True or False: Canada, the US, Belgium, Australia, & Germany all have a federal system of government
True
True or False: the Constitution establishes a neat division of legislative & taxation powers between Ottawa & the provinces
False
True or False: the term quasi-federal means a federal set-up where there are 2 levels of government (central and the states/provinces), but more powers are given to the provincial/state level
False: The term quasi-federal means a federal set-up where there are 2 levels of government (central and the states/provinces), but more powers are given to the Central Government
True or False: Federalism in the Americas began in 1789 when the federal government of the United States was founded.
False. Indigenous peoples of the Americas had a long-standing history with federalism and modern constitutionalism prior to colonization.
Name a country with a unitary form of government.
Possible answers: France, Japan, China, & Turkey
Which 2 sections of the Constitution Act, 1867 enumerate powers that belong to each level of government?
Sections 91 (federal powers) & 92 (provincial powers)
Define classical federalism.
Classical federalism assumes that the division of powers is comparable to ‘water-tight compartments’ in a ship, meaning the powers are divided clearly between the governments and there is no overlap or spillage between the two orders of government.
True or False: treaties constitute a constitutional arrangement of federalism.
True.
What is federalism?
Under the federal form of government, sovereignty is distributed between central and provincial/state governments so that neither order of government is legally or politically subordinate to the other
Define residual powers.
Provided to the federal government under the constitution – if a new power emerged that was not specified in the constitution, then it automatically became federal jurisdiction.
True or False: Equalization payments and shared-cost programs are associated with uncooperative federalism.
False: Equalization payments and shared-cost programs are associated with cooperative federalism.
In cooperative federalism, provinces would retain most social-welfare responsibilities and work cooperatively with the federal government through the federal spending power to establish a welfare state.
True or False: The Haudenosaunee's federal system of governance greatly influenced the development of the federal system in the United States.
True
What does it mean when a country has a unitary form of government?
Under a unitary form of government, sovereignty resides exclusively with the central government, and regional governments are legally and politically subordinate to it
In some cases policy areas were unimagined when the federal division of powers was framed by the 1867 Constitution so they are not explicitly assigned to either level of government. Provide an example of such a policy area.
Possible answers: electronic communications, air transportation, & environmental protections
The result of the federal government unilaterally decreasing its financial commitment to programs established via fiscal federalism.
The Haudenosaunee or Iroquois Confederacy is an example of a federal system of government. How many sovereign nations did it bring together?
It brought together five sovereign nations: Onondaga, Cayuga, Mohawk, Seneca, and Oneida. In coming together and creating a new collective socio-political entity- the Haudenosaunee- each nation ratified a new constitution, thus agreeing to live and govern themselves in accordance with a new constitutional order.
Most of the anglophone Fathers of Confederation favoured a unitary system of government under which all power would be in the hands of a new national parliament. They were opposed, however, by 2 groups. Name at least one of these groups.
The French-Canadian representatives of Canada East (what today is Quebec) & Maritime politicians
Define POGG.
The federal government is allowed to set aside the division of powers if its actions were to advance "peace, order and good government."
This power is only used in emergency circumstances (ex. times of war or famine)
Define open federalism.
Stephen Harper’s approach to the federation.
Mains elements:
1. A respect for the division of powers.
2. An end to federal unilateralism in the area of fiscal federalism.
3. Restrictions on the use of the federal spending power in provincial areas of jurisdiction.
4. A vision that combines the advancement of Quebec within the Canadian federation.
Why does Ladner say treaty federalism is the only acceptable solution to colonization?
Because it is the only political order that justly allows the "alien" or colonial nation (Canada) to continue to govern (and simply exist) in the territories Aboriginal people agreed to share. Simply stated, it is the only option for Canada as it is the only political order that would allow all nations to govern themselves in this shared territory.