Re: offer sounds unconstitutional

On Jun 27, 6:42�pm, Boracay Bill <boracayb...@xxxxxxxxx> wrote:
On Jun 28, 9:18 am, vacationing to la <bernardson...@xxxxxxxxx> wrote:





On Jun 27, 5:54?pm, Boracay Bill <boracayb...@xxxxxxxxx> wrote:

I notice that the article reports, (incorrectly, as I understand it):
"The Constitution bars US troops from engaging in actual combat but
they can provide intelligence and technical support."

Let's take a look what at the relevant provision (Article XVIII,
Section 25) of the 1987 RP constitution actually does say: ? "After
the expiration in 1991 of the Agreement between the Republic of the
Philippines and the United States of America concerning military
bases, foreign military bases, troops, or facilities shall not be
allowed in the Philippines except under a treaty duly concurred in by
the Senate and, when the Congress so requires, ratified by a majority
of the votes cast by the people in a national referendum held for that
purpose, and recognized as a treaty by the other contracting State."

Again: "... foreign military bases, troops, or facilities shall not be
allowed in the Philippines except under a treaty duly concurred in by
the Senate and ..."

Snippeting: "foreign [...] troops, [...] shall not be allowed in the
Philippines"

As I read that, the constitutional prohibition is against the mere
presence of foreign troops in the RP. ?The constitution goes on to
say: ?"... except under a treaty ...".

Such a treaty is the 1951 US-RP Mutual Defense Treaty. ?Article 2 of
that treaty reads: "In order more effectively to achieve the objective
of this Treaty, the Parties separately and jointly by self-help and
mutual aid will maintain and develop their individual and collective
capacity to resist armed attack."

As I understand it, the argument for visits to the RP by US troops is
that the joint exercises and operations in which US and RP troops
participate maintains and develops their individual and collective
capacity to resist armed attack -- something the US and RP have agreed
by treaty to do.

For background
seehttp://www.chanrobles.com/philsupremelaw2.html
andhttp://en.wikipedia.org/wiki/Mutual_Defense_Treaty_%28US-Philippines%29

i believe the idea  was the armed  attack refer  to external sources.
the npa is local  and  it  is even  argued within  the pinas if  it is
considred a terrorist or not

Article 2 of the agreement does not concern itself with responding to
any particular armed attack (and I think that an argument can be made
that the MDT envisions that such an attack would come from an external
source, and that counterarguments about that can also be made).
Article 2 is, rather, about ("jointly by self-help and mutual aid")
maintaining and developing the capacity to resist armed attack.- Hide quoted text -

- Show quoted text -

besides it is bad idea for the us to involve itself in civil
wars. see iraq.

.

Relevant Pages

  • Re: offer sounds unconstitutional
    ... bases, foreign military bases, troops, or facilities shall not be ... allowed in the Philippines except under a treaty duly concurred in by ... i believe the idea was the armed attack refer to external sources. ... Article 2 of the agreement does not concern itself with responding to ...
    (soc.culture.filipino)
  • Re: offer sounds unconstitutional
    ... "The Constitution bars US troops from engaging in actual combat but ... bases, foreign military bases, troops, or facilities shall not be ... allowed in the Philippines except under a treaty duly concurred in by ... capacity to resist armed attack -- something the US and RP have agreed ...
    (soc.culture.filipino)
  • Re: offer sounds unconstitutional
    ... "The Constitution bars US troops from engaging in actual combat but ... bases, foreign military bases, troops, or facilities shall not be ... allowed in the Philippines except under a treaty duly concurred in by ... capacity to resist armed attack -- something the US and RP have agreed ...
    (soc.culture.filipino)
  • Re: offer sounds unconstitutional
    ... "The Constitution bars US troops from engaging in actual combat but ... bases, foreign military bases, troops, or facilities shall not be ... allowed in the Philippines except under a treaty duly concurred in by ... capacity to resist armed attack -- something the US and RP have agreed ...
    (soc.culture.filipino)