Year 12 Constitution Sections

Section 1

vests legislative power into the HOR and the Senate, known as the parliament

Section 7

states that the Senate is ‘directly chosen by the people’

Section 24

states that the HOR is directly chosen by the people and that it will be around 2x the size of the Senate, and proportionate to the population

Section 73 and 74

grants HC appellate jurisdiction, but only if special leave to appeal is granted. This could be a miscarriage of justic, a question of law which could create new common law or there is a conflict between courts.

Section 75 and 76

Original jurisdiction in all matters arising under any treaty, affecting representative of other countries, in which the Cth is a party or between States

Section 71

creates the federal judiciary and vests ‘judicial power’ of the Cth in the HC (exclusive power to create new federal courts)

Section 72

Justices appointed by GG in Council, removed by GG or on address from both Houses on the ground of proved misbehavior, and shall receive remuneration as the Parliament decides that may not be diminished during their continuation in office

Section 80

provides the constitutional protection for the right to trial by jury for indictable federal offences

Section 15

Senate vacancies - when a senator retires, or dies before their term expires, their seat is filled by the parliament of the state they represented and same political party (1977 referendum)

Section 53

appropriation (money) bills. Senate cannot introduce/amend bills but can fail to pass any bill as a method of blocking

Section 57

double dissolution - when Senate fails to pass a bill twice within 3 months, a deadlock is established. GG can then dissolve both houses simultaneously

Section 61

executive power of the Cth is vested in the Queen and exercisable by the GG as the Queen’s representative

Section 64

Ministers of State - GG appoints ministers who hold office during their pleasure and who will be members of EXCO

Section 62

There shall be a Federal Executive Council (EXCO) to advise the GG, members chosen and summoned by the GG and serve at their pleasure

Section 63

GG must act in Council i.e. shall act on advice of EXCO

Section 128

outlines the process of the referendum including how and when the bill must pass, and the double majority requirement

Section 90

exclusive power over customs and excise collection

Section 96

financial assistance to the states for the first 10 years after Federation or on whatever conditions the parliament sees fit (tied grants)

Section 106

allows states to have their individual constitutions

Section 107

allows state parliaments and gives them residual powers

Section 108

allows states to pass, amend or remove state legislation

Article 1-3 US Constitution

1. Legislature (Congress)

2. Executive (President and Cabinet)

3. Judiciary (Courts)

Executive Order 14004

Enabling All Qualified Americans to Serve their Country in Uniform 2021

Title 10 of the US Codes

Allows President to determine policy and eligibility of Armed Services

Article 2 Section 2

the President “shall have the power to grant pardons for offences against the United States (federal crimes)…”

Article 2 Section 2

“The President shall nominate, and, by and with the Advice and Consent of the Senate, shall appoint…judges of the Supreme Court…”

Article 1 Section 7

grants the President the authority to veto legislation passed by Congress

JASTA

S 2040 - Justice Against Sponsors of Terrorism Act

Article 1 Section 2

grants the HOR “the sole power of impeachment”

Article 1 Section 3

grants the Senate “the sole power to try all impeachments” - ‘treason, bribery and other high crimes and misdemeanours’

Article 3 Section 2

gives judiciary original jurisdiction with regard to the constitutionality of laws

Article 2 Section 2

consists of appeals from federal courts of appeal

Executive Order 13769

“Muslim Ban” 2017

Section 51 (xix)

naturalization and aliens

Section 60H of the Family Law Act

deals with children conceived using artificial insemination

Section 51 (xxxvii)

Referral of powers - allows the states to refer specific residual or concurrent powers to the Cth

Section 127

removed entirely in 1967 referendum to allow Aboriginal Australians to be counted in the census

Section 51 (xxvi)

‘other than the Aboriginal race in any state’ wording removed to allow Cth to make laws under the ‘race’ power

Section 129 and Chapter IX

ATSI Voice and Recognition of ATSI

Section 41

right to vote at time of federation

Section 116

protects the freedom of religion

Section 117

Prevents discrimination against citizen based on state residence

Section 92

Protection of free trade between states

Section 51 (xxi) and (xxii)

Marriage and divorce

Section 32

Issuing writs for election

Section 58

granting royal assents

Section 28

every HOR will serve for 3 years unless dissolved by the GG

Chapter V of Constitution

S. 106 - 109

Section 51 (ii)

Taxation

Section 51 (xx)

corporations

Section 51 (xxiiiA)

Social services - 1946 referendum

Section 51 (xxix)

external affairs

Section 87

Braddon Blot - financial clause that forced Cth to return ¾ of their revenue from customs and excise collection back to individual states for 10 years

Section 51 (xxxv)

industrial relations power (arbitration and conciliation)

Section 94

Distribution of surplus - after 5 years, the parliament may provide on such basis as it deems fair, for the monthly payment to the several States of all surplus revenue of the Cth

Section 2

Monarch appoints a GG to be their representative

Section 109

if state and federal law clash, federal law prevails to the extent of the inconsistency

Section 49

parliamentary privilege - MPs can say whatever they want without repercussions except lying to the house

Section 50

gives both houses to make their own internal rules and procedures (Standing Orders)

Section 44

outlines what disqualifies a person from serving in the parliament (e.g. foreign allegiance/dual citizenship)