by Rajan Sriskandarajah; originally published February 11, 2004
Jehan Perera
Media Director
National Peace Council
Sri Lanka.
Dear Jehan,
I read your latest Press Release in the Tamil Circle.
This is a good analysis. However, I beg to disagree with your statement that, “… the LTTE’s own proposals for an interim self governing authority exceed those of a normal federal system…”
I am sure you have studied the US Constitution, which is federal. It allows free self-government for all its constituent states. Every state in the United States has its elected ‘parliament’ (Legislative Assembly), an Executive (the Governor) directly elected by the people of the state, its own finances (funded by direct taxation, bonds and federal grants), its own auditors, a state police-force and a full judiciary (including a State Supreme Court), and even an ‘army’ (called the National Guard).
The role of the federal (central) government, on the other hand, is limited to seventeen subjects (Article I: Section 8). The seventeen defined subjects include matters such as ‘commerce with foreign nations and among the several states’, ‘coin money [and] regulate the value thereof’, ‘establish Post Offices and post roads’, ‘promote the progress of Science and Useful Arts’, ‘Declare War’, etc.
The US federal (central) government does not interfere with the internal governance of the states. What is interesting here is that the authors of the US Constitution did not want any ambiguity on this matter. So an Amendment to the Constitution was passed (in 1791), which reads as follows:
“The powers not delegated to the United States by the Constitution nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
[Bill of Rights; Amendment X; US Constitution]
Each state has full control of all lands within its borders. Interestingly, the Federal Government is required to seek consent of the regional government for land usage to maintain federal facilities.
“To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State…”
[Article I; Section 8; US Constitution]
As to the subject of marine and offshore resources, the roles of the federal and state governments are not defined in the constitution. The US has declared an area 12 miles from the coastline as its territorial sea. By convention, the jurisdiction up to three miles from the shore is vested in the coastal state. The federal interests beyond the three miles are established through specific laws dealing with fisheries, mineral development and water quality. In short, the coastal states have greater control of their marine and offshore resources.
If you wish, I can give you other examples of federalism with even stronger state governments than in the US.
I would appreciate it if you could let me know what it is in the LTTE’s ISGA proposal that exceeds ‘normal’ federalism.
With warmest regards.
Sincerely,
Rajan Sriskandarajah