Why the Constitution has to be defended

Tony La Viña

For three years now, the Constitution has been under relentless attack, and ironically it is the President, whose oath of office commits him to execute and defend it, who is leading the assault.

Among others, the Bill of Rights has been disregarded in the conduct of the war against drugs, in the fight against insurgency, in retaliating against human rights defenders, and in suppressing political dissent by going after opposition figures like Senators Leila De Lima and Antonio Trillanes. The doctrine of separation of powers has been set aside, notably in the ouster of Chief Justice Maria Lourdes Sereno and in criticism by the President of independent accountability mechanisms like the Commission on Audit and the Commission on Human Rights.

And now, the sacred constitutional cow of our national territory is tossed aside in defense of a failed policy of appeasement with China.

We live in perilous times. Unfolding before us, the constitutional order is being destroyed. In the name of our children who must be saved from shabu, promising to eradicate all corruption and to end an insurgency without addressing its roots, and out of misplaced friendship to and an unfounded fear of war against China, the Constitution is being buried by a lawyer-president aided by fellow lawyers trained in sophistry and not with Socratic wisdom.

Why should we care?  Read on…

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  1. JEMY GATDULA: “Enough with the penumbras! Let the enduring Constitution prevail”
    https://www.bworldonline.com/enough-with-the-penumbras-let-the-enduring-constitution-prevail/

    Why the insistence on reading the Constitution as written? Because the Constitution contains our best defense against tyranny.

    And again, contrary to what many learn in law school, the people’s best protection against tyranny is not the Bill of Rights but rather our constitutional structure of separate and equal branches: “A bill of rights has value only if the other part of the constitution — the part that really ‘constitutes’ the organs of government — establishes a structure that is likely to preserve, against the ineradicable human lust for power, the liberties that the bill of rights expresses. If the people value those liberties, the proper constitutional structure will likely result in their preservation even in the absence of a bill of rights; and where that structure does not exist, the mere recitation of the liberties will certainly not preserve them.” (Scalia).

    A “living constitution” upends this crucial structure, allowing activist judges to impose their will beyond the Constitution and effectively establishing a “judicial oligarchy.”

    For democracy’s sake, this is something the Filipino people should clearly not stand for.

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