Practice question
A statute merely says that the President may impose any new national tax on any person, at any rate and for any purpose the President considers desirable. It states no governing policy, limits or factual conditions. The government defends it as ordinary administrative implementation, not a tariff delegation or emergency law. Which objection is strongest?
- Congress has supplied no meaningful legislative policy or boundaries and has left the basic taxing choices to the President.
- No statute may ever leave arithmetic to executive officers.
- Tax legislation must be written by the Supreme Court.
- Every delegation requires a plebiscite.
- The President may cure the defect by publishing a personal policy statement.
Legal references
- ABAKADA Guro Party List v. Ermita, G.R. No. 168056 et al., September 1, 2005, main decision, factual contingencies and limits on delegation: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/48624
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