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Tasks

A1_Make it a habit to read the paper (2002.12.13)
A2XCome up with concrete plan of action. (2002.12.13)
A3XShort paper on American foreign policy (2003.02.04)
A4XPick up acetates (2003.02.03)
A5XDo Pos100 homework due Friday (2003.01.17)
A6XArticle 2 of Philippine Constitution (2003.01.06)
A7XLook at the readings on http://ilearn.ateneo.edu (2002.12.13)
A8XFind out where the Pos100 handouts are. (2002.12.11)
A9XWrite paper for Angara talk (2002.12.02)

Notes

2003.02.14:

77! =)
  1. public officials
  2. communication
  3. act of congress
  4. court
  5. constituent assembly
  6. liberalization
  7. enumerated
  8. residual
  9. vatican
  10. 1973
  11. journal
  12. rider
  13. resolution
  14. dual

    Equal protection of the laws "reasonable classification"

    Example: ROTC Traditionally, women are not combatants

discrimination?

Religious freedom
  1. Right to worship God (includes right not to worship)
  2. Freedom to choose a set of religious beliefs as may appeal to one's conscience
  3. Freedom to believe and to act on his beliefs
  4. Recognizes the separation of church and state

... we have the only constitution in the world with the word "love".

Freedom of expression/the press

how government limits individual rights taxation police power

power of expropriation (fair market value) ex. Moving Sta. Clara Sisters beside PSBA to the other side of the road during MRT trainrail construction

Due process of law/ equal protection at the laws : ( corresponding sections ): 1,7,9,10,11,12,13,14,15,16,17,19,20,21,22

  1. Search and seizure / right to privacy
  2. Freedom of expression / religious freedom: 4.5,6,8,18

SEC 1 Art. 3 light liberty or property within limitation of due process of law

due process of law

  1. procedural ( step by step from the time ? )
  2. substamtive (intrinsic validity of law)

administrative process : artrest

custodial investigation safe-keeping in flagrante delicto - caught in the act

fugitives can be arrested without warrant

Custodial inveswtigation makes sure that your Miranda rights have been applied.

Search and seizure check immediate area of suspect 1 arms length top, side, front, back

Miranda rights right to remain silent, counsel, etc, no 3rd degree (torture), badgering, pressurring, intimidating

Custodian VS Temporary detention : temporary detention is for stop and checkpoint ( freedom of movement not limited ex. Mall entrance check

Review

A state is a ___________________________________ Sovereignty is ____________________________________ ___________ is the right to resist/reject any aggression, invasion, or intervention within territorial boundaries

Name 5 functions needed for the state to persist

Name 5 elements of the state

2003.02.07:

Philippine state Three branches of government

Really important that invoked by person whose legal rights have been infringed. Also, all extra-judicial methods of resolution should have been invoked.
TypeMTCRTC
Civil<= 100,000 outside Metro Manila> 100,000 outside MM
<= 200,000 in Metro Manila> 200,000 outside MM
Criminal6 years or lessMore than six years

Sharia - inheritance claims, usually. Can't conflict with our constitution.

en banc

45% of courts don't have judges Quality are more corporate-oriented.

Linguistic fragmentation.

  1. socio-economic.

    2003.02.05: Class quiz

    Short paper

    The question that we have to write about is this: how will US foreign policy affect the Philippine state? Consider relative strength and resources among other factors. Double-spaced, font size 12, maximum 3 pgs. due Feb. 5 (Wed) during class time. God bless!=)

    2003.01.31:

    Long test moved to Monday, Feb 10. Paper due on Wednesday Kostka has guidelines for paper.

Suggest that we read the chapter on assemblies.

Legislative department Composition Historically 2 senators per region 200 district representatives, 50 party list (1/4) provinces, cities, Metro Manila.. according to population. census determines it.

all tax bills originate there.

1st reading - title, #, author of bill transfer to appropriate committee in committee, most powerful step in lawmaking, a bill can be

2nd reading - debate 3rd reading - vote

then passed to other house

bicameral committee reconciles house and senate bills.

and then to the President. www.gov.congress.ph

2003.01.29:

How did they treat poor states before?

Kitchen cabinet.

shadow figures.

prime minister: primus inter pares - first among equals.

2003.01.27:

Case study room, soc sci Foreign policy talk

Foreign policy talk

Fullbright-Sycip lecture on foreign policy War with Iraq imminent?

What also happens to other foreign policy objectives like democratization and human rights? To help us think through these questions, we're very fortunate to have with us an expert on US foreign policy and decision-making process. Chair and professor of political science department at Iowa State University.

James McCorman.

George Bush on Sept. 11. Pearl Harbor of this time. It is one of those events that occurs very infrequently. A spectacular event that affects a generation, and maybe even affects several generations. About three decades ago, political scientists analyzing how external events affect society observed that only very rare, spectacular events have a levelling effect. They change the mindset of that nation. In the American experience, Pearl Harbor was described as a day of infamy. In George Bush's comparison to that, Sept. 11 was one of those events that really changed the American mindset.

Foreign policymaking during the cold war years
executive dominance

This phase lasted until the early 1990s.

Post-Cold War Era: Accelerated pluralism
Anti-communism had been the north star for American foreign policy

problem with access to weapons of mass destruction

even by the use of preemption by the US

more about power than economic relationship

Some criticisms

coercive diplomacy.

Readings for long test on Feb 7

De Leon Art II, I, IV, VII, VI, VIII Mendoza - basic concepts, structures, functions of government Manuel - Philippine governement, the separation of powers Heywood - Political Executives

Powers of the president
Appointing powers
Commission on Appointments - check and balance in Congress
Removal powers
Control power
supervision over lgus, control over executive department
Military power

basic goals of the state

security welfare autonomy status and prestige

guns vs. butter

2003.01.24:

political will - electorate and government resources

it's not cheap to switch from one type of government to another

2003.01.22:

If you look at the change in Edsa II, it's basically just the change from one president to another.

Charter change has more repercussions/bearing.

ways in which the constitution can be changed

constituent assembly
resolution. If both houses voting jointly
constitutional convention

provisions

economic provisions
land ownership
nationalistic no land reform yet. business need obstacles - legal, implementable.
political provisions
presidential to parliamentary
bicameral to unicameral
federalism?

2003.01.20: Film

Day 1. Jan 16, 2001 people went to EDSA pro-erap supporters at mendiola

Day 2: Indignation march

supporter legitimization army legitimization - apex

JA88.P6 A83: Politics and governance: theory and practice in the

Philippine context

Mendoza (1999) Basic Concepts, Structures and Functions of

Government pp 59-76 in Politics and Governance: Theory and Practice in the Philippine Context.

definition: government
formal institution through which people is ruled, extends to include the persons and organizations that make, enforce and apply political decisions for a society
classifying governments
Aristotle

who governs? how much government control is permitted? Aristotle's system:
Legitimate formsCorrupt forms
Who governsRule in the interest of the ruledRule in the interest of the rulers
OneMonarchyTyranny
A fewAristocracyOligarchy
ManyPolityDemocracy

Monarchy pre-eminent virtue and political capacity Tyranny exercises all power for benefit of himself and allies, ignoring public good Aristocracy Rule by the most virtuous, intelligent and enlightened Oligarchy Defend privileged positions Polity Participative as well as protects minority rights Democracy Demagogues
modern democracy
political system which supplies regular constitutional opportunities for changing the governing officials, and a social mechanism which permits the largest possible part of the population to influence major decisions by choosing among contenders for political office
requirements
political equality regardless of race, family heritage, economic status or religious affiliation popular consultation majority rule
compares democratic vs nondemocratic

Authoritarian - requires only that those ruled obey edicts and limit dissent Totaltarian - seek to comprehensively alter political thinking and sources of allegiance

basic functions of government
rule making
define legal and illegal, what actions are required by which individuals, rights and responsibilities
rule execution
rule adjudication
other functions

rights of a citizen

How have I contributed to Philippine state as a citizen? To be a citizen of a country means that you are a member of their polity and you enjoy full civil and political rights. Later on we will see the difference between allegiance and citizenship.

National interests.

Definition of terms

allegiance - citizen or national all citizens are nationals, but some nationals are not citizens. example: filipinos owed allegiance to the US, but were not citizens during colonial period. dual citizenship is allowable, dual allegiance is not.

aliens: aliens have rights in other countries - bill of rights

involuntary - by birth voluntary - naturalization, except collective or cession

No triple citizenships here.

International waters and spaces like the UN - you can choose.

1935 - filipino father, alien mother = filipino, but not other way around 1973 1987

Shively chapter 7.

democratic citizen

"social capital"

Mendoza and Manuel for Monday

2003.01.15: Chinese army

Homework

Why is the Chinese Army or the PLA called "An Army in Sneakers?"

civilian cars and some other vehicles

PLA got embarrassed by vietnam, so need for reform Had to modernize very quickly. no resources before.

inefficiency - downsized antique hardware

big numbers, but stagnant tech.

bought sophisticated improvements to existing planes

simulation. =) defense spending cut

peasant soldiers growing food army industry - commercial empire

corruption popular discontent - competition with civilians

tourism

artillery

siopao and vegetables, and eggs...

cut off from western arms might be army of sneakers

outgrown its origins china wants to take her rightful place

military power for political influence, not expansion

the great wall of iron

[email protected]

2003.01.13:

Modes of acquiring territory

Discovery and occupation
  1. Compromise and consensus
  2. thought control
  3. agenda setting
  4. presidential powers
  5. electoral practices
  6. substantive
  7. easton
  8. run-off, single-member majoritarian 18,19,20. making common decisions for a group through the use of power (?)

test 4. Essay one okay. Edsa two. Procedural.

We will have one more long test. First week of February. Holiday soon.

Our final exam is not comprehensive, and will just cover article 4 of the bill of rights.

States

Began with small living groups based on family or kinship ties which became more extensive and complex These tribes had at least a leadership structure and some pattern of organization

Treaty of Westphalia
from empire system to state

Are all states equally sovereign? Legal standing and moral force. All states should be sovereign, but in practice... How well are states able to protect their sovereignty? The US is more sovereign in the sense that it can protect its sovereignty better than, say, the Philippines can. Internal threats, like secessionists. Immediate external threats to our sovereignty - China, Spratly issue.

Structural-functional definition
  1. political socialization
  2. political recruitment
  3. political communication
  4. interest articulation
  5. interest aggregation
  6. policy making
  7. policy implementation
  8. policy adjudication
    Elements of the state
  9. population: no minimum
  10. territory: aerial, fluvial, terrestrial. hard (constitution) vs soft (emotional and psychological basis)
  11. government: types and forms of government
  12. sovereignty
  13. recognition by other states a. resources and decision making capabilities b. ability to respond to commitment and obligations c. symbols of statehood
  1. multination state
  2. multistate nation
  3. 1 nation, 2 states: north/south korea
  4. stateless nation: palestine
  5. nationless state: vatican

Constitution

2002.12.13: Parties and Accountability in the Philippines, Montinola. Film showing

For your long test, the readings and the type of test are on the website, in the calendar. The acetates will be compiled and left at the photocopier in Colayco.

"I guess one has to have the heart for it and a sincere desire to help people in order for him to be a good president..." Is heart enough? Problem: favoritism.

The essence of democracy is the right to freely choose the leaders who will govern us.

We hold elections in a democracy not just to pick leaders, but also to debate the direction of our collective life. Elections provide us the opportunity to identify key problems of society and define the most effictive ways of dealing with them. Elections are society's principal mechanism for mobilizing support for new goals and renewing social consciousness. [Alternative visions of government.] We should be choosing people not for who they are but for the direction that they represent. - Randy David.

laissez faire

transactional leadership - micromanagement, but no long-term goals. bargaining. adapting hopes and aspirations to existing condition. Like the way Gloria Macapagal-Arroyo is trying to appease the different groups in politics. No clear view of where she would like the country to go.

transformational leadership - Need the type of leader who can change things. Seeks to address the most fundamental wants and needs. Change the way things are. Chart a new path.

Look at who funds people.

Worried about FPJ, but not about the flaws of the system?

Parties and accountability

patrimonialism.

Montinola gives a couple of prescriptions.

catch-all parties - try to catch all the interests that they can, which leads to inherent conflicts of interest. They try to make everyone feel that their party's platform is their own. So no character.

no vertical responsibility - candidate to the electorate no horizontal responsibility - candidate to party so no loyalty.

no party line votes. voting of senators flawed because of intraparty competition. every man for himself.

change party to become the party of the President

COMELEC logistics on party list.

party list people treated very differently.

eleksyong pinoy

2002.12.11: Elections by Manacsa

Do not have to read the part on political parties

Functions

Bottom-up (people-government)
  1. mechanism for leadership selection

Ideally you have plurality - a circulation of elites and a diversity of platforms

  1. instrument

hold current administration accountable for their actions

  1. forum for interest articulation

All the flaws in the system comes out in debates and forums and small group discussions. It is during campaign time where a lot of the issues that need to be addressed are brought out. Problem - people don't vote on issues, but on faces.

Top-down approach

  1. rule

especially in totalitarian governments

  1. guide to political strategy

chance for candidates to observe the groups in action formulate game plan based on demands observe and form their platform around these demands

  1. agent

draw in the population to participate in policy-making

Qualifications for suffrage

the cheating process starts with registration until the final count. I remember this reporter went from registration area to registration area and registered. She was able to register twice or thrice. Also, every step of the way. Some candidates don't see the point of stuffing ballot boxes or whatever, because you can cheat on the wholesale level. dagdag-bawas phenomenon. That's why groups like NAMFREL are trying to push for fewer steps.

One of the most obvious ways to do that is not recognizing this particular problem. They're lines. The Philippines is the only country left in the world that uses write-in ballots. Why are we the only ones? The write-in ballot encourages name recall, and that is one of the manifestations of the type of campaign you have. If popularity is what your election promotes, then the rest of your government will follow.

On Friday, we will watch a film.

Electoral systems

single member plurality system

whoever gets the most number of votes - still a minority president "first past the post"

single member majoritarian systems

absolute majority

run-off
If no one has an absolute majority, then there will be a second vote for the top 3 candidates. Costly in terms of time and money. Involves compromise.
AVS
Australia.
multi-member proportional system

Germany - List system.

Mixed system or additional member system

like the Philippines

The Philippine Electoral System

akin to the German model

Elections

They think they're participating in the process of government facade of democracy

the more basic question which I'd like to ask now is why do people vote? Why do people vote?

"It's fun."

voting is a communal act.

2002.12.04: Strong societies and week states

How different states are configured

strong state, weak society (Pyramidal structure)

France - very bureaucratic state is vast. you feel the government. The top school is a bureaucracy school.

Israel - country surrounded by hostile territory. Definitely needs state authority. If not, they would easily succumb to external factors.

weak state, weak society (Anarchical)

China in the early 1940s Mexico in the early 1900s

weak state, strong society

Certain 3rd World countries Philippines There can be no understanding of the state capabilities without understanding the social structure.

A10_Pick up Strong Societies, Weak States acetate handout (2002.12.04)

State != government State > government.

Government is an instrumentality by which the state expresses its will.

[Strong Societies, Weak States acetate #1] According to Weber:

Does your state has the ability to make and implement the binding rules for all people as well as the parameters of rule making or other social organiations in a given territory, using force if necessary to have it their way?

State - highest entity. No one should be able to circumvent the will of the state.

caciques

Social control:

impenetrable barriers

primary organization

definitive social organization of the Filipino

if you look at the tiger economies during the time they were developing, there's one main obvious difference - successful land reform. broke up strong land-owning clans. give back autonomy to the state. take away their base of power. level the playing field.

here, landowners are able to truly pursue their interests on the level of policy making.

rise of crony capitalism

bilaterally

family values not bad, but can have a definite negative effect on the economy

we depend more on the conglomerates

government intervention in the economy?

2002.12.02: Analysis

Readings until Christmas break

Political culture - mendoza, migdal, rivera, mccoy (2) Elections - manacsa, shively, deleon, montinola, sidel organized citizenry - heywood, melegrito ^ mendoza, magadia

Analysis

On the political system in general Demands not being met Elections and how demands are more abundant during elections Outputs are in short supply after elections Short but meaningful experience with Senator Angara

Misc. notes

No classes on Friday, yes classes on Monday Skip rights of citizens First long test: last week before we end the school year, 18th or 20th Website: ilearn. ls_...

A11_Prepare for first long test on December 18 (2002.12.01)
A12XPick up a copy of the acetates and readings (2002.12.03)

Acetates are available at the reserve section

Political culture

Not automatic, but learned. You have to have immersed yourself for a long period of time before you can say that you have adequately obtained the culture. Culture means that you actually imbibed a way of life in a particular place Since we're talking about political culture.. as pattern of orientation to political objects. What are political objects?

Senator Edgardo J. Angara November 29, 2002 PCI Bank Lecture Hall, SEC B

Angara talk
I came from Payatas. I know that Payatas is one of your adopted places, and I just launched a school feeding program there.

When I was UP President, we won the UAAP in 1984 - the first time UP had won it in 50 years. Since then it had gone progressively down.

What do you really expect of your country's leaders? Are you better off today than a year ago? Two years ago? Are you exacting the same degree of rectitude from politicians as well as your parents? Or are you accepting whatever the politicians say. Sometimes I'm perplexed at the lack of indignation that Filipinos have against the

led to believe that corruption is a way of life, and that the young are beginning to accept it as a fact of life. 2700 are leaving this country every week - that's how many young people, highly educated, motivated and trained, are leaving this country. Why?

So I came really to make one specific appeal - that we must all join and fight corruption in this country. Corruption has robbed our children of the books and schools and desks and computers that they so desperately need. Every year we hear "Kulang tayo ng mga guro, ng mga libro.." And yet how much do we lose every day in corruption in public works? P 22 B pesos - that's how much we lose every year. Give me P 22 B and I will address all the shortages. And the effect of these shortages is that the Philippines has the largest class size in Asia if not the world. Do you know what is our average class size? Give me a guess. 60? 50? 40? The average is 55 pupils to a classroom. The public school classroom is 20 x 20. If you packed 55 people in that classroom, they are like sardines, and there is no teacher in earth who can effectively deliver learning to that large size. Malaysia and Singapore - their class sizes are 19. China - with its billions of people - 32. Class size is the measure of deficiency in effectiveness in teaching. We lack the money to build those classrooms, to train those teachers.. Not to speak of the fact that we don't train our math and science competitions. Out of 34 countries in international math competitions, we are #2.. from the bottom. That's how bad we are faring in science and mathematics because teachers in public school would teach physics.. who are graduates of physical education, and that is the pathetic state of public education in our country. You are going to possibly the best school in the Philippines - next to UP - but how many millions of Filipinos cannot and will not have your chance at having a crack at the best teachers and the best facilities and the best learning environments? Millions. Millions!

What did the World Bank tell us? A year ago the World Bank conducted a world-wide survey of the level of corruption in the world. What did it tell us? In 20 years, the Philippines lost USD 48 B, and that 48B dollars is more than enough to pay off our foreign debt in that period. Parang umuutang tayo tapos ninanakaw lang ng mga opisyals. Ano yung sinabi ng Transparency International? We are #11 out of 212 most corrupt. What is the practical impact of that bad repuation? FOreign investments don't come in because every time you ask government to act, you have to make lagay. Why would you go to that country when there are many countries you can go for business? THat is why our infrastructure and our roads and our systems are deteriorating, because we don't have the money to rebuild, to repair... What is going to be our deficit at the end of this year? sabi ng gob, 200B. we think that it will hit 250B - a record high. We have to borrow to operate our government, we have to borrow to build... Inflation - interest rates will go up. The cost of living, the price of goods would even be higher.

I want you to be angry, but I don't want you to lose hope, because despite the faults and weaknesses of this country and its leaders, there is hope for us. The Filipinos were always known to be resilient. How come when Filipinos are abroad, they work hard and follow rules? That is how generous and hard-working the Filipino is, and those are the traits that will carry us through this hardship.

How many came from the provinces? I cam from the province. I'm from Baler. It's a very small town - I grew up there. I was educated there. But I never lost faith in my ability. I persevered. I grew up in a time when there was no electricity or reading materials in my home time. I didn't see TV until I came to Manila, when I went to UP. I want to UP because I was a scholar - if not for that fact, I would not have gone to UP. I went to the US and got my MS, offered scholarships by Columbia and Michigan, and I took it. I had an extraordinarily active extracurricular life. I was president this, president that. I was president of the student council and yet I could maintain my grades. Interviews say that they'd like to see the leadership qualities of the applicants; they'd like to see the balance of student life. I want you to maintain your activism and your active involvement in the political science organizations and in any organization that doesn't burn down buildings.

Harvey reminded me that the program will end at 6, which is quite right because I am going to rush to Sheraton.

Don't lose hope. We must be angry at corrupt officials. What am I doing to combat this? On my part, the corruption that we're seeing.. I'm trying to reform the purchasing process of this country. The procurement system of our country... I'm trying to clean up our campaign finance. Who do you think are financing our electoral campaigns? Oligarchs and gambling lords, and now we're beginning to see the drug lords coming in with their drug money. Once they control the government with their money, we will be another Colombia.

Student anti-corruption crusade a watchdog a group that will denounce acts of corruption committed in the government corruption - crimes against your younger brothers and sisters i'd like you to join an anti-corruption crusade. what we are doing now is for you

Angara paper

Model
People: Everyone

In his talk entitled "Policies and Issues in Public Education", Senator Edgardo Angara called our attention to the extent of graft and corruption in the educational system and the consequences of such, ending with an appeal to us to help address the problem of corruption. This is not a new problem. We know that graft and corruption is widespread in our country. However, most of us don't do anything about it. There are a number of reasons for our inaction:

People: Everyone
Input from people to gatekeepers: Incident reports
Gatekeepers: An anti-corruption brigade
Input from gatekeepers to government: Summaries, public pressure
Government: Different agencies that may conflict with each other
Output from government: Removal of corrupt officials, greater transparencies
What happens when there's no output?
Gatekeepers raise people's awareness of unmet needs.

Readings

An Anarchy of Families: The Historiography of state and family in the Philippines

Alfred W. McCoy (1994) Personal copy #16

First World - national history = corporations + parties + unions + legislature + executive family is aspect of social history, not an institutionthat can direct a nation's destiny Third World - elite family leading actor. object and subject of history

Jean Grossholtz

Only first page available. Where is rest? "Despite the oft-cited significance of elite families in Philippine

financing and dominate state-regulated industries, thereby amassing the largest private fortune in the Philippines".

Rent-seeking families and the state

apparent belief that the state should reward a self-selecting economic elite instead of using its resources to strengthen the public sector or uplift the country's poor

James Buchanan definition: rents appear when the state uses regulationto restrict "freedom of entry" into hte market. rent = monopoly. competition forsuch monopolies - political process called rent seeking.

Manuel Montes - role of businessmen in state economic planning profit-seeking eco structure - income won/lost on the basis of ability to develop property rent-seeking - ownership alone guarantees wealth