1 CONSTITUTIONAL LAW 42 EQUALITY RIGHTS I: GENRAL FRAMEWORK Shigenori Matsui 1.
CONSTITUTIONAL LAW 07 FEDERALISM: HISTORICAL BACKGROUND II Shigenori Matsui.
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Transcript of CONSTITUTIONAL LAW 07 FEDERALISM: HISTORICAL BACKGROUND II Shigenori Matsui.
INTRODUCTION
What happens to the federalism jurisprudence during the early 20th century and during the new deal?
What is the current framework?
Framework established by the Privy Council Need to see whether the subject falls within s. 92 Broad interpretation of property and civil rights in
the province Narrow interpretation of pogg in s. 91 Narrow interpretation of power over trade and
commerce
Pogg power mo pogg power if the subject falls within one of s.
92 Broad interpretation of property and civil rights
Parsons case Emergency (Manitoba Free Press case)
National Concern Russell case Followed by AG Ontario case Narrowly construed by Board of Commerce Act case
and Syner case Still possibility AG BC case
Trade and commerce power Narrowly limited to regulation of international and
interprovincial trade and general regulation of trade affecting the whole Dominion (Parsons case, followed by AG Ontario case)
Stripped of its substance by Board of Commerce Act case and Snyder case
Resurrected by the Proprietary Articles Trade Association case
Still limited scope AG BC case
Criminal law power Public order and safety (Russell case) Narrowly construed by Board of Commerce Act
case and Snyder case Resurrected by the Proprietary Articles Trade
Association case
III COMPARISON WITH THE U.S.
The United States Constitution vests the power to regulate interstate commerce to the Congress
The United States used to interpret this power broadly to allow the Congress to regulate activities in the states.
During the early 20th century, the Court came to distinguish commerce and production and deny the power of the Congress to regulate production in the states.
The New Deal and proliferation of economic regulations
Strong criticisms against the Court
The Court will uphold economic regulation of the Congress If it regulates interstate movement of goods or
services, If it regulates the intrastate activities which will
affect the interstate commerce, and If the regulation of intrastate activities is
necessary to implement the regulation of interstate commerce