1. Unchallenged Legislation
Commonwealth Government passes laws regarding areas of responsibility not listed in the constitution (residual powers belonging to the States)
These laws are therefore most likely unconstitutional (ultra vires).
State Governments do not challenge the validity of the laws in the High Court.
High Court cannot declare laws
invalid unless the matter is brought
before them by a State
Government or an affected person.
Examples: Snowy Mountain Scheme,
and the CSIRO.
Impact in shifting power minimal
because if the States have a problem
with this Commonwealth intrusion
into residual power, they can
challenge it!