CHAPTER 9 POWERS OF CONGRESS GENERALLY, 1. Legislative a. Specific powers of appropriation b. Taxation c. Expropriation 2. Non legislative a.

Canvass the presidential elections b. Declare existence of stat of war c. Concurrence to treaties and amnesties d. Propose constitutional amendments e. Impeach Powers are expressly conferred by Constitution, from these may derive implied powers IMPLIED/INHERENT: a. Punish contempt in legislative investigations b. Determination of its rules and proceedings c. Discipline of its members LEGISLATIVE POWER in GENERAL power of the lawmaking ( framing and enactment of laws) effected thru: o adoption of bill o proposed or projected law, which once approved becomes a statute STATUTE- written will of the legislature, solemnly expressed according to the forms necessary to constitute it as law of the state power to make laws includes power to ALTER and REPEAL them Main function of the executive is to enforce laws enacted by Congress. It cannot interfere in the performance of the legislative powers, except in exercise of the veto power. It may not defeat legis enactment by INDIRECTLY REPEALING them. PROCEDURE procedure in the approval of the BILL o BILL is introduced by any member of the House of Rep/Senate except some must originate ONLY in House of Rep o 1st READING- ONLY reading of the number and title of the measure and its referral by Senate President or Speaker to proper committee o May be killed in the committee or may be recommended for approval with or without amendments, sometimes after public hearings. OTHER BILLS of SAME NATURE or PURPOSE may be consolidated into one bill under COMMON AUTHORSHIP or as COMMITTEE BILL o 2nd READING, (MOST IMPORTANT STAGE) read in its entirety, scrutinized, debated and amended when desired o If approved in its second reading, PRINTED in its FINAL FORM and copies distributed at least 3days BEFORE 3rd READING o 3rd READING members merely register their votes and explain if allowed by rules (NO further DEBATE is allowed) yeas and nays are entered in the journal as permanent record o After, SENT TO OTHER CHAMBER (LOWER HOUSE OR UPPER) where it will also undergo 3 READINGS. Differences between the versions approved by the chambers CONFERENCE COMMITTEE representing both houses will draft a compromise measure, if ratified by Upper and Lower will then be submitted to the President for consideration o BILL is ENROLLED when printed as finally approved by the Congress, thereafter authenticated with the signatures of : Senate President Speaker Secretaries of respective chambers Approved by President of Phils

ORIGIN of BILLS Appropriation bill primary and specific purpose of which is to authorize the release of funds from the public treasury Revenue bill levies taxes and raises funds for the government Tariff bill specifies the rates or duties to be imposed on imported articles Bill increasing the public debt illustrated by floating bonds for public subscription redeemable after a certain period Bill of local application involving purely local or municipal matters, like charter of a city Private bills bill granting honorary citizenship to a distinguished foreigner THESE BILLS are supposed to be INITIATED by the HOUSE OF REPRESENTATIVES because more numerous in membership, therefore, more representative of the people. Members are presumed to be more familiar with the needs of the country in regard to the enactment of legislation PROHIBITED MEASURES Certain measure that may not be passed by Congress due to nature of the govt like: o Impairing doctrine of separation of powers o Providing for appointment of elective officers o Prohibitions of Bill of Rights Against ex post facto law Bills of attainder Laws impairing obligation of contracts Purpose is to preserve the republican and democratic nature of our society by prohibiting the creation of privileged classes TIITLE OF BILLS PURPOSE: o Prevent hodgepodge or log-rolling legislation. Defined as any act containing several subjects dealing with unrelated matters representing diverse interests. Main object id to unite the members of the legislature who favor one subject o Prevent surprise or fraud upon legislature o Fairly apprise the people FORMALITIES Constitution did not require 3seperate days for 3 readings It is not unlawful to approve the bill during one day sessions only but may result to half-baked legislations, cannot devote needed time for study Certificate of urgency may be issued ONLY for purposes of public calamity, or emergency Absence, bills must comply with requirements prior to final reading APPROVAL OF BILLS Methods by which a bill becomes a law o President signs it o President vetoes it but veto is overridden by 2/3 vote of all members of each house o President does not act upon it within 30 days after it have been presented to him By signing the bill the president identifies himself with it and indicated his approval of its purposes and provisions He may veto or disapprove upon any ground sufficient for him as where he considers it unconstitutional or efficacious or unwise. Return to house of origin if vetoed indicate his objections veto message so it can be studied by members for possible overriding 2/3 votes is sufficient to invalidate the presidents veto and convert the bill into a law NO partial veto EXCEPT in: o Appropriation revenue o tariff bills

30 day period counts from which bill is supposed to be considered by the president (from DATE OF RECEIPT)

Powers of sword and power of purse must be exercised together

LEGISLATIVE INQUIRIES Power of legis investigation may be implied from express powers, not have to be expressly granted (subject to ABUSE) If inquiry is purely private in nature, outside the scope of the powers of congress LEGISLATIVE INQUIRY MUST BE IN AID OF LEGISLATION, consideration of still to be drafter Conduct of investigation must be strictly in conformity with the rules of procedure which MUST be PUBLISHED in advance for info and protection of witnesses. APPEARANCE OF DEPARTMENT HEADS Informing power of the president may be exercised by him indirectly thought the members of his cabinet, who may appear before either House Provision will enable the Congress to obtain info from dept. secretaries on : o the manner they are implementing the laws it has enacted o matters related to pending or prospective legislations recommended by the administration itself POWER OF TAXATION It is inherent in the state, GENERALLY vested in the legislature MUST be UNIFORM and EQUITABLE, PROGRESIVE SYSTEM Uniformity in taxation persons or things belonging to the same class shall be taxed the same rate Equality in Taxation tax imposed on the basis of the value of the property. Equitable tax burden must be imposed according to a persons capacity to pay Progressive taxation Tax the rate of which increases as the tax base or bracket increases Most important change is the RESTORATION OF TAX EXEMPTION in favor of educational institutions Educ, charitable,religious are now EXEMPT but ONLY if they or their lands, improvements and buildings are actually, directly and exclusively devoted to their BASIC PURPOSE Only NON-PROFIT cemeteries because of proliferation and success of the commercial memorial banks are EXEMPT Bills are passed to support of only a simple majority or majority of those present and voting Provision requires ABSOLUTE MAJORITY of entire membership of Congress bec TAX EXEMPTION is withholding of the POWER TO TAX and LOSS of REVENUE to the govt. POWER OF CONCURRENCE CONSTI requires concurrence of the Congress to an AMNESTY or a TREATY Art7 sec19 President is authorized to grant amnesty with the concurrence of majority of all the members of Congress. Basis of majority is not the members of each house, but, the membership of the legislature as a whole (2/3 of ALL MEMBERS of SENATE) WAR POWERS Declaration not of war but of EXISTENCE of a state of war Renunciation of war as an instrument of national policy War already begun and provoked by the enemy, existence of which, we are only affirming. REACTING to the AGGRESSION Acknowledgement of the state of war is the SOLE ACT of the CONGRESS effected only with 2/3 vote of both houses in joint session, voting separately. President may also participate or begin hostilities President must depend heavily on the Congress for the effective exercise of his military powers.

REFERENDUM AND INITIATIVE Initiative power of the people to: o Propose bills and laws o Enact or reject bills and laws independent of the legislative assembly Referendum right reserved to people to adopt or reject any act or measure which has been passed by a legislative body without action on the part of the electors becomes LAW. METHOD of submitting an important legislative measure to direct a vote of the whole people, submission of a law passed for their approval or rejection POWER OF APPROPRIATION