State of the Nation Report: Avoid a War of Words

State of the Nation Report: Avoid a War of Words
China Times editorial (Taipei, Taiwan, ROC)
A Translation
April 27, 2012

Summary: After due deliberation and discussion, the Office of the President has clarified its position. President Ma is pleased that the Legislative Yuan passed a formal resolution. He will be happy to use the State of the Nation Report to explain the government's policies to the public. But Ma has preconditions. Everything must be consistent with the letter and spirit of the Constitution. Nothing must blur the distinction between the powers and responsibilities of the president and the premier.

Full Text below:

After due deliberation and discussion, the Office of the President has clarified its position. President Ma is pleased that the Legislative Yuan passed a formal resolution. He will be happy to use the State of the Nation Report to explain the government's policies to the public. But Ma has preconditions. Everything must be consistent with the letter and spirit of the Constitution. Nothing must blur the distinction between the powers and responsibilities of the president and the premier.

On the surface, the Office of the President has signed off on the State of the Nation Report. But it set preconditions. It made clear that any questioning by legislators, whether multiple questions followed by a single answer, or single questions followed by single answers, would imply that the president is answerable to the Legislative Yuan. This would obfuscate the roles of the president and the premier. This would blur the distinction between the two leaders' rights and responsibilities. Therefore the disagreements between the ruling and opposition parties over the State of the Nation Report will not be resolved any time soon.

President Ma Ying-jeou insists on strict adherence to the constitution. For this, he deserves affirmation. But he also clings obstinately to the Additional Articles to the Constitution. He insists that any Q&A session following the State of the Nation Report would set a negative constitutional precedent. His obstinacy does nothing to facilitate interparty consultation. It will merely turn the president's State of the Nation Report before the Legislative Yuan and other policy issues into an occasion for partisan political rhetoric. .

According to the Additional Articles to the Constitution, "When the Legislative Yuan convenes each year, it may listen to the State of the Nation Report." In other words, the Legislative Yuan may or may not choose to listen to the State of the Nation Report, and delivering a State of the Nation Report is not the president's constitutional obligation. Prior to these constitutional precedents, former President Lee Teng-hui already visited the National Assembly and delivered the State of the Nation Report. He set a precedent by responding to recommendations made by the National Assembly on behalf of the nation. Following the abolition of the National Assembly, its powers and responsibilities were transferred to the Legislative Yuan. The Chen Shui-bian administration ruled for eight years, President Chen Shui-bian requested an opportunity to make a State of the Nation Report before the Legislative Yuan on more than one occasion. But opposition Kuomintang Legislators were hardly prepared to allow Chen Shui-bian to make a grand entrance before the legislature, and bask in the honors bestowed upon a head of state.

In May 2008, President Chen Shui-bian was preparing to leave office. The Legislative Yuan amended the Legislative Yuan Duties Enforcement Act. This provided the constitutional amendments with a clearer legal basis. Under the newly amended "Legislative Yuan Powers Law," the "Legislators would ask questions about unclear aspects of the State of the Nation Report." It also stipulated that "The aforementioned legislator questioning would be subject to presidential approval. Legislators would first ask their questions. The president would combine their questions into one, and answer them all at one time." 

From this we know that the president's State of the Nation Report is a form of communication with legislators, But what terminology should be used to describe this communication? Basically legislators may ask questions. But the president may choose not to answer them, based on his right of consent. The president may choose to reply or not. In other words, President Ma Ying-jeou will decide whether to deliver the State of the Nation Report before the Legislative Yuan. The decision does not belong to the legislature. The Legislative Yuan resolution does not specify whether the President must respond to one question at a time, or to all questions at one time. At most it asks the President to listen to the legislators' questions and offer a supplementary report. Whether the president provides a supplementary report, is up to him. The ruling and opposition legislators have no say in the matter.

The President's State of the Nation Report is a major constitutional issue. But for most people, it is a matter of no particular urgency, They may even want to subject the presidential to written or verbal abuse. They cannot be bothered to listen to what legislators have to say. More importantly, according to the constitution the president is the head of state, But the premier is the highest ranking executive official within the Executive Yuan. The premier is responsible to the Legislative Yuan. When ruling and opposition legislators oversee government policy and review bills, they are overseeing the Executive Yuan and the heads of various ministries, not the president.

The President is a symbol of the nation. He must be accorded some degree of respect, In January 1794, George Washington, the first president of the United States, visited Congress and delivered a speech. He established this tradition. Many changes have taken place since then. Thomas Jefferson, the third president, changed policy in writing. He wanted to avoid making the presidential speech appear too condescending, and therefore inconsistent with the principles of republicanism. U.S. presidents appear before Congress. They deliver their State of the Union Addresses. The ruling and opposition parties often find themselves at loggerheads. But opposition legislators invariably give the president a standing ovation, in accordance with tradition. This is a show of respect for the President. It is also a show of respect for the nation.

Kuomintang legislators refused to allow Chen Shui-bian to address the Legislative Yuan. To some extent their intent was to prevent Chen Shui-bian from basking in the applause of the legislature. DPP legislators must now ask themselves a question. Are they willing to give Ma Ying-jeou a standing ovation when he appears before the Legislative Yuan? Suppose they are unwilling. Suppose they refuse to do so. Suppose they attempt to use the opportunity to humiliate the president. Ma Ying-jeou is not the one who will be hurt. Those hurt will be DPP leaders, who lack political maturity. .

Will the President appear before the legislature? What protocols should be observed when he does? This dilemma is not the President's. This dilemma is the Legislative Yuan's, If the president wants to address the nation. he need not do to before the Legislative Yuan. He can do so any time at any place. The issues of concern to legislators, are whether to impose license taxes, whether to raise gasoline and electricity prices, whether to delay 12 year compulsory education. .. None of these are the president's constitutional powers or responsibilities. Suppose the president appears before the Legislative Yuan. The legislators raise questions. The President can simply refer the questions to the Executive Yuan and be done with them. The President occupies a position of dominance as the head of state. The majority of people prefer a head of state who displays good manners and evinces political maturity. The Office of the President need not refuse to respond to legislators' questions in advance, or become caught up in a war of words between the ruling and opposition parties.

中時電子報 新聞
中國時報 　2012.04.27
赴立院國情報告 何苦陷入口水戰
本報訊

    　經過一段時間的醞釀和討論，總統府日前明確表達，馬總統樂於在立法院通過正式決議後，透過國情報告向民眾說明政府的施政理念，但前提是必須合乎憲法明定的方式與精神，且不混淆總統與行政院長權責分際。

    　表面上看，總統府對國情報告已經點了頭，然而，因為前提設定，且總統府直言不論屆時立委對總統的國情報告採取「綜合問答」或者「一問一答」，都形同總統對立法院負責，都會混淆總統與閣揆的角色分際與權責，可預見的相關朝野協商絕對不可能一時半刻有所解決。

    　馬英九總統恪遵憲法的堅持值得肯定，但死守憲法條文且嚴詞認為國情報告後加入問答係創下「憲政惡例」，也無助於朝野協商，只會讓總統是否赴立法院提出國情報告，和其他政策或政治議題般流為政黨鬥爭耍嘴皮的題目。

    　根據憲法增修條文規定，「立法院於每年集會時，得聽取國情報告。」換言之，立法院可聽可不聽，而國情報告亦非總統的憲法義務；在此一憲法規範前，前總統李登輝已經創下赴國民大會提出國情咨文，並答覆國民大會代表國是建言的前例；國民大會廢除後，是項權責轉移到立法院，扁政府八年，陳水扁總統不只一次想赴立法院提出國情報告，但是，當年在野的國民黨立委完全沒意願讓陳水扁風光進入國會，享受國家元首的尊榮。

    　直到二○○八年五月陳水扁總統卸任前，立法院修改《立法院職權行使法》，讓相關憲法規定有了比較明確的法律依據和進行，根據新修正的《立法院職權行使法》，「立法委員於總統國情報告完畢後，得就報告不明瞭處，提出問題」，且「就前項委員發言，經總統同意時，得綜合再做補充報告」的條文。

    　由此可知，不論總統國情報告後與立委間的「溝通」，到底用什麼字眼描述，基本上，立委可以提問，但總統答不答是以總統的同意為前提，總統可以答覆也可以不答覆。換言之，馬英九總統在考慮自己要不要赴立法院進行國情報告時，是不能以立委不得提問為前提的；但同樣的，立法院決議邀請總統提出國情報告的文字也不宜明述要求總統做「綜合問答」或「一問一答」，頂多只能請總統在聆聽立委問題後再做補充報告。但是，總統要不要補充報告還是以總統意願為優先，不是朝野立委說了算。

    　總統的國情報告在憲政體制上是大事，但對多數民眾而言，卻是不急之務，他們甚至寧可上總統臉書留言或捧或罵，就是懶得聽立委說什麼；更重要的，根據憲法總統是國家元首，但行政院長才是向立院負責的最高行政首長，朝野立委監督政府政策、審查法案的對象是行政院和各部會首長，而非總統。

    　此外，總統身為國家象徵，本來就該享有基本的尊重，美國首任總統華盛頓在一七九○年元月赴國會發表演說，並從此建立這個傳統。歷屆不乏有若干改變，如第三任總統傑佛遜改以書面提出施政方向，以免總統演說太居高臨下，不符美國的民主原則，即使如此，美國歷任總統赴國會提出國情演說，朝野政黨再對立，在野議員一定依例起立鼓掌，這是對總統的尊重，也是對國家的尊重。

    　當年國民黨立委不讓陳水扁到立法院，某種程度就是不讓陳水扁享受國會的掌聲；同樣的，此刻民進黨立委也要想想，當馬英九總統赴立法院的時候，他們願不願意起身給予馬英九基本的掌聲？如果不肯，甚至當面讓馬總統難看，受傷的可能未必是馬英九，反而是不具民主風度的民進黨。

    　總統到底要不要、或者用什麼形式赴立法院提出國情報告，其實不是總統的問題，而是立法院的問題，總統想說話，不必到立法院，任何時刻任何地點都能說；而立委關切的問題，不論是證所稅課不課、油電該不該漲價、十二年國教要不要延後實施…，都不是總統的憲法權責，就算到了立法院，立委提了問題，總統大可以一句這是行政院長的職權而打發。正因為總統居於國家元首的優勢地位，而多數民眾更喜歡看到一位有民主風度和素養的國家元首，總統府真的也不必事前設定前提拒絕立委提問，捲入朝野協商的口水戰。