The Hon Sir Gerard Brennan AC KBE
former Chief Justice of the High Court of Australia
Conference Committee:
Suri Ratnapala, Professor of Public Law, UQ
Thomas John, Chair, European Focus Group, LCA
Nicholas Aroney, Reader in Law, UQ
Hendryk Flaegel, International Law Section, LCA

Example in United States

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Federalism in the United States is the evolving relationship between state governments and the federal government of the United States. American government has evolved from a system of dual federalism to one of associative federalism. In "Federalist No. 46," James Madison asserted that the states and national government "are in fact but different agents and trustees of the people, constituted with different powers." Alexander Hamilton, writing in "Federalist No. 28," suggested that both levels of government would exercise authority to the citizens' benefit: "If their [the peoples'] rights are invaded by either, they can make use of the other as the instrument of redress." Because the states were preexisting political entities, the U.S. Constitution did not need to define or explain federalism in any one section but it often mentions the rights and responsibilities of state governments and state officials in relation to the federal government. The federal government has certain express powers (also called enumerated powers) which are powers spelled out in the Constitution, including the right to levy taxes, declare war, and regulate interstate and foreign commerce. In addition, the Necessary and Proper Clause gives the federal government the implied power to pass any law "necessary and proper" for t

e execution of its express powers. Other powers—the reserved powers—are reserved to the people or the states.[3] The power delegated to the federal government was significantly expanded by the Supreme Court decision in McCulloch v. Maryland (1819), amendments to the Constitution following the Civil War, and by some later amendments—as well as the overall claim of the Civil War, that the states were legally subject to the final dictates of the federal government. The Federalist party of the United States were opposed by the Democratic-Republicans, including powerful figures such as Thomas Jefferson. The Democratic-Republicans mainly believed that: The Legislature had too much power (mainly because of the Necessary and Proper Clause) and that they were unchecked. The Executive had too much power, and that there was no check on the executive. A dictator would arise. A bill of rights should be coupled with the constitution to prevent a dictator (then believed to eventually be the president) from exploiting citizens. The federalists, on the other hand, argued that it was impossible to list all the rights, and those that were not listed could be easily overlooked because they were not in the official bill of rights. Rather, rights in specific cases were to be decided by the judicial system of courts.

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