Politics and Law: Federalism in the Constitution

Constitution sections for Syllabus 9: Federalism

92

Federal Government cannot impose duties on interstate trade. Guarantees free trade among states.

87

Braddon Clause, stipulated that for first ten years after federation, three-fourths of customs and excise revenue collected by Commonwealth would be distributed to states.

90

Grants Commonwealth exclusive power over customs and excise duties

96

Allows Commonwealth Parliament to grant financial assistance to any state on such terms and conditions it sees fit. (Tied or Special Purpose Grants)

86

On the establishment of the Commonwealth, the collection and control of customs, duties and excise would pass to the executive government of the Commonwealth.

51ii

Concurrent power of taxation

51

40 heads of power

51xxix

Exclusive power of external affairs

51xxi

Concurrent power of marriage

51xxvii

Concurrent power to make laws in regards to immigration and emigration

52

Commonwealth Parliament has exclusive power to make laws with respect to public service and site of Commonwealth seat of Government (ACT).

107

Legislative powers of states are retained unless Constitution exclusively vests the power in the Parliament of the Commonwealth

109

Federal law prevails when in disagreement with State.

116

Federal government cannot establish a national religion

99

Prohibits the Commonwealth from giving preference to one state over any other State, in any law, regulation, commerce or trade