Letter to the editor - The ramifications of a Federal State in the Republic of the Philippines

Much is involved in terms of amending the present constitution to accommodate the needs of federalism.

When we speak of "federalism," we mean an arrangement in which the powers of government are to be divided geographically between the "central" or "national" government and several regional or local governments called States.

In Canada, the states are called provinces run by provincial "premiers" whereas in the United States the local government is known as a "State" administered by a governor. What would be the appropriate term for the Philippines? It remains to be seen but I prefer "Premier" for governor and retain province for each of the states to be.

A federal system of government requires a written constitution for both the national government and the provincial governments. Both constitutions must divide the powers of government on a "territorial" basis. Since each of the province of the Philippines has a well-defined territorial boundary lines, there seems to be no problem with this requirement.

As a result of federalism, there actually exists a "dual" system of government. Each level of government has its own "sphere of authority." Each supervises over the same people and the same territory concurrently.

The "beauty" of federalism is that it allows each State some authority that may not be acceptable in other States or the National Government. For example, in the State of Nevada, USA, gambling is allowed anywhere in the State but is prohibited in other states except in "Indian" lands. In federalism, the national government cannot control most of its actions; in fact, it allows and encourages local choices.

In a federal system, there is a "division of powers" between the national government and the component States. The powers are clearly delineated and defined. For example, only the national government can exercise its "delegated powers such as: (1) to regulate interstates and foreign commerce; (2) to establish laws governing citizenship; (3) to coin/mint money; (4) to control the postal system; (5) to regulate patents and copyrights; (6) to establish a federal court system and courts lower than the Supreme Court; (7) to declare war; (8) to establish the armed forces; (9) to pass law necessary and proper for carrying the preceding powers.

There are powers that are shared between the national government and the States. These are: (1) to tax; (2) to borrow money; (3) to establish penal laws; (4) to charter/license banks; (5) to take private property for public purpose through eminent domain.

There are eight powers exclusively held by the States and not shared with the national government, namely: (1) to regulate suffrage (elections) for State elections; (2) to maintain public education; (3) to establish property laws; (4) to establish marriage laws; (5) to establish laws governing corporations; (6) to establish traffic laws; (7) to regulate inter state commerce; (8) the reserved powers to the States.

In Federalism, the powers are well defined. For example, there are five powers denied to the federal government by the Constitution. These are: (1) to suspend the writ of habeas corpus; (2) to levy taxes on exports; (3) to give preferential treatment to any States; (4) to draw money from the Treasury such as "cash advances;" (5) to accept gifts from a foreign country without consent of Congress.

The national government and the States are denied these powers: (1) to pass bills of attainder; (2) to pass "ex post facto laws;" (3) to grant titles of nobility, e.g., prince, princess, duke, etc.

There are five powers denied to the State governments: (1) to enter into treaties with other foreign nations without the consent of Congress; (2) to coin/mint money; (3) to impair obligations of contract; (4) to place a tax on imports or exports except to carry out their inspection laws; (5) to keep troops or ships in time of peace without the consent of Congress.

All of the above rights and powers denied are spelled out in the fundamental law of the land called the Constitution. In the US, federal law supersedes all other laws. It's defined in the Supremacy Clause legalized by Chief Justice John Marshall. The Supremacy Clause is the "linchpin of the Constitution" and the Supreme Court its "umpire."
Dr. Jose Lucero Bonpua, Jr.
President, CEO
The Museum of Sacred Art, Inc.
888 Calle San Jose
Oslob, Cebu 6025