Federalism
POGG, Trade and Commerce
GHG Reference and the limits of federal power.
Federal authority over national matters is grounded in Peace, Order and Good Government (POGG) and the general trade and commerce power. The GHG Reference (2021) reinvigorated POGG's national-concern branch, upholding minimum federal carbon-pricing standards. The Securities Reference (2011) confined the general trade and commerce power, holding the proposed federal Securities Act ultra vires. The Senate Reform Reference (2014) emphasised that constitutional architecture, not just text, governs amendment.
Key principles
- POGG branchesGap, emergency, national concern.
- National concern testSingle, distinct, indivisible matter; impact reconcilable with division of powers; provincial inability.
- General trade and commerceFive GM Indicia; narrow scope.