The U. S. Constitution and Canadian History and Culture

In a very real sense, Canada is a result of the American Civil War. Discussion about Confederation, the joining of British North American colonies in a form of gradually devolving independence, began in the 1860s, while American states were fighting each other. Britain feared the cost of defending scattered colonies far from home against unemployed American armies. She encouraged BNA colonies to unite for self-defense. The first four colonies joined as Canada on July 1, 1867. Others joined in 1870, 1871, 1872, 1905 (two), and 1949.

As the colonies were negotiating what the law creating Canada would say, the spectre of the U.S. Constitution loomed large. "The more perfect Union" had imploded. Canadians did not want any system that could result in parts of the federation declaring war on other parts. The goal would be "Peace, Order, and Good Government." The monarch and executive systems took precedence, stressing the importance of leadership. In the legislative system, "rep by pop" was combined with regional representation. And there is a clear division of powers, with the provinces having the right to tax to pay for provincial services. Provinces/territories/colonies choose when to opt in and (possibly) whether to opt out. No one joined under duress; nor is it likely that arms would be used internally to enforce compliance. As recently as 1997, a separatist party, the Bloc Quebecois, formed "Her Majesty's Loyal Opposition," the party with the second-largest number of seats elected to federal parliament in Ottawa.

George versus Jean/President or Prime Minister? In devising a Canadian system also, there was a reaction to the role of the American President. The U.S. Constitution did away with a monarch but it chose to elect a president with many powers similar symbolically to a king. To an outsider viewing far too much American news, it seems that the American President is expected to behave like a regal figurehead but his electors are not expected to behave as loyal subjects towards him. Canada opted to retain the monarch and to have an appointed vice-regal representative to serve the figurehead and sober-advisor roles. The Prime Minister is now the leader of the party with the majority in Parliament. The Prime Minister can change between elections if the majority of his party votes him out (as they did to Margaret Thatcher in Great Britain) or if he simply chooses to retire when he feels the time is right. This avoids

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