Submitted by Graham
From The Sydney Morning Herald
Chaplaincy fight tests nationhood powers
By Dan Harrison
July 21, 2011
NSW has joined a Queensland father in challenging the constitutional validity of the controversial national school chaplaincy program, arguing the scheme exceeds the federal government's powers.
Victoria and Western Australia are also intervening in the case, brought by parent Ron Williams, which will be heard in the High Court next month.
In 2009, the High Court went close to striking down the Rudd government's $900 stimulus payment on similar grounds. While a narrow majority ruled the payments were legal, the case established the principle that the Commonwealth can spend money only where it has legislative or executive power. The legitimacy of the payments depended upon an implied ''nationhood'' power that allows the federal government to act outside the areas for which it has been expressly granted power in order to engage in activities that could otherwise not be carried out for the benefit of the nation. This power supported the payments as part of a national response to the global financial crisis.
Full Story: http://www.smh.com.au/national/chaplaincy-fight-tests-nationhood-powers-20110720-1hoyn.html#ixzz1SiEYnCkp
