How Canadians Govern Themselves
written Constitution: his or her qualifi cations
or get one within a reasonable time. There is
for the position, the method of election, the
nothing in any law to say that a government that
method of removal ? all the essential powers
loses its majority in the House of Commons
of offi
ce, in black and white, unchangeable
on a matter of confi dence must either resign
except by formal constitutional amendment.
(making way for a diff erent government in the
same House) or ask for a fresh general election.
The Canadian prime minister did not appear
in the written Constitution until 1982. It still
A fourth basic diff erence between the American
contains not one syllable on prime ministerial
and Canadian systems is in the type of
qualifi
cations, the method of election or
federalism they embody. The American system
removal, or the prime minister?s powers (except
was originally highly decentralized. The federal
for the calling of constitutional conferences).
Congress was given a short list of specifi c
Nor is there anything on any of these matters
powers; everything not mentioned in that list
in any act of Parliament, except for provision of
belonged to the states ?or to the people? (that
a salary, pension and residence for the person
is, was not within the power of either Congress
holding the recognized position of fi rst minister.
or any state legislature). ?States? rights? were
Everything else is a matter of established usage,
fundamental. The Fathers of Confederation,
of ?convention.? There is nothing in any law
gazing with horror at the American Civil War,
requiring the prime minister or any other
decided that ?states? rights? were precisely what
minister to have a seat in Parliament; there is
had caused it, and acted accordingly.
just a custom that he or she must have a seat,
e
tlemor
om Lit
liament/Tar
y of Par
o: Libr
Phot
The Senate and the House of Commons meet in the Parliament Buildings.
28
Canadian and American Government
?Here,? said Sir John A. Macdonald, ?we have
Act, 1867, as to narrow federal power and widen
adopted a diff erent system. We have expressly
provincial power. The result is that the United
declared that all subjects of general interest
States is, in actual fact, now a much more highly
not distinctly and exclusively conferred upon
centralized federation than Canada, and Canada
the local governments and legislatures shall be
has become, perhaps, the most decentralized
conferred upon the general government and
federation in the world. Nonetheless, the
legislature. We have thus avoided that great
fact that under our Constitution the powers
source of weakness that has been the disruption
not specifi cally mentioned come under the
of the United States. We hereby strengthen the
national Parliament gives the central authority
central Parliament, and make the Confederation
