POWERS OF THE CONGRESS
CLASSIFICATION OF THE POWERS OF CONGRESS
* Enumerated Powers – refer to those specifically or expressly conferred to the Congress by the Constitution. The enumerated powers of the Congress includes: * Power to impose taxes
* Power of appropriations
* Declare the existence of state of war
* Power to meet as board of canvassers in the election of President and Vice President * Power of impeachment
* Power to propose amendments to the constitution among many others * Implied Powers – refer to such other powers as are necessarily implied from the given powers (Government of the Philippine Island vs. Springer, 50 Phil. 259 . This includes: * Power to punish witness for contempt in the conduct of legislative investigation and oversight * To elect such formal leadership of both Houses * To determine the rules of its proceedings, etc. * Inherent Powers – are those that are neither granted nor implied there from, but rather they prefer to those that grow out from the very existence of Congress. It is sometimes referred to as incidental powers the congress enjoys. This includes 3 fundamental powers of State; * Police power
* Power of eminent domain
* Power to taxation
GENERAL LEGISLATIVE POWERS
* The general legislative powers of congress refer to its lawmaking powers. These refer to the authority of the Congress to enact. These power carry with it the right to amend and repeal them. This is considered the most important congressional function. * Under the Constitution, before a bill is approved by the Senate and House becomes a law, it shall be presented to the President for his approval.
Statutes or Republic Acts
- are the laws passed by the Congress.
* An understanding of the lawmaking powers of the Congress requires knowledge on the limitations and the elaborate process of how laws are made.
The following are the limitations on the law-making powers of the legislature:
1. SUBSTANTIVE LIMITATION – refer to the content or subject matter of the law passed by Congress. Express limitations – are expressly provided under the constitutions like the provision in the bill of rights on non-passage of laws abridging the freedom of speech, of expression, or of the press, non-impairment of obligators and contract, non-passage of ex-post facto law and bill of attainder. Implied limitations – those that can be implied from the nature and character of a legislative power under our system of government such as passage of irrepealable laws and the non-delegation of legislative powers are permissible in five instances:
- Delegation of emergency powers to the President
- Delegation of Tariff powers to the President
- Delegation of Administrative bodies
- Delegation to local government unit
- Delegation directly to the people
2. PROCEDURAL LIMITATION – refer to the process or manner of passing law. The following are the procedural limitations provided under the Constitution. A. Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof. The purpose of the constitutional directive that the subject of bill should be embraced in its title is to apprise the legislators of the purposes, the nature and scope of its provisions, and prevent the enactment into law of matters, which have not received the notice action, and study of the legislators or of the public.
B. No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its immediate enactment to meet a public calamity or emergency.
B. Lawmaking Process
The following are the basic steps in the process of law making. * 1. Origin of Bills. The first step in lawmaking...