Unchallenged Legislation • Commonwealth Government passes laws regarding areas of responsibility not listed in the constitution (residual powers belonging to the States) • These laws are therefore most likely unconstitutional (ultra vires). • State Governments do not challenge the validity of the laws in the High Court. • High Court cannot declare laws invalid unless the matter is brought before them by a State Government or an affected person. • Examples: Snowy Mountain Scheme, and the CSIRO. • Impact in shifting power minimal because if the States have a problem with this Commonwealth intrusion into residual power, they can challenge it!