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Chapter 7-Federalism.docx

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University of Guelph
Political Science
POLS 2300
J Lewis

Chapter 7 Federalism What is FederalismPolitical organization Activities of government are dividedRegional governments provincial and central government federalnational2 levels A political system in which legislative power is distributed between a national central or federal legislature HoC and a level of state or provincial legislaturesLegislative AssemblyQueens Parkon In theorypure or classical federal system there is no superiorinferior relationship implied in the divided authorityjust 2 different parts of govtdifference of how it should really work and how it does work In practice federal constitutions are usually biased in one directionthere is inequality and inferiority between provincial and federal legislation Why Federalism Economycoming together with colonies Communityprotection of your federation Territorysharing the benefits of a larger space Securityfeel from having an army to protect you Freedomexpanding your options in the govt systemprovincial may disagree with federalgoes to your advantageThe Origins Maintenance and Demise of Federal StatesOnly about 24 of the 192 United Nations countries are federal rare but most other systems are similarExamples include the United States Australia Germany India and the former Soviet Union United Statesconfederalmore equal on levelsmore emphasis on states rights decentralized more Great BritainunitaryCanadafederalNo single ideal waysome work better for other cultures Constantly changing Federal Division of Powers Division of powers is fundamental to any federal system Source of much political controversy Common Canadian Federalism TermsWatertight compartments A metaphor used by Lord Atkin indicating a narrow interpretation by the JCPCjuristictions of federal and provincial legislative competence under the BNA Act 1867very black and whiteResidual Powers Allocates those powers not dealt with to one or the other levels of governmenthave to deal with things outside of what have been described Residual powers discussed in Section 91 POGG clausenotion of peace order good govtjudicial powers help decideEnumerated Powers Specific powerslisted in the constitution for feds or provsSection 92 16 powers to the provincesConcurrent Powers Section 95 called for joint jurisdiction in agriculture and immigrationPowers shared between federal and provincial legislatures The Constitution and Federalism Section 91 All part of the BNA Act Federalwhat are they responsible for today29 itemsex Trade commerce banking credit currency taxation navigation citizenship and defence Section 92 Provincial responsibilities16 itemsDirect taxation hospitals prisons property civil rights Section 93 Provincial responsibilityEducation Problem federal elections are based on key factors like educationhealthcare and they are decided by the govtfederal can only give provinces money and provs decide what to do with itsometimes strings may be attachedEvolution of Canadian Federalism PreWWII QuasiFederalism 18671896Provinces were subordinate to the federal government label and theoryinterpretations of what was going on at the time Federalism new to Canada National policy of John A Macdonald focused on building Canadian political institutions transportation and communication infrastructure and the economyHighly centralized federal system supported by broad constitutional powers such as trade and commerce power residual powers and the financial capacity Classical Federalism 18961949 The federal and provincial governments are equal in status but independent Preoccupied with problems in their own jurisdictions Provincial powers began to gradually expand during this period as a result of strong political leadership in certain provinces increasing levels of interprovincial organization and judicial decisionsCooperative Federalism 19491970In order to finance the development of the welfare state the federal and provincial governments entered into revenue and costsharing arrangements
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