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Federalism

The History, Philosophy, Philippine
Context and Sociological View.

By: Christianne Nicole A. Giron

Historical Background of Federalism

 Also called layer-cake federalism  Different “levels” rarely overlapped . economic regulation. and criminal law. and fostering commerce. foreign policy. roughly 1789 through World War II.Dual federalism (1789–1945)  National government dealt with national defense.  Describes the nature of federalism for the first 150 years of the American republic. whereas the states dealt with local matters.

ratified a few years after the Civil War in 1868. includes three key clauses. .  State’s rights covers the legality of the federal government of slavery. which limit state power and protect the basic rights of citizens.THE CIVIL WAR AND THE FOURTEENTH AMENDMENT (1861–1868)  The Union victory solidified the federal government’s power over the states and ended the debate over states’ rights.  A threat to civilians  The Fourteenth Amendment.

The privileges and immunities clause declares that no state can deny any citizen the privileges and immunities of American citizenship. The due process clause limits states’ abilities to deprive citizens of their legal rights.Three Key Clauses 1. 3. The equal protection clause declares that all people get the equal protection of the laws . 2.

Cooperative Federalism (1945–1969)  marble-cake federalism.  Federal authority and state authority have become intertwined  The national government has become integrated with the state and local governments. making it difficult to tell where one type of government begins and the other types end. .

policy of giving states power and responsibility for some program . as well as devolution  Devolution .New Federalism (1969– present)  “power should be given back to the states”  New Federalists have argued for specific limits on federal power.

• Dual Federalism 1789–1945 • THE CIVIL WAR AND THE FOURTEENTH AMENDMENT 1861-1868 • Cooperative Federalism 1945-1969 1969- • New Federalism (1969–present) Present .

Federalism: A Philippine Context .

 One of the first proponents of federalism in the Philippines in the 21st century is University of the Philippines professor Jose Abueva who argued that a federal form of government is necessary to more efficiently cater to the needs of the country despite its diversity . 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.

 Movements for federalism were further intensified since the draft of the Bangsamoro Basic Law was submitted by Philippine president Benigno Aquino III to the Congress in September 10. Davao City mayor Rodrigo Duterte launched a nationwide campaign promoting a charter change for federalism. . 2014. Even though the purpose of Federalism was never intended to appease any followers of any specific ideology of religion. If approved. Federalism will also hasten economic development since resource and financial mobilization is upon each states' or provinces' discretion without significant constraint from the central government  Beginning in late 2014. this law establishes the Bangsamoro as an autonomous region with its own parliamentary government and police force.

. According to the proposal. o Each states to be led by a premiere as its executive head will have a State Assembly according to the proposal. politicians will have 'more than' two consecutive terms. making them eligible to run for office with no term limit.  The proposal has been hit by massive criticism due to general lumping and a lack of representation. The Sub-Committee 1 of the House of Representatives Committee on Constitutional Amendments proposed that: o a federal Philippines would comprise of five states.

Is Federalism Good or Bad? .

Complexity of the It is arbitrary concept Neither It can side for the good It is impossible to and the bad weigh. .

Punto de Vista .

Federal arrangements can accommodate minority nations who aspire to self determination and the preservation of their culture. language or religion.1. Such autonomy and immunity arrangements are clearly preferable to the political conflicts that might result from such groups' attempts at secession. Central authorities may respond with human rights abuses. . civil wars or ethnic cleansing to prevent such secessionist movements.

15). ch. . through deliberation and offices in both member unit and central bodies that ensures character formation through political participation among more citizens (Mill 1861.– Federal orders may increase the opportunities for citizen participation in public decision-making.

Sociological View on Federalism .

– Federalism can be described as a system of government in which the indicators of social. political and economic development are pursued by a coordinated effort of both central and other incorporated units of government. is general to all definitions of the concept of federalism. the idea of the existence of a central as well as other equally independent units of government. the pursuit of development by central and other integrated independent units of government. Even though this definitions contrast with other popular definitions of the term. . Simply put.

. also argues in the line of Burgess that federalism can be considered as an ideology which holds that the ideal organization of human affairs is best reflected in the collaboration of diversity through unity.– Graham Smith (1995:4).