Federalism Vs Canada

Federalism in the United States vs. Canada

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Federalism in the United States of America vs. Canada You would think two nations so closely intertwined in many ways would share a similar system of government. In the case of the the United States of America and Canada there is a rather odd divide. The original intentions of the framers of both nations were rather opposite in their view of the dynamic of Federal power vs. local powers. In Canada, they believe in creating a strong centralized power that is predominate over the provinces. Where as in the United States there was a much different vision. The goal of the U.S. Constitution was to find a way to limit the

In the United States of America, through the court systems many powers originally assigned to the States were relinquished in order to create national continuity in enforcing the will of the U.S. Constitution. The same goes for Canada and is why many powers over the years were slowly relinquished from the central government to the states. The difference being the direction in with the powers matriculated. In the United States there were no explicit powers guaranteed to the States. This allowed the Federal government to slowly eat up the implied powers of the States. In Canada, the opposite was true where the provinces had explicit powers that were immune to the will of the centralized government. Many Americans argue that this interpretive power is much too destructively powerful in shaping the powers that be. Considering the original intention of both countries was almost the opposite of what now exists, that might just be

Through studying their differences it is clear that the foley of the United States' founders was in not giving explicit powers to the States. Leaving the unassigned powers to the States but allowing the power of interpretation enabled the Federal government to slowly eat up all unassigned powers that were originally intended for the states. In Canada the exact opposite happened where the provinces were assigned explicit powers that allowed them to force the Federal governments hand through their own interpretation of their rights. We can also find wisdom to gain from the overlap these two governmental systems have in their allowance of interpretation of law. The concept of interpretive law was intended to increase the longevity of the constitutions relevance. In the long run, it's basically flipped the script on the constitutions meaning in the first place. This clearly makes the intention of interpretive law useless as it allows for flippant changes to be made to the point where the original constitution essentially no longer applies. Through studying each other we can learn that the United States has given too much power to the Supreme Court's interpretation of the constitution and that Canada has given too much power to their individual provinces making the centralized government almost