1. Federalism D. Brown / Pol Sci 100 St Francis Xavier November 2009

2. What is Federalism? A type of democratic government A type of democratic government A philosophy of co-existence in diverse or multiple societies A philosophy of co-existence in diverse or multiple societies The constitutional rule of law The constitutional rule of law Self rule + shared rule Self rule + shared rule Divided and shared sovereignty Divided and shared sovereignty Multilevel governance Multilevel governance

3. Definitions and Distinctions Federalism -- the overall theory of shared governance and social co-existence Federalism -- the overall theory of shared governance and social co-existence Federation – two or more orders of government with equal status under a Constitution Federation – two or more orders of government with equal status under a Constitution Confederation – a league of states with delegated central authority (( in Canada, the original act of union in 1867)) Confederation – a league of states with delegated central authority (( in Canada, the original act of union in 1867))

4. Why federalism? Reasons related to “interests”: Reasons related to “interests”: Governing a large territory effectively and democratically Governing a large territory effectively and democratically Creating a larger economic space Creating a larger economic space Defence against potential enemies Defence against potential enemies Reasons related to “values”: Reasons related to “values”: Accommodating diverse groups, nations Accommodating diverse groups, nations Sharing power Sharing power Creating competing power centres Creating competing power centres

5. Five Features of a Federation 1. Combining shared rule and self rule  regional governments for regional matters, laws applicable to residents within their boundaries  central government for general matters, laws applicable to all citizens 2. Constitutionally protected autonomy of each level of government, central and local.

6. Five Features, continued 3. A Constitution that distributes power among two or more orders of government 4. A constitutional amending formula, preventing any one order of government from changing the constitution unilaterally. 5. Central institutions designed in part to represent all the units of the federation.

7. Varieties of Federations Territorial Diversity Only: Territorial Diversity Only: United States of America United States of America United Mexican States United Mexican States Australia Australia Germany Germany Austria Austria Social Diversity also: Social Diversity also: Canada Switzerland India Malaysia Nigeria Belgium Spain South Africa

8. Multilevel Governance European Union: European Union: A federal-type system where Member States have a lot of power, but able to make joint decisions easily. A federal-type system where Member States have a lot of power, but able to make joint decisions easily. Many issues coordinated from local to regional to national to “supranational” Many issues coordinated from local to regional to national to “supranational” Canada and elsewhere: Canada and elsewhere: Coordinated relations among governments and non-government actors to get things done together (without formal constitutional arrangements) Coordinated relations among governments and non-government actors to get things done together (without formal constitutional arrangements)

9. Why did we (in Canada) create a federal union? Defense of British North America and better organization of imperial interests Fenian raids cause concern Fenian raids cause concern Effect of US civil war and potential aggression Effect of US civil war and potential aggression Creating a continental economy British mercantilism ending British mercantilism ending Reciprocity Treaty with USA ends 1866 Reciprocity Treaty with USA ends 1866 To Get out of the Political Stalemate and Dysfunction of the 1840 union of Upper and Lower Canada

10. Some Key Features of the Canadian Federal System, 1867 Law-making powers divided between Federal and Provincial Legislatures, with few shared or concurrent powers Law-making powers divided between Federal and Provincial Legislatures, with few shared or concurrent powers Executive power organized the same way at each level, and each government runs it own administration and levies its own taxes. Executive power organized the same way at each level, and each government runs it own administration and levies its own taxes. An integrated court system, with one final court of appeal (Supreme Court of Canada) for criminal, civil and constitutional cases. An integrated court system, with one final court of appeal (Supreme Court of Canada) for criminal, civil and constitutional cases.

11. Key Powers allocated in the 1867 Constitution Federal Federal Trade and Commerce Trade and Commerce Banking and Monetary Banking and Monetary National defence National defence Control over Indians and their lands, the Northwest Control over Indians and their lands, the Northwest Transportation and communications Transportation and communications “Peace, Order and Good Government” “Peace, Order and Good Government” Provincial Provincial Property and Civil Rights Matters of a Local and Private Nature (including municipal government) Ownership & regulation of natural resources Education, health and social services

12. “Fiscal Federalism” Making sure that revenues match expenditures within the federation as a whole. Making sure that revenues match expenditures within the federation as a whole. Central governments usually have greater constitutional authority to levy taxes, and are in a better position to effectively collect them. Central governments usually have greater constitutional authority to levy taxes, and are in a better position to effectively collect them. In most federations the central government transfers funds to the provinces In most federations the central government transfers funds to the provinces A) to help them with program responsibilities. A) to help them with program responsibilities. B) to even out differences between richer and poorer provinces B) to even out differences between richer and poorer provinces

13. Common Political Issues in Federations Should provinces all have the same amount of autonomy, or should there be differences? Should provinces all have the same amount of autonomy, or should there be differences? Should the federal government impose standards on provincial programs? Should the federal government impose standards on provincial programs? How much money should be transferred to provinces? How fiscally independent should they be? How much money should be transferred to provinces? How fiscally independent should they be? How do you make federal-provincial relations more open and democratic? How do you make federal-provincial relations more open and democratic?