Pragmatic nationalism and legal culture: The impact of American colonialism on Philippine constitutional politics (1934--1947)

The making of the 1935 Philippine Constitution under colonial conditions was a historically significant event for both Philippine constitutional politics and legal culture. The process and dynamics of colonial and constitutional politics during the founding stages of the Philippines as an independent nation had implications for the development of Filipinos' conception of constitutionalism and legal culture. Using historical and textual analyses, this study examines the impact of American colonialism on these aspects of Philippine political life. I demonstrate that the 1934--35 constitution-making under American sovereignty highlighted what had been Filipinos' response to the ambivalent American colonial policy of benevolence and jingoism: pragmatic nationalism. This brand of nationalism makes political concessions to the colonial power while asserting a nationalist agenda. Pragmatic nationalism manifested itself in some of the choices the constitutional convention made. I examine the following decisions to adopt (1) a constitution for both the Philippine Commonwealth and the Republic, (2) a unicameral legislature, (3) a presidential system with a strong presidency, and (4) a limited nationalization policy. Each of these choices was subject to the power dynamics between colonial authorities, Filipino leaders, and the constitutional delegates themselves. Pragmatic nationalism at this critical moment of the nation ingrained in Philippine legal culture a conception of the constitution as a tool to respond to power relations, and established a constitutional politics that is flexible and vulnerable to political manipulations, blurring the distinction between constitution-making and ordinary law-making. This was seen in the constitutional amendments shortly after the adoption and ratification of the 1935 Philippine Constitution, and in the 1946--47 parity amendment where unconstitutional procedures were undertaken to pass the amendment.;The stability or instability of a post-colonial society's constitutional democracy can be better understood by looking at the power dynamics during historically significant moments of constitutional politics, and the legal culture that it cultivates. This study demonstrates the impact of colonialism on a colony and provides an explanation for the instability in a post-colonial constitutional democracy where the rule of politicians can supersede the rule of law.