Federalism: a Filipino Viewpoint

Federalism

 Federalism is the mixed or compound mode of

government, combining a general government (the
central or 'federal' government) with regional
governments (provincial, state, cantonal, territorial or
other sub-unit governments) in a single political
system.
 What is Federalism

 Its distinctive feature, exemplified in the founding

example of modern federalism by the United States
of America under the Constitution of 1787, is a
relationship of parity between the two levels of
government established.

 (Wheare, Kenneth (1946) Federal Government, Oxford University Press, London, pp. 10-15. Madison, James,
Hamilton, Alexander and Jay, John (1987) The Federalist Papers, Penguin, Harmondsworth, p. 258
 Federalism

 It can thus be defined as a form of government in

which there is a division of powers between two
levels of government of equal status.

 Law, John (2013) 'How Can We Define Federalism?', in Perspectives on Federalism, Vol. 5, No. 3, pp. E105-6
 Federalism vs Confederalism

 Federalism differs from confederalism, in which the

general level of government is subordinate to the
regional level, and from devolution within a unitary
state, in which the regional level of government is
subordinate to the general level.

 Wheare, Kenneth (1946) Federal Government, Oxford University Press, London, pp. 31-32.
 Federalism vs Confederalism

 It represents the central form in the pathway of

regional integration or separation, bounded on the
less integrated side by confederalism and on the
more integrated side by devolution within a unitary
state.

 Wheare, Kenneth (1946) Federal Government, Oxford University Press, London, pp. 31-32.
General Idea behind Federalism

 The terms 'federalism' and 'confederalism' both have

a root in the Latin word foedus, meaning "treaty, pact
or covenant." Their common meaning until the late
eighteenth century was a simple league or inter-
governmental relationship among sovereign states
based upon a treaty.
General Idea behind Federalism

 They were therefore initially synonyms. It was in this

sense that James Madison in Federalist 39 had
referred to the new United States as 'neither a
national nor a federal Constitution, but a composition
of both' (i.e. neither a single large unitary state nor a
league/confederation among several small states, but
a hybrid of the two).
General Idea behind Federalism

 In the course of the nineteenth century the meaning

of federalism would come to shift, strengthening to
refer uniquely to the novel compound political form,
while the meaning of confederalism would remain at
a league of states
General Idea behind Federalism

 Modern federalism is a system based

upon democratic rules and institutions in which the
power to govern is shared between national and
provincial/state governments.
 The term federalist describes several political beliefs
around the world depending on context.
General Idea behind Federalism

 Federalism is sometimes viewed as in the context of

international negotiation as "the best system for
integrating diverse nations, ethnic groups, or
combatant parties, all of whom may have cause to
fear control by an overly powerful center.“
 However, in some countries, those skeptical of
federal prescriptions believe that increased regional
autonomy is likely to lead to secession or dissolution
of the nation
 Constitutional Structure

 In a federation, the division of power between federal

and regional governments is usually outlined in
the constitution. Almost every country allows some
degree of regional self-government, in federations
the right to self-government of the component states
is constitutionally entrenched.
 Constitutional Structure

 Component states often also possess their own

constitutions which they may amend as they see fit,
although in the event of conflict the federal
constitution usually takes precedence.
 Constitutional Structure

 In almost all federations the central government

enjoys the powers of foreign policy and national
defense as exclusive federal powers. Were this not
the case a federation would not be a single sovereign
state, per the UN definition
 Constitutional Structure

 Beyond this the precise division of power varies from

one nation to another. The constitutions
of Germany and the United States provide that all
powers not specifically granted to the federal
government are retained by the states. The
Constitution of some countries like Canada and India,
on the other hand, state that powers not explicitly
granted to the provincial governments are retained
by the federal government.
 Constitutional Structure

 Much like the US system, the Australian Constitution

allocates to the Federal government (the
Commonwealth of Australia) the power to make laws
about certain specified matters which were
considered too difficult for the States to manage, so
that the States retain all other areas of responsibility.
 Constitutional Structure

 It is common that during the historical evolution of a

federation there is a gradual movement of power
from the component states to the centre, as the
federal government acquires additional powers,
sometimes to deal with unforeseen circumstances.
 Constitutional Structure

 The acquisition of new powers by a federal

government may occur through formal constitutional
amendment or simply through a broadening of the
interpretation of a government's existing
constitutional powers given by the courts.
 Constitutional Structure

 Usually, a federation is formed at two levels: the

central government and the regions (states,
provinces, territories), and little to nothing is said
about second or third level administrative political
entities.
 Constitutional Structure

 Federations often employ the paradox of being a

union of states, while still being states (or having
aspects of statehood) in themselves. For example,
James Madison (author of the US Constitution) wrote
in Federalist Paper No. 39 that the US Constitution "is
in strictness neither a national nor a federal
constitution; but a composition of both. In its
foundation, it is federal, not national; in the sources
from which the ordinary powers of the Government
are drawn, it is partly federal, and partly national..."
 Constitutional Structure

 This stems from the fact that states in the US

maintain all sovereignty that they do not yield to the
federation by their own consent. This was reaffirmed
by the Tenth Amendment to the United States
Constitution, which reserves all powers and rights
that are not delegated to the Federal Government as
left to the States and to the people.
 Federalism in the Philippines

 The concept of a federal government for the

Philippines was proposed as early as the Philippine
Revolution with Filipino revolutionaries Emilio
Aguinaldo and Apolinario Mabini suggesting dividing
the islands into three federal states.
 Federalism in the Philippines

 Several Initiatives were proposed to amend the 1987

Constitution in order to adopt a federal form of
government.
1. Joint Resolution 10 (2008)
2. House Concurrent Resolution No. 15 (2008)
3. 2018 House Subcommittee 1 Proposal
2018 House Subcommittee 1 Proposal

The 2018 House Subcommittee 1 Proposal on the Draft

Constitution of the Federal Republic of the Philippines
proposes a Federal Bicameral Parliamentary Republic
form of Government.
 Federal Assembly

The Federal Assembly shall consist of not more than 300

members. The provision on the membership and
composition of the Federal assembly is almost the same
as with Sec. 5 of Article VII of the 1987 Constitution.
The Main Difference is that with the proposal, the
required number of voters per District is increased from
250,000 to 350,000
 Senate

Each State shall have a minimum of 3 seats in the

senate. The senators receiving the highest number of
Direct Votes by registered voters in a region shall
represent their region in the senate.
 Parliamentary Leadership

The FEDERAL ASSEMBLY shall elect its Speaker and the

Senate, its President, by a majority vote of all its
respective Members. The Federal Assembly and the
Senate shall each choose such other officers as it may
deem necessary.
 President

The President of the Philippines shall be the head of

state symbolizing the sovereignty of the people, and
the unity and solidarity of the nation.

The president shall be elected by a direct vote of the

people for a term of five (5) years with one (1) re-
election.
 Powers and Functions of the
President

The President shall have the following powers:

1. Oversight of all branches of Government
(Legislative/Executive, Judiciary) Constitutional
Bodies, Independent Bodies, Departments, Agencies
and offices of the Government
2. Head of International Relations and Foreign Affairs
3. Commander in Chief of the Armed Forces
 Powers and Functions of the
President

The President shall have the following powers:

4. Appointing power
5. Pardoning power
6. Residual Power
 Powers and Functions of the
President

The President shall have the following Functions:

1. Represent the country in all foreign relations
2. Ensure the Sovereignty of the Country
3. Head of the Armed Forces
4. Enter into Treaties
 Powers and Functions of the
President

The President shall have the following Functions:

5. Appoint the Following Officials
1. Members of the Judiciary including Justices of the Supreme
Court, Sandiganbayan, Court of Appeals, Court of Tax
Appeals, and all other judges of the lower courts
2. Members of the Constitutional bodies
3. Officers of the Armed Forces of the Philippines from the
rank of Brigadier General or Commodore
4. Foreign Affairs Officials from the rank of Director IV
5. Foreign Service officers from the rank of Deputy
Ambassadors and Deputy Consuls, including Special Envoys
 Powers and Functions of the
President

The President shall have the following Functions:

6. Address the Parliament on the State of the Nation
Address at the Opening of its Regular Session
7. Proclaim the Election of the Prime Minister
8. Grant Reprieves, Commutations and Pardons, as
well as absolve fines and forfeitures, after
conviction of final judgement, except in cases of
impeachment or as otherwise provided in the
constitution.
 Powers and Functions of the
President

All powers, functions and limitations of the President of

the Philippines under the 1987 Constitution, and the
laws of the land which are not provided for or conferred
upon by any official, shall be deemed, and hereby
vested in the Prime Minister, unless otherwise provided
by the constitution.
The Prime Minister and the Cabinet

The Prime Minister shall be the Head of Government.

The Prime Minister and the Cabinet shall constitute the
Government and exercise executive power.

The Prime Minister shall be elected by a majority of all

the members of Parliament from among themselves.
The Prime Minister and the Cabinet

The Functions of the Prime Minister shall include the

following:
 Prepare the Annual Program of the Government
 Prepare the Annual Budget of the Federal
Government
 Execute all laws, lawful orders of the Federal
Supreme Court
 Enter into Contracts, including loans, on Behalf of the
Federal Government
The Prime Minister and the Cabinet

The Prime Minister shall appoint all heads of Executive

Offices, including Cabinet members and police officials
from the rank of Police Director. Members of the
Cabinet may be removed at the discretion of the Prime
Minister. The Prime Minister or any member of the
Cabinet may resign from the Cabinet for any cause
without vacating his seat in parliament.
The Federal Government and the
States

 The States shall not signify the establishment of a

distinct sovereignty and the states shall remain
integral and inseparable parts of the country. States
or local governments or any of its territory shall not
secede from the Federal republic and any act of
secession shall be dealt with under Federal laws.
The Federal Government and the
States

 The basic political units of each state are the

provinces, cities, municipalities and barangays
 Each State shall have its own State Constitution,
adopt its name, and choose a capital, flag, anthem
and seal.
The Federal Government and the
States

 The territory of the Federal Republic are divided into

the following states:
 • The State of Luzon;
 • The State of Visayas;
 • The State of Mindanao;
 • The State of The Bangsamoro; and
 • The State of Metro Manila which is also the seat of
the Federal Government
The Federal Government and the
States

 Each State shall have a unicameral assembly which

shall exercise the legislative power of the state
government.
 Each Province shall have 2 representatives; a highly
urbanized city has 1. both shall be directly elected
from each province.
The Federal Government and the
States

 The state shall be headed by a Premiere, who shall

exercise the executive power of the state
government, who shall be elected by a majority of the
members of the State Assembly. The Premiere shall
have the power to appoint state cabinet members
and other state government positions as may be
provided in the state constitution
The Federal Government and the
States

 The terms of office of elective state officials shall be five

years and shall serve no more than two (2) consecutive
terms.

 Amendments or revisions in State organic acts shall only be

effective upon approval of majority of the votes cast in a
state in a plebiscite.

 Each state shall organize, supervise and maintain their

own police agencies to ensure the preservation of peace
and order
The Federal Government and the
States

 The Federal Government shall exclusive legislative

powers of the Following:
 National Defense and Security
 Foreign Affairs
 Currency, money and coinage
 Trade and commerce with other countries
 Trade and Commerce between states
 Borrowing Money on public credit of the Federation
The Federal Government and the
States

 The Federal Government shall exclusive legislative

powers of the Following:
 National territory
 Immigration and Citizenship
 Transportation, postal and Telecommunications
 Intellectual property Rights
 Federal Finance – Taxation, Budget and Audit
 Meteorology Standards, Standards of Weight and
Measures, and Time Regulation
The Federal Government and the
States

 The State Government Government shall exclusive

legislative powers of the Following:
 State and Local Elections
 State Civil Service
 State Justice
 Public Transportation and Public Utilities
 State Socio-Economic Planning
 State Finance – Taxation, Budget and Audit
The Federal Government and the
States

 The State Government Government shall exclusive

legislative powers of the Following:
 State Aid to Local Governments
 Agriculture and Fisheries
 Forestry
 Environment and Natural Resources
 Industrial Development
 Mining
The Federal Government and the
States

 The State Government Government shall exclusive

legislative powers of the Following:
 Waterworks
 Administration and enforcement of State laws and
programs
 Basic and Secondary Education and State higher
Education
 Cultural Development
The Federal Government and the
States

 The State Government Government shall exclusive

legislative powers of the Following:
 Regional and Local Language Development
 Police Law and Order
 State Public Works
 Games and Amusement
 Marriage and personal relations
The Federal Government and the
States

 The Federal and State Governments shall have

concurrent powers over the following:
 Administration of Federal laws and programs
 Health
 Education (Federal Standard for and regulation of
higher Education; Standard setting and assistance to
Basic and Secondary Education)
 Social Security
The Federal Government and the
States

 The Federal and State Governments shall have

concurrent powers over the following:
 Cultural Development
 Sports Development
 Research and Development for Agriculture, forestry,
fisheries, environment and natural resources, industrial
development, and mining
 Establishment, management and maintenance of
penitentiaries
The Federal Government and the
States

 The Federal and State Governments shall have

concurrent powers over the following:
 National Language Development
 Public Safety/Law enforcement
 Environmental and ecological protection
 Energy
 Tourism
 Ancestral Domain
The Federal Government and the
States

 The Federal and State Governments shall have

concurrent powers over the following:
 Population management
 Labor and Trade Unions
 Science and technology
 Common Infrastructure – National power grid, Roads,
Highways, Airports, Seaports, Railways
 To Charter Cities and create Municipalities
Advantages of a Federal System

1. A Protection against Tyranny - One of the most

important points of federalism in dividing the power
between the national government and state
governments, is that it serves as a deterrent to
tyranny and runaway power.
Advantages of a Federal System

2. Increasing Citizen Participation – By not centralizing

all power into the hands of a national government,
but sharing that power with state governments,
which are closer to the level of the common citizen,
our founders actually increased a citizen’s ability to
effect their government, government policy, and
law making.
Advantages of a Federal System

3. More Efficient – When some of the power of the

government is dispersed among the states, giving
states the right to solve some of their own
problems, you allow for more efficiency within the
system. To try to have a national solution to all
problems, which could be referred to as a ‘cookie-
cutter method’ of law and policy making, you end up
with solutions that are more effective in some
states, and less effective in others.
Advantages of a Federal System

3. More Efficient –To allow states to create solutions

to their own problems, using policies and laws that
work best in their state, means that each state can
come up with its own solution, making government
more efficient.
Advantages of a Federal System

4. Conflict Management – By allowing different

communities and states to create their own policies,
they allow for people with irreconcilable
differences, or very strong disagreements, to live in
separate areas, and create their own solutions, or
policies, that would be totally disagreeable to the
other people in other states or regions of the
country.
Advantages of a Federal System

5. Innovation in Law and Policy is Encouraged – By

allowing for many state governments, different sets
of policies can be tried, and the ones found most
effective at solving its problems can then be
implemented in other states, or on the national
level.
Advantages of a Federal System

5. Innovation in Law and Policy is Encouraged –.

Imagine Christopher Columbus trying to get funding
to voyage across the Atlantic Ocean if there was a
unified Europe back then, with its head saying ‘no!’
to him; instead, he had several governments from
which he could try to get his funding – he got turned
down by several governments before Spain gave
him the okay.
Advantages of a Federal System

5. Innovation in Law and Policy is Encouraged –The

same principle applies today– something that is
rejected in one state can most likely be tried in
another state, with competition leading the way,
based on effectiveness of those laws.
Advantages of a Federal System

5. State Governments Can be More Responsive to

Citizen Needs – The closer a government entity is to
its citizens, the more likely it is the respond to the
needs of citizens. States are more likely to listen to
citizen needs, and respond to them, than the
national government would be.
Disadvantages of a Federal System

1. It Allows for Inequalities Between Different States

– For example, instead of education funding
throughout the country being the same, since it is a
state issue, some states will spend more, per capita,
on education than other states, causing what could
be considered a disparity. The same goes for other
things, as well, such as taxes, health care programs,
and welfare programs.
Disadvantages of a Federal System

2. The Blockage of Nationalist Policies by States –

States can fight against the existence of certain
national laws by challenging them in court, or going
out of their way to not enforce those national laws,
or even deliberately obstructing enforcement of
national laws.
Disadvantages of a Federal System

3. Racing to the Bottom – One argument given is that

states will compete with each other in an
oppositional way, by reducing the amount of
benefits they give to welfare recipients compared
to, say, a neighboring state, motivating the
undesirables to go to the neighboring state, thereby
reducing their welfare costs even more. This
reduction of state benefits to needy has been
deemed the ‘race to the bottom.’
Question Time
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