Constitutional Law 1 Reviewer

Political Law - branch of public law which deals with the organization and operation of the governmental organs of the State and define the relations of the state with the inhabitants of its territory (People vs. Perfecto)

The Philippine Constitution Constitution  

body of rules & maxims in accordance w/ w/c the powers of sovereignty are habitually exercised written instrument enacted by direct action of the people by w/c the fundamental gov’t powers are established, limited & defined, & by w/c those powers are distributed among the several depts.

PURPOSE – prescribe the permanent framework of a gov’t system, to assign to the depts. their respective powers & duties, establish certain principles on w/c the gov’t is founded

Rules on Interpretation: 1. Verba legis – Whenever possible, the words used in the Constitution must be given the ordinary meaning except where technical terms are employed. 2. Ratio legis et anima – Where there is ambiguity, the words of the Constitution should be interpreted in accordance with the intent of the framers. 3. Ut magis valeat quam pereat – The Constitution has to be interpreted as a whole. (Francisco v. HR, GR No. 160261, Nov. 10, 2003)

1987 Constitution  

Ratified on: Feb. 2, 1987 EFFECTIVITY o This Constitution shall take effect immediately upon its ratification by a majority of the votes cast in a plebiscite held for the purpose and shall supersede all previous Constitutions. o Approved by the Constitutional Commission of 1986 on the twelfth day of October 1986 o Accordingly signed on the fifteenth day of October 1986 at the Plenary Hall, National Government Center, Quezon City, by the Commissioners whose signatures are hereunder affixed.

Power of Judicial Review Nature of Judicial Power/Review: 

The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. (Sec 1 Art VIII)  Scope: o to settle actual controversies involving rights which are legally demandable and enforceable

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to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government.

Requisites for the exercise of judicial review Conditions for exercise of judicial review: 1. Appropriate case  conflict of legal rights or an assertion of opposite legal claims susceptible of judicial determination (Nachura). The court must resolve constitutional issues only when they come to it at the right time (ripeness).  Mootness – a case becomes moot when there are facts, injuries and heated arguments but for some reason the legal problem has become stale. When a case is moot and academic, it ceases to be a case and controversy. Any decision reached by the court would not be conclusive on the parties.  Exceptions to mootness:  If the question is capable of repetition and evasive of review.  If there exists a mere possibility of collateral legal consequences if the court does not act.  Voluntary cessation from the wrongful act by the defendant, if he is free to return to his old ways 2. Personal and substantial interest – standing  A proper party is one who has sustained, or is in imminent danger of sustaining, an injury as a result of the act complained of.  May be established by two nexuses: 1. party's status and the type of legislative act being questioned 2. status and the precise nature of the constitutional infringement.  General Rule: validity of a statute may be contested only by one who will sustain a direct injury, in consequence of its enforcement  Exceptions: o A senator has the requisite standing to bring a suit assailing issuance/implementation of a law as a usurpation of legislative power (Ople v. Torres) o A party’s standing in court is a procedural technicality w/c may be set aside by the Court in view of the importance of the issues involved. Thus, where the issues raised by petitioners are of paramount public interest or of transcendental importance, the Court may brush aside the procedural barrier (Kilosbayan vs. Morato) o A taxpayer may impugn the misuse of public funds (Ople v. Torres; Pascual v. Sec. of Public Works)  Locus standi – right of appearances in a court on a given question; arises in public suits where the plaintiff asserts a public right in assailing validity

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Taxpayers’ suit – case where the act complained of directly involves the illegal disbursement of public funds derived from taxations Requisites of taxpayer suits: i. Public funds derived from taxation are disbursed by a poitical subdivision ii. Petitioner is directly affected by the alleged act Question raised at the earliest opportunity  General rule: question must be raised in the pleadings Lis mota of the case Because of the doctrine of separation of powers which demands that proper respect be accorded the other branches of government, courts are loath to decide on constitutional questions as long as there is some other basis that can be used to resolve the case. It must appear conclusively that the case before the court may not be legally settled unless the constitutionality of the statute involved is determined (Sinco) Violates the constitution clearly, plainly and palpably

Functions of Judicial Review: 1. Checking – invalidating a new law/executive act that is found to be contrary to the Constitution 2. Legitimating (Legitimizing) – upholding the law’s validity w/c results from a mere dismissal of a case challenging it. Anyone who challenges it has the burden of proof. 3. Symbolic – educate the bench & bar as to the controlling principles & concepts on matters of great public importance

Who can exercise judicial review?  

All courts can exercise judicial review Powers of SC: o Review o Revise o Reverse o Modify o Affirm on appeal/certiorari final judgments & orders of lower courts in all cases w/c:  Constitutionality/validity is in question  Legality of any tax, assessment, toll or any penalty imposed is involved  Jurisdiction of any court is in issue  Criminal cases in w/c the penalty imposed is reclusion perpetua or higher  An error/question of law is involved

Political question  An issue is a political question when it does not deal with the interpretation of a law and its application to a case, but with the very wisdom of the law itself.

 Guidelines for determining whether a question is political or not (Baker v Carr): o Textually demonstrable constitutional commitment of the issue to a political department o Lack of judicially discoverable and manageable standards for resolving it o Impossibility of deciding without an initial policy determination of a kind clearly for non-judicial discretion o Impossibility of a court’s undertaking independent resolution without expressing lack of the respect due coordinate branches of government o An unusual need for unquestioning adherence to a political decision already made o Potentiality of embarrassment from multifarious pronouncements by various departments on one question  Has 2 aspects: o Those questions which, under the Constitution are to be decided by the people in their sovereign capacity o In regard to which full discretionary authority has been delegated to the legislature or executive branches of gov’t. (Tanada vs. Cuenco)

Justiciable Question 

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Implies a given right, legally demandable & enforceable, an act or omission violative of such right, and a remedy granted & sanctioned by law, for said breach of right. (Justice Makasiar, Casibang v. Aquino) It calls upon the duty of the courts to settle actual controversies wherein there are rights (property or personal rights) involved w/c are legally demandable & enforceable It is one which is proper to be examined or decided in courts of justice because its determination would not involve an encroachment upon the legislative or executive power

Doctrine of Judicial Supremacy 

Although holding neither purse nor sword and so regarded as the weakest of the three departments of the government, the Judiciary is nonetheless vested with the power to annul the acts of either the Legislative or the Executive department or both when not conformable to the fundamental law (Assoc. Of Small Landowners of the Philippines vs. Sec. of Agrarian Reform, 175 SCRA 343). When the judiciary allocates constitutional boundaries, it neither asserts superiority, non-nullifies an act of the legislative, it only asserts the solemn and sacred obligation assigned to it by the Constitution to determine conflicting claims of authority under the Constitution and to establish for the parties in an actual controversy the rights which that instrument secures and guarantees to them (Laurel, Angara v. Electoral Commission, 63 Phil. 139).

Doctrine of Constitutional Supremacy 

If a law or contract violates any norm of the constitution, that law or contract whether promulgated by the legislative, or by the executive branch or entered into by private persons for private purpose is null and void and without any force or effect

Effects of a Declaration of Unconstitutionality 

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Orthodox view – unconstitutional act is not a law; confers no rights; imposes no duties; inoperative as if it had not been passed. All persons are bound by the declaration of unconstitutionality, no one may invoke it nor may the courts be permitted to apply it in subsequent cases; a total nullity. Modern view – court doesn’t annul/repeal the statute; simply refuses to recognize it & determines the rights of the parties just as if such statute had not existence. The opinion of the court may operate as a precedent but it does not repeal, supersede, revoke or annul the statute. The parties to the suit are concluded by the judgment, but no one else is bound.

THE STATE State – a community of persons, more/less numerous, permanently occupying a fixed territory & possessed of an independent gov’t organized for political ends to w/c the great body of inhabitants render habitual obedience Elements of the State:  People – inhabitants  Territory – fixed portion of land inhabited by the people  Government – agency/instrumentality thru w/c the State’s will is formulated, expressed & realized  Sovereignty – supreme & uncontrollable power inherent in a State by w/c the State is governed.

COMPONENTS OF THE PHIL STATE 1. Territory 

PH territory consists of: the PH archipelago, & all territories over which the PH has sovereignty or jurisdiction  Archipelagic Doctrine – bodies of water w/in the baseline, regardless of breadth, form part of the archipelago & are considered as internal waters 2. People – 3 meanings 1. Inhabitants as used in: i. “The State shall protect and promote the right to health of the people and instill health consciousness among them. ii. “The State shall protect and advance the right of the people to a balanced and healthful ecology

in accord with the rhythm and harmony of nature.” (Sec 16, Art II) iii. “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable x x x” (Sec 2, Art III) iv. “The Congress shall give highest priority to the enactment of measures that protect and enhance the right of all the people to human dignity, reduce social, economic, and political inequalities, and remove cultural inequities by equitably diffusing wealth and political power for the common good.” (Sec 1, Art XIII) 2. Electors, as used in: i. The President and the Vice-President shall be elected by direct vote of the people” (Sec 4, Art VII) ii. “The Congress may, by law, adopt a new name for the country, a national anthem, or a national seal, which shall all be truly reflective and symbolic of the ideals, history, and traditions of the people. Such law shall take effect only upon its ratification by the people in a national referendum.” (Sec 2, Art XVI) iii. “After the expiration in 1991 of the Agreement between the RP and USA concerning Military Bases, foreign military bases, troops, or facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the Congress so requires, ratified by a majority of the votes cast by the people in a national referendum held for that purpose, and recognized as a treaty by the other contracting State.”(Sec 25, Art XVIII) 3. Citizens as used in: i. Preamble, 1987 consti ii. “The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.” (Sec 1, Art II) iii. “The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal military, or civil service.” (Sec 4, Art II) iv. “The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.” (Sec 7, Art III)

Grounds for Loss of Citizenship: Who are citizens (Sec. 1, Art. IV):  citizens of the Philippines at the time of the adoption of this Constitution;  those whose fathers or mothers are citizens of the Philippines;  those naturalized in accordance with law.  those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority o The right of election permitted under ARTICLE IV, Section 1 (3), 1987 Constitution, is available only to those born to Filipino mothers under the 1935 Constitution, who, had that charter not been changed, would have been able to elect Philippine citizenship upon attaining majority age.

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Naturalization in a foreign country [Sec.1 (1), CA 63] Express renunciation or expatriation [Sec.1 (2), CA 63] Taking an oath of allegiance to another country upon reaching the age of majority Accepting a commission and serving in the armed forces of another country, unless there is an offensive/ defensive pact with the country, or it maintains armed forces in RP with RP’s consent Denaturalization Being found by final judgment to be a deserter of the AFP Marriage by a Filipino woman to an alien, if by the laws of her husband’s country, he becomes a citizen thereof

How may citizenship be reacquired? Who are natural-born citizens (Sec. 2, Art. IV):  citizens of the Philippines from birth without having to perform any act to acquire or perfect their Philippine citizenship; and

 those who elect Philippine citizenship in accordance with ARTICLE IV, Section 1 (3)

The following are natural-born citizens:  citizens of the Philippines at the time of the adoption of the 1987 Constitution  those born of Filipino mothers/ fathers (after 17 January 1973)  those born before 17 January 1973, of Filipino mothers, who elect Philippine citizenship upon reaching the age of majority  those naturalized in accordance with law

Who must be natural born citizens:      

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President: Section 2, Art VII Vice-President: Section 3, Art VII Members of Congress: Sections 3 and 6, Art VI Justices of SC and lower collegiate courts: Section 7 (1), Art VIII Ombudsman and his deputies: Section 8, Art XI Members of Constitutional Commissions o CSC: Section 1 (1), Art IX B o COMELEC: Section 1 (1) Art IX C o COA: Section 1 (1), Art IX D Members of the Central Monetary Authority, Section 20, Art XII Members of the Commission on Human Rights: Section 17 (2), Art XIII Note: As per ARTICLE XII, Section 8, 1987 Constitution, a natural-born citizen of the Philippines who has lost his Philippine citizenship may still be a transferee of private lands, subject to limitations provided by law.

1. Naturalization (CA No. 63 and CA No. 473)  now an abbreviated process, with no need to wait for 3 years (1 year for declaration of intent, and 2 years for the judgment to become executory)  requirements: o be 21 years of age o be a resident for continuous period of not less than 10yrs. o have good moral character o own real estate worth not less than 5k or must have some known profession o able to speak & write English/Spanish/any one of principal Philippine languages o enrolled minor children in any school where history, gov’t & civics are taught during the entire period of the residence in the Philippines o have no disqualification  special requirements (reduced to 5yrs. Residency if): o honorably held office under gov’t o established a new industry/introduced a useful invention o married to Filipino woman o engaged as a teacher in a school not established for the exclusive instruction of children of persons of a particular nationality/race o having been born in the Philippines  disqualifications o persons opposed to organized gov’t/affiliated w/ any association or group who uphold & teach doctrines opposing all organized gov’ts. o Persons defending/teaching the necessity/propriety of violence, personal assault or assassination for the success & predominance of their ideas o Polygamists/believers in the practice of polygamy

Persons convicted of crime involving moral turpitude o Persons suffering from mental alienation or incurable contagious diseases o Persons who, during residency period, haven’t mingled socially w/ the Filipinos o Citizens/subjects of nations w/ whon the US & PH are at war during period of such war o Citizens/subjects of foreign country other than US whose laws don’t grant Filipinos the right to become naturalized citizens/subjects 2. Repatriation  woman who by her marriage lost her citizenship  those declared by authorities to be deserters of the Armed Forces 3. Legislative Act  both a mode of acquiring and reacquiring citizenship o

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Dual allegiance (Sec. 5, Art. IV) o Aliens who are naturalized as Filipinos but remain loyal to their country of origin o Public officers who, while serving the government, seek citizenship in another country  Disqualified from running for any elective local position (Sec. 40d, LGC) Basis for Nationality Citizenship comparison Meaning The individual The political membership status which that shows a states that the person’s person is relationship with recognized as a the state citizen of the country Concept Ethnic or racial Legal or juristic Represents The Individual is place/country registered as a where the citizen by the individual has government of taken birth the country Ways Birth & Birth, inheritance inheritance, marriage, naturalization, etc. Can it be No. Yes. changed? Can it be It is innate. It can be reversed? reversed. Is it possible to No, a person Yes, a person have nationality can be national can become a or citizenship of of only one citizen of more multiple country. than one countries country.

3. Government

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Definition – agency or instrumentality through which the will of the State is formulated, expressed and realized. o Sec. 2 (1) – Administrative Code: the corporate governmental authority thru w/c the functions of the gov’t are exercised throughout the Philippines, including, save as the contrary appears from the context, the various arms thru w/c the political authority is made effective in the Philippines, whether pertaining to the autonomous regions, the provincial, city, municipal, or barangay subdivisions or other forms of local gov’t. Functions of the Government: 1. Constituent functions – constitute the very bonds of society; compulsory i. Keeping of order and providing protection ii. Fixing of legal relations between man & wife & children iii. Regulation of the holding, transmission and interchange of property iv. Define crime & punishment v. Regulates & determines contract between individuals vi. Dealings of state with foreign powers 2. Ministrant functions – undertaken to advance the general interests of society; optional i. Public works ii. Public education iii. Public charity iv. Health & safety regulations  HOWEVER the distinction between constituent & ministrant functions is not relevant in our jurisdiction (ACCFA V. Federation of Labor Unions)

Doctrine of parens patriae  

Parens patriae is the task of the gov’t to act as guardian of the rights of the people This prerogative is inherent in the supreme power of every state, whether that power is lodged in a royal person or in the legislature

Doctrine of jus postliminium 

Provides for the invalidity of all illegitimate acts that an occupant may have performed on a given territory after its recapture by the legitimate sovereign

De jure & de facto governments 

De jure gov’t o Has rightful title o No power or control, either because this has been withdrawn from it or because it has not yet actually entered into the exercise thereof.  De facto gov’t o Gov’t of fact, it actually exercises power or control o Without a legal title

4. Sovereignty

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Supreme & uncontrollable power inherent in a State by w/c the State is governed Permanent, exclusive, comprehensive, absolute, indivisible, inalienable, imprescriptible It is not deemed suspended although acts of sovereignty cannot be exercised by the legitimate authority What the belligerent occupant took over was only the exercise of acts of sovereignty o There being no change of sovereignty during a belligerent occupation, the political laws of the occupied territory are merely suspended, subject to revival under the jus postliminium upon the end of the occupation.

Dominium vs. Imperium 

Dominium o Capacity of the state to own property o Covers such rights as title to land, exploitation and use of it, & disposition or sale of the same.  Imperium o State’s authority to govern o Covers such activities as passing laws governing a territory, maintaining peace & order over it, & defending it against foreign invasion o When the state acts in this capacity, it generally enjoys sovereign immunity

DOCTRINE OF STATE IMMUNITY Basis – To Justice Holmes, the doctrine of non-suablilty is based not on “any formal conception or obsolete theory but on the logical & practical ground that there can be no legal right against the authority w/c makes the law on w/c the right depends” (Kawananakoa v. Polyblank); the demands & inconveniences of litigation will divert the time & resources of the State from the more pressing matters demanding its attention, to the prejudice of the public welfare.  The State may not be sued without its consent (Sec. 3, Art. XVI)  Also called doctrine of Royal Prerogative of Dishonesty  Also available to foreign States insofar as they are sought to be sued in the courts of the local State.  When a state or international agency wishes to plead sovereign or diplomatic immunity in a foreign court, it requests the Foreign Office of the State where it is sued to convey to the court that said defendant is entitled to immunity (Holy See vs. RTC) o In Philippines, the practice is for the foreign government or international organization to first secure an executive endorsement of its claim of sovereign or diplomatic immunity. But how the DFA conveys its endorsement to the courts varies. (Holy See Vs. RTC)  Letter, telegram, memorandum, even FB message

This doesn’t mean though that the foreign state would at all times be immune from all suits. Accordingly, it has been ruled that such foreign states may be sued in the host state if engaged regularly therein in a business or trade or, even if not so engaged, on the basis of its contracts in the host state which may be considered as purely commercial, private & propriety acts, but not w/ respect to its contracts entered into by it as governmental or sovereign acts.

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Jure Imperii vs. Jure Gestionis 

Jure imperii – sovereign or public acts o Lease of apartment buildings for use of its military officers o Conduct of a public bidding for the repair of a wharf o Change of employment status of base employees  Jure gestionis – private or commercial in character o Hiring of a cook in the recreation center at the John Hay Air Station to cater to American servicemen & the general public o Bidding for the operation of barber shops in Clark Air Base

Principle of par in parem non habet imperium   

One sovereign power cannot exercise jurisdiction over another sovereign power. It is the basis of the act of state doctrine & sovereign immunity. if the judgment against an official would require the state itself to perform an affirmative act to satisfy the award, such as the appropriation of the amount needed to pay the damages decreed against him, the suit must be regarded as being against the state itself, although it has not been formally impleaded

A suit is against the state regardless of who is named the defendant if:  it produces adverse consequences to the public treasury in terms of disbursement of public funds and loss of government property  cannot prosper unless the State has given its consent. In the ff. cases, it was held that the suit isn’t against the State:  with the duty of making payments pursuant to an appropriation made by law in favor of the plaintiff to make such payment, since the suit is intended to compel performance of a ministerial duty. (Begoso v. PVA)  when from the allegations in the complaint, it is clear that the respondent is a public officer sued in a private capacity;  when the action is not in personam with the government as the named defendant, but an action in rem that does not name the government in particular.

Nevertheless, they are subject to suit even in the performance of such functions because their charter provides that they can sue and be sued.  Unincorporated o So called because it has no separate juridical personality but it merged in the general machinery of the government o DOJ, Bureau of Mines, Government Printing Office 

Waiver of Immunity  

State does not often avail itself of this rule to take undue advantage of parties that may have legitimate claims against it. The principle has a built-in qualification: the State may, if it so desires, divest itself of its sovereign immunity & thereby voluntarily open itself to suit. In fine, the state may be sued if it gives its consent.

How the State gives its consent: 1. express consent  it is effected only by the will of the legislature through the medium of a duly enacted statute.  May be embodied either in a: o General law  Authorizes any person who meets the conditions stated in the law to sue the gov’t in accordance w/ the procedure in the law.  CA 327 – act fixing the time w/in w/c the Auditor General should render his decision & prescribing the manner of appeal. o Special law  May come in the form of a private bill authorizing a named individual to bring a suit on a special claim 2. Implied consent  When the state enters into a business contract or itself commences litigation o State may only be liable for propriety acts (jure gestioni) and not for sovereign acts (jure imperii) o When state files complaint, suability will result only where the gov’t is claiming affirmative relief from defendant  When it would be inequitable for the State to invoke its immunity  In instances when the State takes private property for public use or purpose

Suits against government agencies 

Where suit is filed against one of the government entities, it must be ascertained whether or not the State has given its consent to be sued. o This ascertainment will depend in the first instance on whether the government agency impleaded is incorporated or unincorporated

Incorporated vs. Unincorporated 

Incorporated o Has a charter of its own that invests it with a separate juridical personality o SSS, UP, City of Manila o Test of suability is found in its charter o Municipal corporations are agencies of the State when they are engaged in governmental functions & therefore should enjoy the sovereign immunity from suit.

Exemption from Legal Requirements 

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When the State litigates, either directly or through its authorized officers, it is not required to put up a bond for damages, or an appeal bond since it ca be assumed that it is solvent This exemption does not apply to gov’t-owned or controlled corporations because they have legal personalities distinct from their shareholders. Neither can the State generally be asked to pay the legal fees prescribed in the Rules of Court or the costs of the suit.

Suability vs. Liability     

The mere fact that the State is suable does not mean that it is liable Waiver of immunity does not mean concession of its liability When the State allows itself to be sues, all it does is to give the other party an opportunity to prove if it can, that the State is liable. Suability – result of the consent of the State to be sued. Liability – determined after hearing on the basis of the relevant laws and the established facts

When does liability attach? 

The Government is only liable for the acts of its agents, officers and employees, when they act as special agents within the meaning of (Art. 2180 (6) of CC) o Special agent  One who receives a definite & fixed order or commission, foreign to the exercise of the duties of his office if he is a special official  This concept does not apply to any executive agent who is an employee of the active administration &who on his own responsibility performs the functions which are inherent in and naturally pertain to his office and which are regulated by law and the regulations (Merritt vs. Gov’t of Philippine Islands) o Shauf vs. CA  Unauthorized acts of gov’t officials or officers are not acts of the State, & an action against the official or officers by one whose rights have been invaded or violated by such acts, for the

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protection of his rights, is not a suit against the State. The doctrine of immunity from suit will not apply & may not be invoked where the public official is being sued in his private & personal capacity as an ordinary citizen, for acts w/o authority or in excess of the powers vested in him.

PRINCIPLES & STATE POLICIES Republicanism 

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The 1987 Constitution accords to the citizens a greater participation in the affairs of the government. It provides for people’s initiative, the right to information on matters of public concern, as well as the right to file cases questioning the factual bases for the suspension of the privilege of writ of habeas corpus or declaration of martial law. A republic is a representative government, a government run by and for the people. It is not a pure democracy where the people govern themselves directly. The essence of republicanism is representation and renovation. A republican gov’t is a responsible gov’t whose officials hold & discharge their position as a public trust.

Separation of powers 

Under the 1987 Constitution, the traditional concept has been restored but with several significant modifications  3 major departments & constitutional commissions have been maintained Purpose:  Intended to prevent a concentration of authority in one person or group of persons that might lead to an irreversible error or abuse in its exercise to the detriment of our republican institutions.  According to Justice Laurel – the doctrine is intended to secure actions, to forestall over-action, to prevent despotism and to obtain efficiency.  Ordains that each of the 3 great branches has exclusive cognizance of & is supreme in matters fallings w/in its own constitutionally allocated sphere.

Checks and Balances  

One dept. is allowed to resist encroachments upon its prerogatives or to rectify mistakes or excesses committed by the other departments. The ends of the gov’t are better achieved thru the exercise by its agencies of only the powers assigned to them, subject to reversal in proper cases by those constitutionally authorized.

Blending of Powers 

There are instances when powers are in fact assigned to or shared by several departments.

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As a result of this, there is some difficulty in classifying some of the as definitely legislative, executive or judicial.  Justice Holmes – the great ordinances of the Constitution do not establish and divide fields of black and white. Even the more specific of them are found to terminate in a penumbra shading gradually from one extreme to another.  Examples: o Enactment of general appropriations law (Pres. Prepares budget, basis of bill adopted by Congree and submitted to Pres. for approval.) o Grant of amnesty by the Pres. (w/c requires the concurrence of a majority of all members of Congress.