THE classical theory of a constitution is that it must be broad — not approximating the exactitude of law codes and statutes. It is difficult to determine now whether this is a normative precept or merely a generalization about constitutions.
THE classical theory of a constitution is that it must be broad — not approximating the exactitude of law codes and statutes. It is difficult to determine now whether this is a normative precept or merely a generalization about constitutions.
One will not be hard put to see why a constitution must eschew specifics: to give government and its branches sufficient maneuvering space to navigate through the often unpredictable particulars and the concrete circumstances of political life. But there is at least one major assumption that this position makes: That those who hold in their hands the rudder of State, whether through legislation or administration, are possessed of an admirable degree of statesmanship, who will fastidiously avoid all self-serving schemes and less-than-noble craft. So, do articles of impeachment, once endorsed by the Lower House to the Senate, survive the passage of one Congress into the next? Is the rule on jurisdiction familiar in courts of law applicable to the Senate sitting as an impeachment court? Is a remand permissible? I have answers to these questions, and I have not been stinting in making them known — but so do many others, both serious students of the Constitution or wags! Obviously, the Senate thought it an acceptable compromise between the handful who wanted the trial to proceed forthwith and the alarmingly preponderant who seemed inclined to dismiss the complaint outright! But is it what the Constitution ordains? My friend and colleague, Dean Jemy Gatdula, is one who openly and intelligently argues for an 'originalist' reading of the Constitution. But he is clever enough to distinguish between a helpful form of originalism and the 'mentalism' that sends those who would divine the intendment of the Constitution to the labyrinthine ways of the minds, the flow of ideas or even the vagaries of the concepts of those who framed the fundamental law. He is right, of course. What the Constitution means is to be found in the text of the Constitution, according to its meaning at the time it was enacted and ratified by the people. But not everyone thinks this way, and there are not a few who think that the Constitution should read what is 'convenient,' 'practicable,' and 'practical' in our time! More important than being broad is the requirement arising out of the Philippine context and the national experience that our Constitution be clear and unmistakable. To be sure, there will be tough nuts to crack, and that is why there is a judiciary, particularly a Supreme Court, that lays down a binding interpretation of the Constitution, for good or ill! But we certainly could do with more clarity and less ambiguity. So much uncertainty brings — and has brought — our country to the very brink of a catastrophic standoff between the branches of government, or even — as now — between chambers of the same legislature. To say that no draftsmanship is ever perfect is to belabor the obvious. To write off any amendment of the Constitution toward greater clarity is to foreclose, quite irrationally, the possibility of improvement! One of our national maladies is shrinking before the bogeyman of extending terms beyond their established limits whenever talk arises of amending the Constitution. In the first place, why should we shrink before reviewing our position on term limits? After all, the 1987 Constitution courageously addressed itself to the issue. But to raise the specter of political opportunism as an objection to all constitutional reform is to deny unreasonably that we can make decisions about what we ought to amend and what must remain in the Charter. For quite some time now, many have chafed at what they perceive to be the restrictive economic provisions. At least let us address ourselves to the issue, engage in the country in an informed exchange and then task capable men and women to craft the amendments that will be returned to the sovereign people for ratification — or rejection. Another matter that cries out for attention is the dead letter against dynasties, infelicitously set forth among the policies and principles of State, and left to be given life by the very people — at least, the greater number of them — who would prefer that it remain lifeless! If it is feared that the Lower House will make use of its numerical superiority to ram its amendments through, the clear remedy is to have a convention of trustworthy and capable persons. Whether the delegates are elected or appointed is a matter of detail that can be worked out after exhaustive consultation and study, but fears of machination by the Lower House are really not without remedy. There are some people who can be trusted and counted on to draft the amendments that must be introduced, and let us, in the very least, be open to the possibility of such amendments. rannie_aquino@sanbeda.edu.ph rannie_aquino@csu.edu.ph rannie_aquino@outlook.com
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