Chapter 3

Question 1

What is the federal model for US

Answer 1

Dual federalism

Question 2

What is the federal model for Canada

Answer 2

Uses dual federalism with Westminster chain of accountability

Question 3

What are the arguments for federalism

Answer 3

• state govs closer to people
• Australians have strong state loyalties
• Competition means states strive to do their best
• political freedoms enhanced as federalism divides and checks power of gov.

Question 4

What are the arguments against federalism

Answer 4

• leads to over-government
• exaggerates conflict
• reduces ability to make national decisions

Question 5

How has the federal balance shifted since federation

Answer 5

Dual federal structure became coercive (strong commonwealth), eg. huge breadth of ministerial portfolios which are constitutionally residual powers (Health, education etc)

Question 6

Have referral of powers had a signification affect on the federal balance, and give evidence

Answer 6

no, because states don’t want to give up powers, eg. Murray Darling 2008, Criminal code amendment 2003

Question 7

Have referenda had a signification affect on the federal balance, and give evidence

Answer 7

no, because they rarely pass (2 gave commonwealth more power)

Question 8

Have unchallenged legislation had a signification affect on the federal balance, and give evidence

Answer 8

yes, snowy mountain scheme and CSIRO

Question 9

Have financial powers had a signification affect on the federal balance, and give evidence

Answer 9

Yes, sections 51 (ii), 52,90, 92, 96 and 105A give the commonwealth huge amounts of financial power,

Question 10

Have High Court Judgements had a signification affect on the federal balance, and give evidence

Answer 10

Yes, as High Court interprets constitution in Commonwealth’s favour, eg. Ha’s case, state challenge of uniform tax agreement (1942) in 1957

Question 11

What sections of the constitution contributed to states weak financial status

Answer 11

sections 86, 90 and 96

Question 12

How did the loans council operate

Answer 12

Regulated state overseas borrowing, however this is not an issues now as tied grants are used prevalently

Question 13

What are some issues raised by vertical fiscal imbalance

Answer 13

significant blame between levels of government
states=incompetent, commonwealth=not enough funding
costs 9 billion to implement

Question 14

List the financial powers in s51 (ii), 86, 90, 96, 105A

Answer 14

51(ii)=concurrent power to tax
86,90=customs and excise
96=tied grants
105A= commonwealth takes control of state debts