Practice question
A statute delegates limited emergency powers to the President. Before its otherwise applicable expiry, Congress withdraws those powers by a valid resolution under Article VI, Section 23(2). The President argues that only another statute can end the delegation. Which answer is best?
- The President is correct because a resolution can never have the effect specified by the Constitution.
- The President is correct because an emergency delegation is irrevocable.
- The President is correct whenever any emergency condition remains.
- Congress can withdraw the delegation only through a judicial case.
- The argument fails because Section 23(2) expressly permits earlier withdrawal by congressional resolution.
Legal references
- 1987 Constitution, Article VI, Section 23 and Article VII, Section 18: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353; Article VI, Section 23(2).
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