BANKAL NATIONAL HIGH SCHOOL

Senior High School Department

Bankal, Lapu-Lapu City

In partial fulfillment
Of the requirements for
Politics and Governance

James S. Pino

February 6, 2017

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Table of Contents

What is State?......................................................................................................................2
What is Nation?....................................................................................................................2
What is Globalization?.........................................................................................................3
Elements of the State...........................................................................................................4
Types of Sovereignty...........................................................................................................5
Theories of the Origin of the State.......................................................................................5
Inherent powers of the State................................................................................................6
What is Government............................................................................................................9

Bibliography......................................................................................................................10

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 1. Define and describe the following.

A. What is State?
A state is an organization of human beings living together as a community. The
population of a state comprises all individuals who, in principle, inhabit the territory in a
permanent way. It may consist of nationals and foreigners. As has repeatedly been
pointed out by doctrine, the requirement of a population is not necessarily an equivalent
of the requirement of nationality. The population of a state need not be completely
homogeneous in culture, language, race or otherwise. Indeed, it is even rare, except for
Micro-States, to find a State with a homogeneous people. International law does not
require a minimum number of inhabitants constituting a State. The smallest number of
nationals in a Micro-State can be found in Nauru and in Monaco. This figure can be even
lower if we take into account that theoretically Pitcairn with 52 in habitants has the right
to opt for statehood by virtue of its right to self-determination. No reservations have been
made by the international community with respect to statehood because of the limited
number of nationals of Micro-States, even if the nationals were outnumbered by foreign
residents.
A state is a type of polity that is an organized political community living under a
single system of government. States may or may not be sovereign. For instance, federated
states are members of a federal union, and may have only partial sovereignty, but are,
nonetheless, states. Some states are subject to external sovereignty or hegemony, in
which ultimate sovereignty lies in another state. States that are sovereign are known
as sovereign states.
The term "state" can also refer to the secular branches of government within a state, often
as a manner of contrasting them with churches and civilian institutions.

B. What is Nation?
A nation consists of a distinct population of people that are bound together by a common
culture, history, and tradition who are typically concentrated within a specific geographic
region.
Nation -A distinct group or race of people that share history, traditions and culture.
A nation is a large group or collective of people with common characteristics attributed to
them, including language, traditions, customs, habits, and ethnicity. By comparison, a
nation is more impersonal, abstract, and overtly political than an ethnic group. It is a
cultural-political community that has become conscious of its autonomy, unity, and
particular interests.
Joseph Stalin's Marxism and the National Question (1913) declares that "a nation is not
a racial or tribal, but a historically constituted community of people;" "a nation is not a
casual or ephemeral conglomeration, but a stable community of people"; "a nation is
formed only as a result of lengthy and systematic intercourse, as a result of people living

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together generation after generation"; and, in its entirety: "a nation is a historically
constituted, stable community of people, formed on the basis of a common language,
territory, economic life, and psychological make-up manifested in a common culture."
Adolf Hitler conceived of a nation as being united primarily by racial characteristics,
whose common history, language, and culture was the product of shared ancestry, saying
"What makes a people or, to be more correct, a race is not language, but blood". Hitler
often criticized civic nationalism (in contrast to his ethnic nationalism, saying "It is
almost inconceivable how such a mistake could be made as to think that a Nigger or a
Chinaman will become a German because he has learned the German language and is
willing to speak German for the future and even to cast his vote for a German political
party."

C. What is Globalization?
Globalization is a process of interaction and integration among the people, companies,
and governments of different nations, a process driven by international
trade and investment and aided by information technology. This process has effects on
the environment, on culture, on political systems, on economic development and
prosperity, and on human physical well-being in societies around the world.
Globalization or globalization is the process of international integration arising from the
interchange of world views (, products, ideas, and other aspects of culture. Advances
in transportation (such as the steam locomotive, steamship, jet engine, and container
ships) and in telecommunications infrastructure (including the rise of the telegraph and its
modern offspring, the Internet, and mobile phones) have been major factors in
globalization, generating further interdependence of economic and cultural
activities. Though many scholars place the origins of globalization in modern times,
others trace its history long before the European Age of Discovery and voyages to
the New World. Some even trace the origins to the third millennium BC. Large-scale
globalization began in the 19th century In the late 19th century and early 20th century,
the connectivity of the world's economies and cultures grew very quickly.
The term globalization is recent, only establishing its current meaning in the 1970s.In
2000, the International Monetary Fund (IMF) identified four basic aspects of
globalization: trade and transactions, capital and investment movements, migration and
movement of people, and the dissemination of knowledge Further, environmental
challenges such as global warming, cross-boundary water and air pollution,
and overfishing of the ocean are linked with globalization. Globalizing processes affect
and are affected by business and work organization, economics, socio-cultural resources,
and the natural environment. Academic literature commonly subdivides globalization into
three major areas: economic globalization, cultural globalization, and political
globalization.

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 2. Enumerate and discuss the elements of the state.
Elements
(1) Population
The most basic characteristic of the state is population. As a human organization the state
cannot be formed without some people. A desert in which human beings do not live
cannot be regarded as a state. However, there is no limit prescribed as to the size of
population.
For an ideal state, it should be 5,000 and, Aristotle thinks that it should be 10,000
minimum and 100,000 maximum. In modern times, the maximum and minimum size of
population has not been prescribed. It means that there is no hard and fast rule about the
size of the population of the state. In fact, population varies from few thousands as in
case of Monacol, Guatemala and Leech Tenstein to the millions as in China and India.
Although the modern tendency is in favor of large population of state, it is unwise to
have, a very large population when its resources are scarce.
(2) Territory
The second characteristic of the state is territory or a fixed geographical area on the earth.
In the absence of a fixed territory, a state cannot be constituted. As for example, the
nomadic tribes like Gipsies and others cannot form a state of their own owing to the
absence of a fixed territory, to reside in.
Similarly, the Jews did not from a state till, they definitely settled down in Israel in 1948.
Like population, there is no limit set for the territory of a state. It may vary from a few
square miles as in the case of Monacol and few million square miles as in the Soviet
Union and the United States. In the modern world today, small states as well as big states
exist. From the administrative, point of view small states are always better than big states
but from the point of view of defense, they are not good all.
(3) Government
The state must possess an organized Government. It is the machinery through which the
state must exercise its supreme power. It constitutes the brain of the state. A state cannot
be thought of without some sort of Government. The state performs its various functions
through the Government. J.W. Gamer says, Government is the agency or machinery
through which common policies are determined and by which common affairs are
regulated and common interests are promoted."
(4) Sovereignty
The fourth and the most important element, or characteristic of the state is sovereignty.
Sovereignty means supreme power or ultimate authority against which there can be no
appeal. Externally, the state claims final and absolute authority. It is independent of any
foreign control. Internally, the state is supreme over all of its citizens and associations
within its jurisdiction. All the individual within the state must submit to its will
obediently.

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3. Enumerate and discuss the two types of sovereignity .

Two types of sovereignty

1. Internal sovereignty- It is the supreme authority of a State over theactivities taking

place within its territory and to exclude others from doing any unauthorized interference.
It is of two types
Legal sovereignty- It is the power to make law and to repeal or modify
existing laws.
Political sovereignty- It implies that the will of 'political sovereign' is
ultimately obeyed by the citizens of the State. It is the political sovereignty
that comes into play in international law.

2. External sovereignty- It relates to the recognition on the part of all States that each
possesses this power in equal measure.

4. Theories of the Origins of the State.

Force Theory
This theory proposes that the origin of state is developed through the use of force. One
person or a small group of people claim control over the population in a specific area by
force. Once the rule is well established the state is established. This theory is generally a
result of war. One example: Adolf Hitler and his control over Germany that led to the
attempted control of Europe, as well as the mass genocide of the Jewish population.
Evolutionary Theory
This theory states that the state evolved over time, starting with the primitive family. One
person in the family was determined to be the leader of the family. On a primitive level, a
basic government was formed. Over decades, the family became a clan and a clan
became a tribe. The state was identified when the tribe settled in a designated area and
claimed it as their own.
Divine Right Theory
The divine right theory holds that God created the state. God gave certain individuals of
royal birth the divine right to rule. Since God divinely ordained its rulers and they were
accountable to God, the population obeyed the ruler as they were required to obey God.

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This theory existed in many countries such as England and Europe throughout the Middle
Ages.
Social Contract Theory
In the social contract theory, a specific population within a given designated area gave up
as much power to a government as needed to promote the well-being of all. Specifically,
the community population and the leader have a contract. The state has power and
authority over the territory. The community receives certain services such as a safe,
crime-free area in which to live and keep their rights protected. This theory was
developed in the 17th and 18th centuries by philosophers such as Thomas Hobbes, John
Locke and Jean Jacques Rousseau. The U.S. political system is based on the social
contract theory.

5. Enumerate and discuss the inherent powers of the State.

THE THREE INHERENT POWERS OF THE STATE

POLICE POWER
It is the sovereign power to promote and protect the general welfare. It is the most
pervasive and the least limitable of the three powers of the state, the most essential,
consistent and illimitable which enables the State to prohibit all hurtful things to the
comfort, safety and welfare of the society.

It also refers to the power vested in the legislature by the Constitution to make, ordain,
establish all manner of wholesome and reasonable laws, statutes, or ordinances, either
with penalties, or without, nor repugnant to the constitution, as they shall be judge to be
for the good and welfare of the state and the subjects.

Police power is an inherent attribute of sovereignty. It can exist even without reservation
in the constitution. It is based on necessity as without it, there can be no effective
government. It is also referred to as the law of overwhelming necessity.

What is the basis of the exercise of the police power of the state?
The exercise of police power is founded on the basic principles of saluspopuliest suprema
lex (the welfare of the people is the supreme law) and sic uteretu et alienum non laedas
(so use your property so as not to impair another)

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Who has the ultimate power to determine the necessity and the means of exercising the
police power of the state?
Congress has the ultimate power, because it is the judge of necessity, adequacy,
reasonableness and wisdom of any law. The congress is the constitutional repository of
police power and exercise the prerogative of determining the policy of the state.

Limitations in the exercise of Police power

1. Due process clause
2. Equal protection clause

The basic purposes of Police Power are:

1. To serve the general welfare, comfort and convenience of the people;
2. To promote and preserve public health;
3. To promote and protect public safety;
4. To maintain and safeguard public order;
5. To protect public morals; and
6. To promote the economic security of the people.

POWER OF EMINENT DOMAIN

It is an inherent power of the state that enables it to forcibly acquire private property,
which is intended for public use, upon the payment of just compensation. It is based on
political necessity; it is inseparable from the state unless it is denied to it by its
fundamental law.
Condemnation of private property is justified only if it is for the public good character. It
is the courts of law that have the power to determine whether there is necessity therefore.
Also called the power of expropriation, eminent domain is described as the highest and
most exact idea of property remaining in the government that may be acquired for some
public purpose through a method in the nature of a compulsory sale to the state.
Who may exercise the Power of Eminent domain?
1. The Congress
2. The President
3. The local legislative bodies
4. Certain public corporations (e.g. Land Authority and the MWSS)

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5. Quasi-public corporations (e.g. PLDT and Meralco)
What are the requisites in exercising the power of eminent domain?
1. The property taken must be private property;
2. The taking must be within constitutional sense;
3. The taking must be for public use
4. Just compensation must be paid;
5. There must be due process of law.

The following essential requisites must concur before an LGU can exercise the power of
eminent domain:
1. An ordinance is enacted by the local legislative council authorizing the local chief
executive to exercise the power of eminent domain;
2. It is exercised for the public use, purpose and welfare;
3. There must be payment of just compensation; and
4. A valid and definite offer has been previously made to the owner of the property
south to be expropriated.

POWER OF TAXATION
It is the inherent power of the state to raise revenues to defray the expenses of the
government or for any public purpose. This can be done through the imposition of
burdens or imposition on persons, properties, services, occupations or transactions.
The importance of taxation derives from the unavoidable obligation of the
government to protect the people and extend them benefits in the form of public projects
and services. Taxation is based on necessity and the reciprocal duties of protection and
support between the state and those that are subject to its authority.
Who may exercise the power of taxation?
It is the Congress who exercises the plenary power to tax. However, it may be delegated
by congress to local government units under such terms and conditions as
may prescribed by law.

The following are the requisites or limitations on the power to tax:

1. Public purpose;
2. Territoriality;

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3. Uniformity;
4. Due process and equal protection clause;
5. Constitutionally exempt properties cannot be taxed;
6. In the assessment and collection of certain kinds of taxes, notice and opportunity for
hearing must be provided.

6. What is government?
The government is the executive branch of the state and has the role to administer the
state uniformly in the following aspects: political, economic, social, cultural, use of
natural resources, environmental protection, national defense and security, and foreign
affairs. Form of state is defined depending on the constitution drafted, generally structure
of state can be divided into: unitary state and federal state, this probably affects the
government in exercising limit on its power.
Dictionaries and scholars define government in different ways. Let's build a word map to
help us sort out these definitions. We'll begin by writing the word 'government' and
circling it. Then we'll draw lines connecting each definition to our central term.
The Merriam-Webster Dictionary offers three definitions of government:
1. 'the group of people who control and make decisions for a country, state, etc.'
2. 'a particular system used for controlling a country, state, etc.'
3. 'the process or manner of controlling a country, state, etc.'
Notice here that government can be defined by the people involved, the system in place,
or the process in use.
Dr. Harold Damerow, a professor of government and history, gets a bit more specific with
his definition. He says that government is 'responsible primarily for making public policy
for an entire society.' He also mentions that government is 'the steering mechanism for a
given society.' It forms the policies that keep a particular society heading in the right
direction.
Finally, Black's Law Dictionary mentions that institutions of the government 'regulate the
relationships among members of a society and between the society and outsiders' and that
they 'have the authority to make decisions for the society' to meet goals and maintain
order.
While all of these definitions help, us grasp the meaning of the word 'government,' they
provide a lot to remember, so let's summarize. Government, whether we refer to the
system or institutions in operation, the group of people in charge, or the process in use, is
the authority that sets rules for a society, helps its members relate to one another and to
others, and keeps it running smoothly, securely, and peacefully.

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