BASIC CONCEPTS: CONSTITUTIONAL DESIGN OF GOVERNMENT POWERS

TLG BAR REVIEW POLITICAL AND PUBLIC INTERNATIONAL LAW BASIC CONCEPTS: CONSTITUTIONAL DESIGN OF GOVERNMENT POWERS [SEGMENT 1: SEPARATION OF POWERS] Let us now examine the constitutional design of government powers, beginning with the doctrine of separation of powers. Why does the Constitution divide governmental authority among three branches? The answer lies in the prevention of the concentration and abuse of power. Under the 1987 Constitution, legislative power is principally vested in Congress, executive power in the President, and judicial power in the Supreme Court and such lower courts as may be established by law. Each branch has its own constitutionally assigned functions. Congress enacts laws. The Executive implements and enforces them. The Judiciary interprets the law and settles actual controversies involving legally demandable and enforceable rights. The doctrine does not mean that the branches operate in complete isolation. Rather, each branch must respect the constitutional functions of the others. For the Bar Examination, remember: separation of powers allocates governmental functions to prevent the concentration of authority in a single branch. [SEGMENT 2: CHECKS AND BALANCES] But if governmental powers are separated, how do we prevent one branch from abusing its own authority? The answer is the doctrine of checks and balances. While each branch exercises its own constitutional powers, the Constitution provides mechanisms through which one branch may restrain or review certain acts of another. Consider a few examples. The President may veto a bill passed by Congress, subject to the constitutional power of Congress to override that veto. The Senate has the exclusive power to try and decide impeachment cases under Article XI, Section 3. The Judiciary may declare a governmental act unconstitutional when the requirements for judicial review are satisfied. These mechanisms do not destroy the independence of the branches. They preserve constitutional equilibrium by ensuring that no branch exercises unlimited power. Thus, remember the distinction: separation of powers divides governmental authority; checks and balances restrain its possible abuse. [SEGMENT 3: DELEGATION OF POWERS] We now turn to delegation of powers. May Congress delegate its legislative power to another body? As a general rule, legislative power cannot be delegated. The underlying principle is that the authority to make laws must be exercised by the constitutionally designated lawmaking body. However, the rule is subject to recognized exceptions. Congress may authorize administrative agencies to fill in the details necessary to implement a law, provided that the legislature has established sufficient standards and policy guidelines. This is commonly explained through the completeness test and the sufficient standard test. Under the completeness test, the law must be complete in all its essential terms and conditions when it leaves the legislature, so that the delegate is merely tasked with implementing it. Under the sufficient standard test, the law must provide adequate standards to guide the delegate and prevent arbitrary or uncontrolled discretion. Other recognized situations include the delegation of certain emergency powers to the President under Article VI, Section 23(2), subject to constitutional conditions, and the authority of local government units to exercise powers granted by law. The important distinction is between making the fundamental policy, which belongs to the legislature, and implementing that policy within lawful limits, which may be entrusted to another body. [SEGMENT 4: BAR EXAMINATION RECALL] Let us summarize the three doctrines. First, separation of powers distributes governmental functions among the legislative, executive, and judicial branches. Second, checks and balances allow constitutionally authorized restraints among the branches to prevent abuse. Third, non-delegation is the general rule, but delegation may be valid when it falls within a recognized exception and satisfies the applicable constitutional requirements. For Bar purposes, do not merely identify the doctrine. Apply it to the facts. Ask yourself: Which branch exercised the power? Was that power constitutionally assigned to it? Was another branch exercising a valid check? And, if legislative authority was delegated, were the completeness and sufficient standard tests satisfied? These questions provide the framework for analyzing constitutional disputes involving the distribution and exercise of governmental power.