Canadian
Constitution |
American
Constitution |
1)
The powers of the provinces specifically defined and limited to the list
provided under ss. 92, 93 and 95. | The
powers of the central government were specifically defined and limited to the
list given under art. 1, s.8. |
2)
For the major part, the residuary powers were granted to the federal government
(preamble of s. 91) | The
residuary powers were reserved to the States or the people (10th Amendment) |
3) The Constitution
Act, 1867 permits the vetoing by the federal government of provincial legislation
(s. 56-57 and 90) | No
such clause in the American constitution. |
4)
All of the upper echelons of the judiciary (federal - such as the Supreme Court of Canada - and provincial) are
under the control of the federal government. | The
federal government controls federal courts; the state governments control the
state courts. |
5)
The chief executive officer of a province (Lieutenant-Governor) is appointed,
paid and removable by the federal government. | The
chief executive officer of a state (Governor) is elected by the people of the
state. |
6)
Senators (they are supposed to protect regional rights and interests) are
appointed by the federal government. | Senators
(they are supposed to protect region rights and interests) were appointed by the
legislatures of the states. They are now elected directly by the people of the
state. |
7)
Criminal law is under federal jurisdiction. | Criminal
law is under state jurisdiction. |
8)
The federal government may raise money "by any mode or system of taxation." | Federal
taxing powers were not as extensive as in Canada. |
9)
Under circumstances specified by s. 94, the common laws of the provinces (except
Quebec) might be unified under federal jurisdiction. | No
such clause in the American constitution. |
10)
The federal government has the right to make remedial laws when a province has
adversely affected denominational rights to education. | No
such clause in the American constitution. |
11)
The federal government has the right to declare "works" which are provincial
in nature to be transferred under federal jurisdiction. | No
such clause in the American constitution. |
12)
The federal government pays subsidies to the provinces. | No
such clause in the American constitution. |
13)
Even at the level of the vocabulary used, one can easily gather that strength
is at the centre and weakness is in the provinces: | The
vocabulary in the US is more egalitarian. |
a)
To a Governor-General of Canada correspond Lieutenant-Governors for the provinces. | To
the President corresponds a Governor for each State. |
b)
We have a Dominion government but provincial governments. | To
a United States government corresponds a State government. |
c) Canada has a House
of Commons; the provinces have Legislative Assemblies. | The
US has a House of Representatives; so do the States. |
d)
Canada has a Senate; the provinces had Legislative Councils. | The
US has federal and state Senates. |
e)
In Canada the federal government has a Prime Minister, the provinces have a Premier. | Not
applicable. |
Note:
Many points made here would not be applicable today. It would be fair to say,
on those issues dealt with here, that Canada has become, since 1867, far less
centralist while the US has become far more centralist. |