Thursday, January 10, 2008

Reason and Concern

By Ronquillo C. Tolentino
Federalism Concept A Re-visit

Political predictions are not my forte. Nor am I a poltical soothsayer. But even as 2007 just bidded adieu, there was that presidential adviser on peace process for a need for charter change for a federal state for Muslim Mindanao.
I recall that on October l6, President Gloria Macapal Arroyo, speaking before the regional workshop on the establishment of national institutions in Asia, punctuated her preference form of government. Senator Aquilino Pimentel thereafter proposed for the creation of Bangsa Moro federal state as a way out of the violence rocking Muslim Mindanao.
Federalism is not a new form of government if we have to look and consider at the federal governments of Australia, Belgium, Canada. Germany, Malaysia, Mexico, Russia, Switzerland and the United States. “ The structure of federal governments vary from institution to institution based on a broad definition of federation. Students of federal government will not that within a basic federal system, there are two or more levels of government that exist within an established territory and govern through common institutions with overlapping or shared powers as prescribed by a constitution.
“ The United States is considered the first modern federation. After gaining independence from Britain, the U.S. adopted its first constitution, Articles of Confederation in l78l. This was the first step towards federalism by establishing the federal congress. Yet, congress was limited as to its ability to pursue economic, military, and judiciary reform. In 1787, federal congress participated in what is known as the Philadelphia Convention and by 1789, the U.S. was officially a federation.
“Other nation-states followed suit in establishing federal governments: Switzerland (1848); Canada (1867); Germany (1871 and again 1949); Australia (1901); Austria (1920 and again 1945).”
In the March 26-28, 1990 issue of Panay News, I had occasion to write, thus: In federalism, there can be sharp controversy between the advocates of states’ rights and the supporters of national power. Advocates of federalism in the Philippines consider fiscal and administrative autonomy of the regions and local government units. There is no debate on this issue. But there are other serious matters that votaries of federalism should address themselves such as a consideration of inter government relations of a federal government in a Philippine setting.
Some advocates of Philippine federalism may have in mind actual separation of state activities from the national government. Norton Grodzins, director of the Federalism Workshop at the University of Chicago, in examining the federal system for the President’s Commission on National Goals came out with the study that American federalism has never been a system of separated governmental activities. Grodzins said that at all times in American history, the national government and states have shared activities, powers and responsibilities. He maintains that this is a first principle and a continuing practice in American Federalism. /MP

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