committee This program is made possible by the generous support of the American people through the United States Agency
More informationSocial Studies Curriculum High School
Mission Statement: American Government The Social Studies Department of Alton High School is committed to the following; assisting students in mastering and appreciating the principles of government, preparing
More informationCongress had the power over relations, foreign, with the capacity to create alliance and form
Surname 1 Name: Course: Instructor: Date: The Articles of Confederation were the first written constitution of the United States. These Articles created a legislature where there was equal representation
More informationYou know the legislative branch
You know the legislative branch and the executive branch but you don t know The Judicial Branch!!! Laws are a dead letter without courts to expound and define their true meaning and operation Alexander
More informationConstitutional Revision under Pres. Rodrigo Duterte: Cha-cha Circa KEY POLICY ISSUES ON FEDERALISM : A Policy Action Conference
Constitutional Revision under Pres. Rodrigo Duterte: Cha-cha Circa 2018 KEY POLICY ISSUES ON FEDERALISM : A Policy Action Conference University of the Philippines Center for People Empowerment in Governance
More informationHEARING QUESTIONS CONGRESSIONAL DISTRICT LEVEL. Unit One: What Are the Philosophical and Historical Foundations of the American Political System?
Unit One: What Are the Philosophical and Historical Foundations of the American Political System? 1. How were the Founders' views about government influenced both by classical republicans and the natural
More informationTime to Make Congress Obey U.S. Constitution
January 05, 2007 Time to Make Congress Obey U.S. Constitution Joel S. Hirschhorn No matter how awful you think our government and political system have become, odds are you do not know about this travesty
More informationtrategies of corruption prevention in the Philippines: mobilising civil society
Asia Pacific School of Economics and Management WORKING PAPERS governance S trategies of corruption prevention in the Philippines: mobilising civil society Rommel L. Martinez GOV99 4 Asia Pacific Press
More informationTHE CONSTITUTION OF KENYA, 2010
LAWS OF KENYA THE CONSTITUTION OF KENYA, 2010 Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org 11 CHAPTER EIGHT THE LEGISLATURE PART 1 ESTABLISHMENT
More informationPROFESSIONAL TEACHING STANDARDS BOARD. United States Constitution Study Guide
PROFESSIONAL TEACHING STANDARDS BOARD United States Constitution Study Guide Section 21-7-304, Wyoming Statutes, 1969--"All persons hereafter applying for certificates authorizing them to become administrators
More informationIndicate the answer choice that best completes the statement or answers the question.
Indicate the answer choice that best completes the statement or answers the question. 1. What does Section 2 of the executive order explain? a. the mission of the Office of Homeland Security b. the establishment
More informationPower has remained in the hands of a few. We have to transform politics.
CITIZEN REFORM AGENDA 2010 Agenda on Political and Electoral Reforms For Candidates and Political Parties of the Upcoming 2010 Elections Power has remained in the hands of a few. We have to transform politics.
More informationAmerican Government Chapter 6
American Government Chapter 6 Foreign Affairs The basic goal of American foreign policy is and always has been to safeguard the nation s security. American foreign policy today includes all that this Government
More informationCHAPTERS 1-3: The Study of American Government
CHAPTERS 1-3: The Study of American Government MULTIPLE CHOICE 1. The financial position of the state and national governments under the Articles of Confederation could be best described as a. sound, strong,
More informationSupreme Court of the United States
No. 12-1281 IN THE Supreme Court of the United States NATIONAL LABOR RELATIONS BOARD PETITIONER, v. NOEL CANNING, A DIVISION OF THE NOEL CORP. RESPONDENTS. On Writ of Certiorari to the United States Court
More informationDe La Salle University Student Council P.L.A.R. No Resolution No
De La Salle University Student Council P.L.A.R. No. 2005-01-07 Legislative Assembly Status: Approved Resolution No. 2005-06 Sponsored by: National Affairs Committee Ryan Bitanga, 59 th ENG Marvin Chua,
More informationUnit 4 Learning Objectives
AP AMERICAN GOVERNMENT Unit Four Part 2 The President and the Bureaucracy 2 1 Unit 4 Learning Objectives Running for President 4.1 Outline the stages in U.S. presidential elections and the differences
More informationNine of the 13 states had to approve the Constitution in. order for it to be the law of the land. This happened on June 21,
Task 1: Read Nine of the 13 states had to approve the Constitution in order for it to be the law of the land. This happened on June 21, 1788 when New Hampshire ratified it. The government of the United
More information10/6/11. A look at the history and organization of US Constitution
A look at the history and organization of US Constitution During Revolution, the states created a confederation. Loose association of states. Continental Congress responsible to war effort during the Revolution.
More information6th International Organization for Judicial Training (IOJT) Conference Washington DC November 6, 2013
Designing Capacity Building Program for Judges on Election Dispute Resolution Preliminary Considerations 6th International Organization for Judicial Training (IOJT) Conference Washington DC November 6,
More informationMain Idea: The framers of the Constitution created a flexible plan for governing the U.S far into the future.
Con t i H n o k Draw an illustration for each of the seven principles in the boxes below. Main Idea: The framers of the Constitution created a flexible plan for governing the U.S far into the future. The
More informationUNITED STATES INSTITUTE OF PEACE...
UNITED STATES INSTITUTE OF PEACE... An independent institution established by Congress to strengthen the nation s capacity to promote peaceful resolution to international conflicts COMPARATIVE CONSTITUTIONAL
More informationKenya: Kenya's Supreme Court ruling rattles President Kenyatta Dimanche, 03 Septembre :24 - Mis à jour Dimanche, 03 Septembre :26
Nairobi, Kenya, September 3 (Infosplusgabon) - Kenyan President Uhuru Kenyatta, whose election was nullified on Friday, is still in shock over the decision of the Supreme Court, purposely set up by the
More informationSubject Area: Social Studies State-Funded Course: American Government/Civics
The Georgia Performance s for grades K-12 Fine Arts, K-12 Social Studies, K-12 Health and Physical Education, and SSCG1 SSCG1 a. SSCG1 b. he student will demonstrate knowledge of the political philosophies
More informationSex, Lies and the Ballot Box 50 things you need to know about British elections
Sex, Lies and the Ballot Box 50 things you need to know about British elections Edited by Philip Cowley and Robert Ford Biteback, 2014 Chapter 16, by Alan Renwick, Associate Professor in Comparative Politics
More informationCivics Lesson Objectives
Civics Lesson Unit 1: A NEW NATION The Distinctions Among Civic, Political, and Private Life The student will be able to identify the source of government authority and describe at least four of the government's
More informationAP AMERICAN GOVERNMENT
AP AMERICAN GOVERNMENT Unit Four The President and the Bureaucracy 2 1 Unit 4 Learning Objectives Running for President 4.1 Outline the stages in U.S. presidential elections and the differences in campaigning
More informationState and Local Government in the United States
State and Local Government in the United States www.whitehouse.gov The United States have three levels of government; a federal level, a state level and a local level. Each one has its own features and
More informationChapter Three Assignment
Name: Class: Date: ID: A Chapter Three Assignment Multiple Choice Identify the letter of the choice that best completes the statement or answers the question. 1. The Constitution is based on the concept
More informationIn Thompson, only four judges decided that LB 1161 was unconstitutional one judge short of the five needed to strike down the law.
THE FIFTH JUDGE: THOMPSON V. HEINEMAN AND NEBRASKA S JUDICIAL SUPERMAJORITY CLAUSE Kathleen Miller, University of Nebraska College of Law J.D. Candidate, 2016 Introduction: History of the Case When TransCanada
More informationINDIAN SCHOOL MUSCAT SENIOR SECTION DEPARTMENT OF SOCIAL SCIENCE CLASS: IX: DEMOCRATIC POLITICS CHAPTER: 4- ELECTORAL POLITICS WORKSHEET - 11
INDIAN SCHOOL MUSCAT SENI SECTION DEPARTMENT OF SOCIAL SCIENCE CLASS: IX: DEMOCRATIC POLITICS CHAPTER: 4- ELECTAL POLITICS WKSHEET - SUMMARY: The most common form of democracy in our times is for the people
More informationThe Hashemite Kingdom of Jordan Constitutional amendments of 2011 are as follows:
The Hashemite Kingdom of Jordan Constitutional amendments of 2011 are as follows: Section 1: Section 6 of the Constitution is amended by adding an additional paragraphs No. (2), (4) and (5) stating as
More information23. Functions of Congress C ONGRESS performs several broad functions. Presumably the legislative, or law-making, is the most important. However, partl
PART VI Congress 23. Functions of Congress C ONGRESS performs several broad functions. Presumably the legislative, or law-making, is the most important. However, partly because of the principle of checks
More informationFull involvement by party branches and branches of affiliated organisations in the selection of Westminster candidates
Full involvement by party branches and branches of affiliated organisations in the selection of Westminster candidates The Labour Party Rule Book 2015 Chapter 5 Selections, rights and responsibilities
More information1. Formation of the Economic and Social Council of Greece 2. Internal Regulation for the operation of the Economic and Social Council of Greece
1. Formation of the Economic and Social Council of Greece (Law No: 2232/1994, Government Gazette of the Hellenic Republic, First Bulletin, Issue No: 140/31-8-1994) 2. Internal Regulation for the operation
More informationPurpose of Congress. Make laws governing the nation
Basics of Congress Purpose of Congress Make laws governing the nation Framers considered the legislative branch to be the most powerful A member from either chamber may begin the legislative process (excluding
More informationThe Judicial Branch Article III Interprets the laws Determines Constitutionality Protects our Rights guaranteed under the Constitution
The Judicial Branch The Judicial Branch Article III Interprets the laws Determines Constitutionality Protects our Rights guaranteed under the Constitution Federal Court System 3 levels District, Appeals,
More informationSocial Studies Curriculum Guide Ninth Grade AMERICAN GOVERNMENT
Social Studies Curriculum Guide Ninth Grade AMERICAN GOVERNMENT It is the policy of the Fulton County School System not to discriminate on the basis of race, color, sex, religion, national origin, age,
More informationQuiz # 5 Chapter 14 The Executive Branch (President)
Quiz # 5 Chapter 14 The Executive Branch (President) 1. In a parliamentary system, the voters cannot choose a. their members of parliament. b. their prime minister. c. between two or more parties. d. whether
More informationConstitution of the Undergraduate Student Government of The Ohio State University
Preamble Constitution of the Undergraduate Student Government of The Ohio State University Amended by Student Body March 2013 W herein students have both the right and the obligation to guide their university,
More informationAgenda: Thurs 9/22 & Fri 9/23 RAP #13: Proficiency #1 Review Principles of Constitution Con Law 2: 2 nd year proficiencies HW: Amendment Proposals
Agenda: Thurs 9/22 & Fri 9/23 RAP #13: Proficiency #1 Review Principles of Constitution Con Law 2: 2 nd year proficiencies HW: Amendment Proposals Bill of Rights Brochure DUE: 10/3 RAP #13: Proficiency
More informationIN THE SUPREME COURT OF THE FLORIDA STATE UNIVERSITY STUDENT GOVERNMENT ASSOCIATION
IN THE SUPREME COURT OF THE FLORIDA STATE UNIVERSITY STUDENT GOVERNMENT ASSOCIATION James Moorhead v. Student Government Association Elections Commission PROCEDURAL POSTURE On February 9, 2017, the Court
More informationConstitution of the State University of New York College at Old Westbury Student Government Association
Constitution of the State University of New York College at Old Westbury Student Government Association Preamble: We, the students of the State University of New York, College at Old Westbury, desire academic
More informationDid Duterte change the rules of Philippine elections?
Did Duterte change the rules of Philippine elections? Populists change the way we think about electoral strategy. They mobilise new constituencies, they prime new debates, and, most importantly, they shift
More informationBits and Pieces to Master the Exam Random Thoughts, Trivia, and Other Facts (that may help you be successful AP EXAM)
Bits and Pieces to Master the Exam Random Thoughts, Trivia, and Other Facts (that may help you be successful AP EXAM) but what is government itself but the greatest of all reflections on human nature?
More informationAlgeria s Islamists Crushed in First Arab Spring Elections
Viewpoints No. 3 Algeria s Islamists Crushed in First Arab Spring Elections David Ottaway, Senior Scholar, Woodrow Wilson International Center for Scholars May 2012 Middle East Program David Ottaway is
More informationARTICLE I. THE STUDENT GOVERNMENT ASSOCIATION
Sam Houston State University Student Government Association CONSTITUTION Revised Fall 2014 We the students of Sam Houston State University, in order to assume the rights and responsibilities of self-government,
More informationHuman Rights Watch Questions and Answers about Venezuela s Court- Packing Law
July 2004 Human Rights Watch Questions and Answers about Venezuela s Court- Packing Law Venezuela has begun implementing a new law that allows President Chávez s governing coalition to both pack and purge
More informationPhilippines Laws on Referendum: Implementation Experience and Challenges 1 By Dr. Cheselden George V. Carmona
Philippines Laws on Referendum: Implementation Experience and Challenges 1 By Dr. Cheselden George V. Carmona I. Introduction The Philippines is a democratic and republican state. The 1987 Constitution
More informationUnit 4 Test Bank Congress
Unit 4 Test Bank Congress 2) Which of the following did the framers of the Constitution conceive of as the center of policymaking in America? A) the President B) the people C) Congress D) the courts E)
More informationWar Powers Resolution
War Powers Resolution Joint resolution of Congress November 7, 1973 Public Law 93-148 93rd Congress, H. J. Res. 542 November 7, 1973 Joint Resolution Concerning the war powers of Congress and the President.
More information(correct answer) [C] the people grant the States the authority to govern [D] the basic powers of government are held by a single agency
General Questions government foundations 1. Local governments derive their power from (1 pt) [A] the Constitution and federal laws [B] State constitutions and State laws (correct answer) [C] both State
More informationAP Government & Politics Ch. 15 The Federal Court System & SCOTUS
AP Government & Politics Ch. 15 The Federal Court System & SCOTUS 1. A liberal judicial activist judge would probably support which of the following rulings made by the Supreme Court? A. a death penalty
More informationThe Legislative Process. Commonwealth of Massachusetts Public Employee Retirement Administration Commission
The Legislative Process Commonwealth of Massachusetts Public Employee Retirement Administration Commission Commonwealth of Massachusetts Public Employee Retirement Administration Commission Domenic J.
More informationConstitution of the Undergraduate Student Government of The Ohio State University
Constitution of the Undergraduate Student Government of The Ohio State University Preamble Effective with the commencement of the 51st General Assembly W hereas students have both the right and the obligation
More informationConstitutional Law Spring 2018 Hybrid A+ Answer. Part 1
Constitutional Law Spring 2018 Hybrid A+ Answer Part 1 Question #1 (a) First the Constitution requires that either 2/3rds of Congress or the State Legislatures to call for an amendment. This removes the
More informationConstitutional Foundations
CHAPTER 2 Constitutional Foundations CHAPTER OUTLINE I. The Setting for Constitutional Change II. The Framers III. The Roots of the Constitution A. The British Constitutional Heritage B. The Colonial Heritage
More informationTYPES OF GOVERNMENTS
Governance and Democracy TYPES OF GOVERNMENTS Characteristics of regimes Pluralism Ideology Popular mobilization Leadership Source: Juan J. Linz and Alfred Stepan. Problems of Democratic Transition and
More informationLEARNING OBJECTIVES After studying Chapter 10, you should be able to: 1. Explain the functions and unique features of American elections. 2. Describe how American elections have evolved using the presidential
More informationTurkey: Erdogan's Referendum Victory Delivers "Presidential System"
CRS INSIGHT Turkey: Erdogan's Referendum Victory Delivers "Presidential System" April 20, 2017 (IN10691) Related Authors Jim Zanotti Clayton Thomas Jim Zanotti, Specialist in Middle Eastern Affairs (jzanotti@crs.loc.gov,
More informationThe Courts. Chapter 15
The Courts Chapter 15 The Nature of the Judicial System Introduction: Two types of cases: Criminal Law: The government charges an individual with violating one or more specific laws. Civil Law: The court
More informationSection 1: Section 2: Section 3: Section 4: Section 1: Section 2:
PREAMBLE We, the students of The University of Alabama, in order to preserve and defend the rights and privileges of student self-governance, to guarantee a student voice and involvement in University
More informationThe Legislative Branch: The Reach of Congress (2008)
The Legislative Branch: The Reach of Congress (2008) The Legislative Branch: The Reach of Congress (The following article is taken from the U.S. Department of State publication, Outline of U.S. Government.)
More informationUS Government Review 3.1
Class: Date: US Government Review 3.1 True/False Indicate whether the statement is true or false. We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic
More informationFrom Straw Polls to Scientific Sampling: The Evolution of Opinion Polling
Measuring Public Opinion (HA) In 1936, in the depths of the Great Depression, Literary Digest announced that Alfred Landon would decisively defeat Franklin Roosevelt in the upcoming presidential election.
More informationC O U N T R Y R E P O R T
C O U N T R Y R E P O R T The Old and New n Superior Council of Magistracy On November 1 st, 2010, the n Superior Council of Magistracy (CSM) changed its composition. The judges and prosecutors from all
More informationEOC Civics Unit #4 Review. Organization and Function of Government
EOC Civics Unit #4 Review Organization and Function of Government Forms of Government SS.7.C.3.1 Democracy = We The People = Self-Government Direct Democracy Everyone makes decisions Florida is a DD for
More informationIs the JBC a Constitutional Puppet and the Supreme Court its Constitutional Puppeteer?
Is the JBC a Constitutional Puppet and the Supreme Court its Constitutional Puppeteer? Romulo Bernard B. Alarkon* The Honorable Supreme Court, speaking through Justice Teresita Leonardo-De Castro, in the
More informationYou ve probably heard a lot of talk about
Issues of Unauthorized Immigration You ve probably heard a lot of talk about unauthorized immigration. It is often also referred to as illegal immigration or undocumented immigration. For the last 30 years,
More informationChapter 5.1 I. Understanding the Constitution
Chapter 5.1 I. Understanding the Constitution 8.2.6 - The U.S. Constitution balances the powers of the federal government among the legislative, executive, and judicial branches. A. The framers of the
More informationThe Constitution: A More Perfect Union
Unit 3 The Constitution: A More Perfect Union C H A P T E R 9 How has the Constitution created a more perfect Union? P R E V I E W Read the quotation and answer the questions that follow. If men were angels,
More informationThe Constitution: A More Perfect Union
The Constitution: A More Perfect Union How has the Constitution created a more perfect Union? P R E V I E W Read the quotation and answer the questions that follow. If men were angels, no government would
More informationElections in Myanmar 2015 General Elections
Elections in Myanmar 2015 General Elections Frequently Asked Questions Europe and Asia International Foundation for Electoral Systems 1850 K Street, NW Fifth Floor Washington, DC 20006 www.ifes.org November
More informationExpedited Procedures in the House: Variations Enacted into Law
Expedited Procedures in the House: Variations Enacted into Law Christopher M. Davis Analyst on Congress and the Legislative Process September 16, 2015 Congressional Research Service 7-5700 www.crs.gov
More informationSUPREME COURT OF THE UNITED STATES
SUPREME COURT OF THE UNITED STATES TRUMP, PRESIDENT OF THE UNITED STATES, ET AL. v. HAWAII ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 17 965. Argued April 25, 2018
More informationSS.7.C.4.1 Domestic and Foreign Policy alliance allies ambassador diplomacy diplomat embassy foreign policy treaty
The Executive Branch test will include the following items: Chapter 8 textbook, SS.7.C.3.3 Illustrate the structure and function of the (three branches of government established in Articles I, II, and
More informationPreamble. Article I: Overview
Page 1 of 6 University of Cincinnati Undergraduate Student Government Constitution (Revised 5/6/2009 under the authority of Speaker of Student Senate-KWS) (Revised 3/11/2013 under the authority of Speaker
More informationHealth Care Reform Where Will We Be at the End of 2012? Penn-Ohio Regional Health Care Alliance
Health Care Reform Where Will We Be at the End of 2012? Penn-Ohio Regional Health Care Alliance Crystal Kuntz, Senior Director Government Policy Coventry Health Care February 23, 2012 Overview of Presentation
More informationSUPREME COURT OF THE UNITED STATES
(Slip Opinion) Cite as: 531 U. S. (2000) 1 NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the
More informationMagruder s American Government
Presentation Pro Magruder s American Government C H A P T E R 24 Governing the States 2001 by Prentice Hall, Inc. C H A P T E R 24 Governing the States SECTION 1 State Constitutions SECTION 2 State Legislatures
More informationAccording to David Barton, in his book Original Intent
JAMES MADISON S DETACHED MEMORANDA 337 The case of navies with insulated crews may be less within the scope of these reflections. But it is not entirely so. The chance of a devout officer, might be of
More informationPROPERTY RIGHTS AND THE CONSTITUTION
BP-268E PROPERTY RIGHTS AND THE CONSTITUTION Prepared by: David Johansen Law and Government Division October 1991 TABLE OF CONTENTS INTRODUCTION FORMER PROPOSALS TO ENTRENCH PROPERTY RIGHTS IN THE CONSTITUTION
More informationDoes it say anything in Article III about the Supreme Court having the power to declare laws unconstitutional?
The Constitution gives "judicial power," the power for judging, to a Supreme Court and lower courts. Term of the judges: They shall hold office "during good behavior" - that is to say, they cannot be dismissed
More informationInterpreting the Constitution (HAA)
Interpreting the Constitution (HAA) Although the Constitution provided a firm foundation for a new national government, it left much to be decided by those who put this plan into practice. Some provisions
More informationConstitution Test Study Guide
Constitution Test Study Guide Part One: Development of the Constitution Articles of Confederation: America's first government. The 13 states were loosely unified but the government was very weak, with
More informationWikiLeaks Document Release
WikiLeaks Document Release February 2, 2009 Congressional Research Service Report 98-896 IMPEACHMENT GROUNDS: PART 4A: ARTICLES OF PAST IMPEACHMENTS Charles Doyle, American Law Division Updated October
More information