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Constitutional Law I Midterm Reviewer

Constitutional Law I Midterm Reviewer

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Published by Brian Balio

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Published by: Brian Balio on Aug 08, 2012
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09/30/2012

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Constitutional Law IMidterm Exam Review Guide
Question:#1
 
Distinguish between De Jure and De Facto Government.
#2
Define the Doctrine of State Immunity. What are its bases?
#3
Distinguish between Justiciable and Political Question.
#4
Define the Principle of Checks and Balances. How does each branch of government checks its other co-equal branches and vice versa?
#5
 
What does potestas delegata non delegari potest mean? Explain.
#6
Can the Senate entirely replace a revenue bill initiated in the House of Representatives?
#7
Can the Senate enrol a revenue bill initiated in the House of Representatives without passing it through the Second and Thirdreadings?
#8
Can two bills be the subject of a Bicameral Conference Committee,considering that the bill from one house had not been passed by the otherand vice versa?
#9
Can the Current Senate adopt the Rules of Procedure in Investigation in Aidof Legislation created and published by the former Congress?
#10
Distinguish between Initiative and Referendum.
 
#11
Distinguish Congressional Inquiry from Congressional Question Hour.
#12
Define Executive Privilege. Is Implied Claim of Executive Privilege Valid?
#13
 
Can the current practice of the Judicial and Bar Council (JBC) to perform itsfunctions with eight (8) members, two (2) of whom are members of Congress, be upheld? In the event that it cannot be upheld, should theactions made by the JBC be declared inoperative as if it has not beenpassed at all?
 
Answers:#1
 
Distinguish between De Jure and De Facto Government.TopicChapter 3: The Concept of the StateSuggested Answer:
 De Jure Government may be distinguished from De Facto Government as follows:The former has rightful title but no power or control, either because this has beenwithdrawn from it or because it has not yet actually entered into the exercisethereof, while the latter, is a government of fact, that is, it actually exercisespower or control but without legal title.
#2
Define the Doctrine of State Immunity. What are its bases?TopicChapter 4: The Doctrine of State ImmunitySuggested Answers:
(1)
 
The Doctrine of State Immunity, as provided by the law, declares that thestate may not be sued without its consent. This doctrine recognizes thesovereign character of the state.(2)
 
The bases of Doctrine of State Immunity are as follows:
 
a.
 
Indiscriminate suits against the state challenges its supposedinfallibility.b.
 
Indiscriminate suits divert the time and resources of the State fromthe more pressing matters.
#3
Distinguish between Justiciable and Political Question.TopicChapter 6: Separation of PowersSuggested Answer:
 Justiciable Question may be distinguished from Political Question as follows:1.
 
The former questions the validity or legality of a particular measure orcontested act, while the latter, questions its wisdom, efficacy orpracticability.2.
 
More specifically, the former implies a given right, legally demandable andenforceable, an act or omission violative of such right, and a remedygranted and sanctioned by law, for said breach of right. It is a questionwhich does not involve an encroachment upon the legislative or executivepower. While the latter, is one which, is to be decided by the people intheir sovereign capacity, or in regard to which full discretionary authorityhas been delegated to the legislative or executive branch of thegovernment; and3.
 
Since the former is a question that does not involve an encroachment uponthe legislative or executive power, it is one which is proper to be examinedor decided in courts of justice. While in the latter, since it is one whichinvolves full discretionary authority delegated to the legislative andexecutive branch, the judicial department have no jurisdiction over thesematters in order to avoid encroachment upon its other co-equal branch of government.
#4
Define the Principle of Checks and Balances. How does each branch of government checks its other co-equal branches and vice versa?

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