Comparative Federalism

1
Comparative Federalism

• Reasons for Federalism
• An additional check on power (Madison)
• Policy flexibility local concerns
• Policy experimentation

2
Comparative Federalism

• Federalism in the United States
• Constitutional design points to a loose
  federation, but the federal government now
  dominates
• Constitutional Basis
• Senate
• Equal representation by state
• Previously elected by state governments
• Amendment X The powers not delegated to the
  United States by the Constitution, nor prohibited
  by it to the states, are reserved to the states
  respectively, or to the people.

3
Comparative Federalism

• Federalism in the United States
• Events
• Rejection of Articles of Confederation
• Civil War decisive rejection of states right to
  secede
• World Wars, the Great Depression the New Deal

4
Comparative Federalism

• Federalism in the United States
• Judicial Interpretation
• Interstate Commerce Clause (Article I, section 8,
  paragraph 3)
• Sherman Antitrust Act (1890) Trust-busting
• FDR, the New Deal, and the Court-Packing Plan
• Civil Rights Cases erosion of states rights
• Party Organization and the Party System
• Parties provide an integrated career ladder for
  politicians

5
Comparative Federalism

• Federalism in Australia
• Constitution suggests weak federal government,
  but opposite is true
• Constitutional Basis
• Consciously modelled on US
• Elected Senate 12 Senators per state
• Constitution lists a small set of exclusive
  Commonwealth powers (interstate commerce,
  taxation), with all else left to states
• States limited in capacity to tax, e.g., state
  sales tax prohibited

6
Comparative Federalism

• Federalism in Australia
• Judicial Interpretation
• Courts protected Commonwealths near-monopoly on
  revenue, taxation
• Centralization in Australia flows mainly from
  Canberras capacity to use its financial capacity
  to involve itself in state policy areas (e.g.,
  education)

7
Comparative Federalism

• Federalism in Australia
• No major social cleavages
• Less hostility to Canberras involvement in state
  policy areas
• Early dominance of Labor Party
• strongly centralist in organization and outlook
• Career ladder for politicians

8
Comparative Federalism

• Federalism Essay
• DISCUSS HOW CANADIAN FEDERALISM HAS CHANGED
  SINCE CONFEDERATION THROUGH JUDICIAL
  INTERPRETATION, POLITICAL PRACTICE, AND
  CONSTITUTIONAL AMENDMENT. DUE 10 MARCH 2008
• Do not try to cover all elements comprehensively
• Suggest which factor most important
• Provide reasons why that factor more important
  than other(s)