Practice question
On the President’s initiative, Congress extends martial law through the prescribed process while rebellion persists and public safety requires it. Government lawyers then argue that congressional concurrence makes any citizen’s factual-basis challenge to the extension constitutionally impossible. Assume an appropriate proceeding is filed. Which is correct?
- Extension eliminates the Supreme Court’s constitutional review authority
- Only the original proclamation may ever be reviewed
- Congress can remove the review clause by ordinary resolution
- A citizen must first become a Senator to invoke the specified proceeding
- Section 18 expressly permits review of the sufficiency of the factual basis of an extension as well as the proclamation
Legal references
- 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353; Article VII, Section 18.
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