Gray's Anatomy for Governments

When Americans talks of "the Constitution," they mean a specific document: the Constitution of the United States adopted in 1787, and later amendments to it.

This document sets out the structure and workings of the US government. It sets the dates elections are to be held, and a President sworn into office.

It even sets out the oath of office, as John F. Kennedy pointed out in his 1961 inaugural address:

"For I have sworn before you and almighty God the same solemn oath our forebears prescribes a century and three quarters ago..."

The Presidency has evolved considerably since 1787. A President's initiation of legislation, expansion of his role as Commander in Chief, the rise of political parties and the activist power of the Supreme Court were not foreseen.

Yet a 21st century reader of the original Constitution still has a recognizable picture of American government: the three branches with their checks and balances, the calling of elections, and the make up of the two houses of Congress. Onto this basic structure later additions can be grafted.

When Canadians talk of "the Constitution," it’s not clear what they mean. Only a few realize their Constitution consists of written statutes and other enactments, and an unwritten body of traditions and practices that also has the force of law.

But most are talking of one or more of the written enactments, even if they're not sure which ones. The Canadian Charter of Rights and Freedoms is probably the best known, but it is simply part of a 1982 amendment to an earlier document, now called the Constitution Act 1867.

That was originally called the British North America Act, a statute passed in London to join four provinces into the Dominion of Canada. Every time another province joined, the BNA Act was amended—until 1982 when the Act was renamed and full amending power passed to Canada.

1867 marked the fourth major reorganization of what is now Canada passed by the UK. First was the 1774 Quebec Act that guaranteed the French presence in North America, and contributed to the US Revolution two years later.

The 1792 Constitutional Act dealt with the influx of English speaking refugees from the Thirteen Colonies. It split Quebec into the provinces of Lower and Upper Canada, for French and English populations.

The 1840 Act of Union rejoined the two into a single province. Failure of the political union to lead to a single society led to federalism in the 1867 Act.

The 1867 Act set out responsibilities of federal and provincial governments, but it does not give a recognizable picture of those governments. It focuses on a Parliament that now is primarily a body to decide who becomes Prime Minister.

It vests Executive power in the Queen, a powerful symbol that wields no power. It mentions the Governor General, Canada's resident Head of State but not the Prime Minister, the most powerful political figure in Canada.

The PM and other institutions are part of Canada's Constitution even though they are not mentioned there in writing. They are part of the conventions (accepted practices) that have grown and been passed down in the Parliamentary tradition.

When American want to change their Constitution, they follow a set procedure. An amendment must past two thirds of both houses of Congress and three fourths of the state legislatures to take effect.

Canadians can do that too for measures in the written constitution. However, the level of support needed for some amendments makes this route a difficult one.

But unwritten parts of the Canadian Constitution are changed whenever a new practice is introduced, allowed to stand and comes to have the force of tradition.

This happened when the federal government failed to use its power to veto provincial legislation. After 60 years that power was deemed to have died.

It may happen when a Prime Minister attempts to recess Parliament to avoid a vote of non-confidence. If successive Governors General accept such a recommendation, the practice will come to be seen as part of the Constitution.

Americans see their constitution legalistically: as a set of propositions that can be changed only by legal process. The British have an organic sense we see in the phrase " a healthy constitution.” This can refer to an individual or a public body.

Canadians’ Constitution is organic and synthetic. It began with a body of tradition. But like the Borg of Star Trek, other parts were fabricated and added on. As a result it's sometimes hard to tell if an appendage is original or a transplant.