2014 (Political Law) Bar Exam Questions: Question 1

[Answer/discuss the question below. Or see 2014 bar exam Political Law Instructions; 2014 Political Law Questions: 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30; See also 2014 Bar Exam: Information, Discussions, Tips, Questions and Results]

I.

With the passage of time, the members of the House of Representatives increased with the creation of new legislative districts and the corresponding adjustments in the number of party-list representatives. At a time when the House membership was already 290, a great number of the members decided that it was time to propose amendments to the Constitution. The Senators, however, were cool to the idea. But the members of the House insisted. They accordingly convened Congress into a constituent assembly in spite of the opposition of the majority of the members of the Senate. When the votes were counted, 275 members of the House of Representatives approved the proposed amendments. Only 10 Senators supported such proposals. The proponents now claim that the proposals were validly made, since more than the required three-fourths vote of Congress has been obtained. The 14 Senators who voted against the proposals claim that the proposals needed not three-fourths vote of the entire Congress but each house. Since the required number of votes in the Senate was not obtained, then there could be no valid proposals, so argued the Senators. Were the proposals validly adopted by Congress? (5%)

13 comments

  1. There is no settled opinion regarding this question. Law professors are still in debate whether it should be the entire Congress or separately. (as to the 3/4 votes of all the members of Congress in a constituent assembly) The examinee will be given full points depending on his / her argument.

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  3. The point is there is no standard answer the examinees will be given full points depending on how they argue their answers.
    It does not mean that if others claim that it should be the entire congress their answers are wrong, illogical and without common sense.
    People can defend their answers either way and still be right.

    Good Luck Bartakers konti nalang. Isipin niyo masarap mag oath taking.

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  5. voting separately means each house of congress. statutor construction, when the law is clear and unambiguous, there is no need 4 interpretation and construction but only application…

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  6. No need for Constitutional amendment because under the CONSTITUTION members of HR shall be COMPOSED OF NOT MORE THAN 250 except as otherwise provided by LAW. That is why the Congress did not adopt a valid measure. sec 5. ART 6 LEGISLATIVE DEPARTMENT OF THE 1987 CONSTITUTION.

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  7. The proposals were not validly adopted.
    An amendment proposed by Congress must be approved by at least ¾ votes of the members of the Senate and of the House of Representatives voting separately. It is inherent in a bicameral legislature for two houses to vote separately. In this case, since the required number of votes in the Senate was not obtained, the proposals could not validly made.

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  8. you can apply the same step of 6c2a0 steps for GRE test preparation.You can find a detealid 20 Step GRE Study Plan. Filed Under: GMAT Tagged With: GMAT Test Prep Comments Policy: Use a valid email address.

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  9. kasif iqbalJanuary 22, 2013the Transaction which i pass on 31st sep,2012Rent A/c Dr(4 months)To petty cash a/cthan on 31 sep,2012prepaid rent a/c drTo petty cash a/cTo PDC a/cand when PDC will hit the bank..PDC a/c DrTo bank A/c please check and let me know whether its correct or not.

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  10. Interesting news. I never read the book, only watched the film. Maybe it's time to read the book. I had the same experience you describe when I read The Exorcist. I kept all the lights on for three weeks!Mayra CalvaniThe Dark Phantom Review

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