Power point 3:

Question 1

Degrees of Decentralization: Continuum

Answer 1

Unitary-Devolution-federal-confederal

unitary

• france
• Central govt domination: other govt delegated authority only

Question 2

Degrees of Decentralization: Devolution

Answer 2

Britain

central govt domination
other govts have legislative status and authority

Question 3

Structural features of federalism

Answer 3

2 co-ordinate levels of not

• written constitution
• bicameral legislature
• dual amendment process
• judicial review

Question 4

2 coordinate levels of govt

Answer 4

Each has real power - can make final decisions in some areas

No hierarchical ordering
-neither level superior to other

shared sovereignty

Question 5

Powers in Cdn Federalism: Federal

Answer 5

• any form of tax
• treaty
• banking, currency
• trade and commerce
• military
• foreign affairs
• criminal law
• native affairs

Question 6

Powers in Cdn federalism: provincial

Answer 6

• direct taxes only
• health
• education
• welfare
• natural resources
• property & civil rights
• liquor

Question 7

Written constitution

Answer 7

Constitution is sovereign

each level of govt has constitutional status

each level of govt given specific grant authority
-areas I which it makes final decisions

residual grant of authority

Question 8

Bicameral legislatures

Answer 8

Intrastate federalism

two houses of legislature exist

upper house special representation of regional units

US Senate

Australia Senate

German Bundesrat

Connecticut compromise

Question 9

Canada’s Senate

Answer 9

105 members

property qualification

equal representation of four regions

• 24 each from maritimes, Ontario, Quebec, and west
• 6 from NFL, 1 from each territory

Prime minister appoints

Long term desire for senate reform

Question 10

Dual amendment procedure

Answer 10

Both levels of govt must agree to changes to constitution

if only central approval is required: devolution

If only regional approval is required: confederal

Question 11

Federal amendment Procedures: US

Answer 11

US

• 2/3 vote in both houses of congress
• Approval by 3/5 of state legislature

Question 12

Federal amendment Procedures: Germany

Answer 12

2/3 vote in both houses of parliament

Question 13

Federal amendment Procedures: Australia

Answer 13

Referendum
national majority
Majority in 2/3 of states

Question 14

Amending Canada’s Constitution

Answer 14

Before 1982: British Parliament

with 1982 Constitution Act

• Some aspects unanimity
• Some aspects federal parliament and single provincial legislature
• Most aspects 7/50 formula
• Canadian senate has only suspensive veto (180 days)

Question 15

Judicial Review

Answer 15

How are disputes over authority settled?

Wheare “the last word in settling disputes about the meaning and divisions of powers must not rest either with the general govt alone, or with the regional govts alone”

Impartial adjudication
-Joint appointment process

Question 16

Appointing the arbitrators: US

Answer 16

President nominates

senate confirms

Question 17

Appointing the arbitrators: Germany

Answer 17

each house of legislature appoints half

Question 18

Appointing the arbitrators: Canada

Answer 18

Until 1949 JCPC

Post 1949 PM appoints

Question 19

Federal short comings

Answer 19

Weak govt

undemocratic

Question 20

Weak Government

Answer 20

true by definition

limit actions by any single govt (gun control)

provision of multiple access points (court intervention)

Limits ability to plan rationally

Smiley: “the Justifications of federalism over a unitary state are political and the values have nothing to do with rationalism in public policy”

Question 21

Undemocratic

Answer 21

National majorities can be prevented from having their wishes carried out

Changes thwarted by tiny minority (MLA killed by Manitoba and NFL (<4% of pop)

Minority rights may not be protected

Question 22

Is Canada ‘truly’ federal

Answer 22

Co-ordinate govts

• fed govt possesses powers of disallowance and reservation
• federal govt has more access to money
• federal spending power

Written constitution
-wording allows fed to intrude

Question 23

Is Canada ‘truly federal’: Bicameral legislature

Answer 23

Bicameral legislature - senate basically not work

Question 24

Is Canada ‘truly federal’: Dual amendment

Answer 24

Did not exist for first 120 years

Question 25

Is Canada 'truly federal': Judicial review

Answer 25

initially excellent with JCPC Supreme Court and PM

Question 26

Reality of Quebec

Answer 26

French language entered in Quebec Fierce protection of division of powers by Quebec elite Unwillingness to risk break up Asymmetrical federalism - quebec only province with civil law - Quebec only province that is bilingual - nature of senate representation in Quebec different

Question 27

Provincial powers more important than planned

Answer 27

Movement away from private provision of social welfare Some of most imp govt activities provincial - health - education - welfare highways electricity

Question 28

Financing federalism

Answer 28

In 1867, the new federal government agreed to assume liability for the debts with which the provinces entered Confederation But these financial arrangements have never been adequate, as the provinces’ responsibilities proved to be more expensive than anticipated The provinces have never stopped lobbying Ottawa for more money; this is the fiscal gap

Question 29

Constitutional Cost Sharing: S. 118 (1867)

Answer 29

Yearly grants to provinces of less than $100,000 Annual grants of 80 cents a head to provinces “Such grants shall be in full Settlement of all future Demands on Canada”

Question 30

Constitutional Cost Sharing: S.36 (1982)

Answer 30

“Parliament and the government of Canada are committed to the principle of making equalization payments to ensure that provincial governments have sufficient revenues to provide reasonably comparable levels of public services at reasonably comparable levels of taxation.”

Question 31

Social assistance

Answer 31

Shared-cost program

Question 32

Medicare and federal funding for post-secondary education

Answer 32

Also started shared cost programs Trudeau 1977 converted the federal contribution into block funding ottawa's share now tied to provincial GDP growth, not the actual cost of the program -Under block funding, an increasing share of health and post secondary costs were shouldered by the provinces

Question 33

Federal grants with strings attached =

Answer 33

conditional grants Ex: Provincial social assistance programs supported by Ottawa cannot make previous residency in the province a condition for receiving benefits The Canada Health Transfer and Canada Social Transfer funding must be spent on health care, post-secondary education, and social services Under the federal Canada Health Act, Ottawa can financially penalize any province that permits doctors to extra-bill patients or fails to adhere to the principles of medicare

Question 34

Fiscal federalism: vertical fiscal imbalance

Answer 34

- incongruity between financial capacity and jurisdiction - Spending Power - Conditional and unconditional grants

Question 35

Fiscal federalism: Horizontal fiscal imbalance

Answer 35

- unequal capacities of regional units | - equalization