Week 2 - Federalism

Question 1

Define federalism

Answer 1

•Federalism: systems of government built off of a constitutional division of powers between a central government and lower levels of government.

•Neither level of government is subordinate to the other within their defined jurisdictions.

Question 2

List the alternatives to federalism

Answer 2

• confederal systems
• unitary systems

Question 3

What is a confederal system

Answer 3

•Confederal systems: systems of government with multiple levels of government but the central government is dependent on the lower levels for its existence
•(e.g., America under the Articles of Confederation; the European Union)

Question 4

What is a unitary system

Answer 4

Unitary systems: systems of government where the central government is supreme.

There may be lower levels of government, but they are dependent on the central government for survival
(e.g., UK, France, Sweden)

Question 5

What isn’t federalism? Define it

Answer 5

Decentralization: the transfer of power to local levels of government regardless of constitutional protections.
•Federations can be more or less centralized. Unitary systems of governments can also be more or less decentralized.

Question 6

What is the 3 criteria for federalism

Answer 6

A federal state has the following three criteria:
1.Levels of government whose authority cannot be removed unilaterally by one another (split sovereignty).
2.Each level of government is selected independently (e.g. distinct elections).
3.Each level of government has authority on at least one policy area.

Question 7

Is Canada a federation

Answer 7

➢Can sovereignty of provinces be revoked unilaterally?
No (although federal controls were used until 1961). General amendment formula (Constitution Act, 1982 Sec. 38) requires seven provinces and 50% of the population (7-50 Rule).
➢Are levels of government independent?
Yes. Defined in constitution: federal institutions (Constitution Act, 1867 Sec. 9-53), provincial constitutions (Sec. 58-90).
➢Does each level have at least one area of authority?
Yes. Defined in Sec. 91-92 of Constitution Act, 1867.

Question 8

List the three benefits to federalism

Answer 8

A substantial literature has developed to test what are seen as normative benefits of federal regimes:
•Responsiveness to citizens
•Laboratories of democracy
•Protections against tyranny

Question 9

Why is responsiveness a benefit

Answer 9

Perhaps the most cited benefit of federalism is that federal regimes will be more responsive to citizens
•The more local the government, the more accessible they are to ordinary citizens
•Policymakers at sub-national levels may have more information about local conditions

Question 10

Why is laboratories of democracy a benefit

Answer 10

Federalism also provides advantages through innovation in policy – called “policy learning”
•Policy makers can observe policy choices made in other jurisdictions and learn from successes and avoid failures
•Ex. Health care in Saskatchewan

Question 11

Why is protection against tyranny a benefit

Answer 11

•Federalism diffuses power and in doing so prevents excessive concentration of power among one group
•It can give institutional power to minority groups for protection from the majority
•Subnational jurisdictions may mirror societal cleavages on language, religion, race or ethnicity, etc.

An important limitation is that such cleavages need to be geographic
•Groups that are more evenly distributed throughout a country won’t be provided such protections (e.g., Indigenous peoples)
•An argument to move beyond geography in conceptualizations of federalism

Question 12

List the 4 costs associated with federalism

Answer 12

Important to acknowledge costs associated with federal systems:
•Race to the bottom
•Subnational jurisdiction inequality
•Authoritarian enclaves
•Inefficiency

Question 13

Explain race to the bottom

Answer 13

•Competition between jurisdictions may devolve into a race to lower regulations and tax rates or to give out corporate subsidies
•Called a race to the bottom

Question 14

Explain jurisdictional inequality

Answer 14

Countries may also have resource endowments that vary considerably.
•Variation in fiscal capacity = variation in quality of public services
•Equalization in Canada

Question 15

Explain what authoritarian enclaves are

Answer 15

Federalism may allow the continued presence of authoritarian enclaves
•Provincial policy can deny citizens civil rights in response to local public opinion
•E.g., the Jim Crow south

Question 16

Is federalism efficient?

Answer 16

•Federalism is also a messier, less efficient way of pursuing public policy: a lot of negotiation and a lot of duplication of services.
•On the other hand, reason to expect a different type of inefficiency with public monopoly.
•This cost of federalism is debatable

Question 17

Why are federal systems created?

Answer 17

Common interests -> External or internal threat
Prior association -> Sense of military insecurity
Shared values or culture, ideology -> Sense of economic insecurity
Economic benefits -> Sense of cultural insecurity
Proximity -> Perceived threat to existing order
Similar institutions
Strategic considerations

Question 18

Describe the main events of the origins of federalism in Canada

Answer 18

•Pre-existing colonies of Canada, New Brunswick, and Nova Scotia vulnerable to American expansionism
•Union seen to bolster the economic and military viability of the Canadian colonies
•American Civil War escalated these concerns – possible resurgence of Manifest Destiny

•Anglophone leaders of Upper Canada wanted a strong unitary state (e.g., John A. Macdonald)
•Francophone leaders of Lower Canada, as well as New Brunswick and Nova Scotia favoured federal model (e.g., George Etienne Cartier)
•Confederation represented a compromise between these visions

Question 19

List the important components of the confederation settlement

Answer 19

Important components of the settlement:
➢Division of powers and resources
➢Federal Controls
➢Intra-state federalism
➢Cultural guarantees

Question 20

List some of the division of powers

• Provincial
• Federal
• Shared

Answer 20

Federal:
- Taxation
- defence
- foreign policy
- trade and commerce
- Currency
- indigenous Canadians
- Criminal law
- unemployment insurance

Shared:
- immigration
- agriculture
- old age pensions

Provincial
- direct taxation
- hospitals
- education
- property and civil rights
- admin of justice
- municipalities
- all other local matters

Question 21

List the 4 initial federal controls

Answer 21

Initially the federal government was dominant in Canadian confederation
•Taxation power (i.e., tariffs and indirect taxation)
•Disallowance and reservation
•Important spheres of jurisdiction (e.g., military and foreign affairs, trade and commerce)
•Residual powers  federal government

Question 22

define intro state federalism and what is resulted in

Answer 22

Smaller colonies concerned about representation in national institutions. Known as intra-state federalism.

Resulted in:
➢Rep-by-pop in House of Commons, but equal regional representation in the Senate
➢Regional representation in cabinet (informally)
➢Regional representation in the Supreme Court (eventually)
➢Intra-state federalism ultimately weak in Canada

Question 23

What were the 3 cultural guarantees to address the anxieties of the French

Answer 23

Anxiety of French Canadians addressed with…
➢English and French as official languages in federal government and courts
➢Separate denominational schools for Catholics and Protestants
➢Property and civil rights given to provinces so Quebec could maintain civil code

Question 24

List the 6 phases of federalism

Answer 24

1)Quasi-federalism (1867-1920)
2)Classical federalism (1920-1945)
3)Cooperative federalism (1945-1971)
4)Competitive federalism (1971-1992)
5)Collaborative federalism (1992-2006)
6)Open federalism? (2006-)

Question 25

Quasi federalism was characterized by ________

Answer 25

Characterized by federal dominance
•Robust use of the power of disallowance and reservation
•96 bills disallowed between 1867 and 1921 (only 16 from QC and ON)
•New provinces admitted to union (Alberta and Saskatchewan) with federal government taking resource revenue

Question 26

Classical federalism introduced ___________

Answer 26

Judicial Committee of the Privy Council (JCPC) began to enforce DUAL FEDERALISM
•Federal government and provinces were strictly confined to jurisdictions
•Dramatic narrowing of the Peace, Order & Good Governance (POGG) clause and trade and commerce clauses
•Struck down important federal policy, like national employment insurance
•Exceptions during the world wars – EMERGENCY FEDERALISM

Question 27

Describe the three aspects of co-operative federalism

Answer 27

•Post-war era saw the massive growth of government responsibility in social policy, but provinces were cash-strapped
•Rise of federal-led co-operative federalism: federal government used its SPENDING POWER to compel provinces to create robust social policy
•SHARED COSTS PROGRAMS where federal government provided matching funds to provincial programs

Question 28

Describe the aspects of competitive federalism

Answer 28

•An era of growing provincial budgets and a cash-strapped federal government
•Shared cost programs abandoned in favour of block funding
•Rise of Quebec nationalism and Western alienation delegitimized the federal spending power
•Turn to the constitutional arena

Question 29

Describe the aspects of collaborative federalism

Answer 29

•A debt crisis in Ottawa led to federal retreat: transfers to the provinces were slashed
•New era of collaborative federalism characterized by provincial leadership and collaboration with other provinces and Ottawa
•Maintenance of national standards and recognition of the federal spending power
•Quebec on the sidelines

Question 30

Describe the current open federalism

Answer 30

•Harper’s victory in 2006 marked another period of federal retreat
•Open federalism began a turn away from federal standards and interference in provincial jurisdictions
•Little federal-provincial negotiation, more limited federal spending power
•Trudeau has embraced a more active federal role, but it is still limited in comparison to the past

Question 31

What are the 3 caveats

Answer 31

•There is no clear demarcation between the eras of federal-provincial relations
•Degree and nature of federal involvement varies by policy area
•Federal-provincial relations are under-institutionalized – ensures they evolve depending on the leadership of First Ministers or economic and social conditions

Question 32

True or false: in federal systems provincial governments have less authority than federal or central governments by rule

Answer 32

False

Question 33

True or false: the division of powers between federal and state/provincial powers if often governed by unwritten constitutional convention

Answer 33

False

Question 34

Match the definition to the correct term.

1. System of government where the central government is supreme
2. System of government where the central government depends on the lower levels for its existence
3. System of government with a constitutional division of power between central and lower levels of government with neither subordinate to the other

A. Decentralized system
B. Unitary system
C. Federal system
D. Confederal system

Answer 34

1, B
2, D
3, C

Question 35

The notion that provinces may compete with one another to reduce taxes and social services is known as…

1. Reach for the top
2. Authoritarian enclaves
3. Laboratories of democracy
4. Race to the bottom

Answer 35

4

Question 36

What are reasons why federal systems are created? Please select all that apply.
1. Sense of military or economic threat
2. Economic benefits
3. To preserve the autonomy of local communities
4. Cultural or social similarity

Answer 36

1, 2, 4

Question 37

Please match the policy area to the appropriate level of government

1. Indigenous relations
2. Health care
3. Agriculture

A. Shared
B. Provincial
C. Municipal
D. Federal

Answer 37

1, D
2, B
3, A