美国的立政基础制约与平衡机制.docx

1、美国的立政基础制约与平衡机制Chengdu Institute Sichuan International Studies UniversityAbstract IIWhat Is the Checks and Balances. IIIThe history of the development of Checks and Balances. III1.2. The definition of Checks and Balances. VWhat Guaranteed the United States to Select the Checks and Balances. VII2.1 Th

2、e profound lessons during the federal distribution of power. VIIThe Complex Social Background after the War of Independence. VIIIThe U.S. Politicians Thinking on the Checks and Balances. IXThe Reason Why America Not Choose A Constitutional Monarchy. XI3. The Checks and Balances in America. XII3.1. T

3、he Balance between the Government and the People. XII3.2. The Balance between the Federal and the State. XII3.3. The Checks and Balances Embody in the Legislative and Executive Power. XIII3.4. Judicial Power has the Checks and Balances with Legislature and Executive Power departments. XIV4. Conclusi

4、on. XVIChecks and Balances Is the Basis of American Policy系别： 英语系专业： 翻译方向年级： 2010级AbstractThe idea of separation of powers was originally proposed by Locke and Montesquieu. Montesquieu had systematically described its content. His ideology of separation of powers had emphasized the division of power

5、, and also stressed on the checks and balances of power, which had a profound impact on the U.S establishment of separation of powers. The Checks and Balances mechanism in the United States is a form of political organization which was established in 1787 to meet the needs of the development of capi

6、talism in the United States Constitution. Dividing the state power into three parts as legislative, executive and judicial powers is the main content of Checks and Balances. And each part of power is respectively exercised by Congress, the president and the court. These three powers are independent,

7、 mutually restraining and balancing on each other. The Checks and Balances is a synthesis of both the division and contain mechanism of the United States Constitution. 200 years of American history has proved that Checks and Balances is the basis of American policy. It has maintained the U.S social

8、stability and promoted social development.Key words: America Checks and Balances Basis What Is the Checks and Balances.The history of the development of Checks and Balances.The thinking of separation of powers has a long history in the west. In ancient Greece, Aristotle put forward the concept of a

9、mixed system of government. He believed the country should have the rules of procedure, administrative power and judicial power. Aristotles goal is to balance the interests of all sectors in society and but not like the separation of powers of the various departments of the state, and it did not hav

10、e the modern sense of the Checks and Balances. But his idea laid the ideological foundation for the generation of the modern thinking of Checks and Balances.It was Locke who was the British bourgeois thinker firstly put forward the decentralized ideology as the organizing principle of the states pol

11、itical system. The King enjoyed all the rights in that feudal autocracy. In the 17th century, the English bourgeois revolution broke out. The king William had received and signed two bills: The Bill of Right and The Succession Ordinance, and then they established the British separation of powers was

12、 the principle of the constitutional monarchy. On this basis, Locke proposed a series of propositions, including the separation of legislative and executive power. Legislative power belonged to Congress, and king had the executive power. And the legislative power was higher than executive power. Loc

13、kes main purpose is to consolidate the results of the bourgeois revolution. Its of very progressive significance in that time.And till the time of the seventies and eighties of 18th century in America. Through the discussion from Thomas Jefferson，Alexander Hamilton and Thomas Paine, the decentraliza

14、tion as a whole part which was constantly improved and eventually established in the U.S Constitution. And it generated a clever and simple system which protected humans freedom. The great experiment of formal separation of powers obtained a great success in the United States, and then the Checks an

15、d Balances only to get the recognition of the world. 1.2. The definition of Checks and Balances.“Free government built on suspicion not on trust.”by Thomas Jefferson.1 The framers smartly set various obstacles so that the power can not be concentrated in the hands of any one person or one department

16、 to avoid abuse or rashness. The way to control is to enable each department to play a role in other sectors. The ability can delay or even prevent the actions of other departments then enable them to restrict each other and form the balance of power between.To guarantee separation of powers, the Fo

17、unders built in overlapping powers called Checks and Balances. Madison suggested that “the great security against a gradual concentration of the several powers in the same department consists in giving those who administer each department the necessary constitutional means and personal motives to re

18、sist encroachments by the others. Ambition must be made to counteract ambition.”2 To that end, each branch was given some authority over the others. If one branch abused its power, the other could use their checks to thwart it.With federalism, separation of powers, and checks and balances, the Found

19、ers expected conflict. They invited the parts of government to struggle against each other in order to limit each others ability to dominate all. At the same time, the Founders hoped for” balanced government.” The national and state governments would represent different interests. The House would re

20、present the “common” people and the large states; the Senate, the wealthy people and the small states; the president, all the people; and the Supreme Court, the Constitution. The parts of government would have to compromise to get anything accomplished. Although each part would struggle for more pow

21、er, it could not accumulate enough to dominate the others. Eventually, its leaders would have to compromise and adopt policies in the interest of all of the parts and their constituencies. Paradoxically, then, the Founders expected narrow conflict to produce broader harmony.What Guaranteed the Unite

22、d States to Select the Checks and Balances.2.1 The profound lessons during the federal distribution of power.In the War of Independence, the 13 states in North America formed a loose combination on the basis of the Federal Treaty in 1777. And this is the federal period before the United States estab

23、lishment. The composition of federal states separated the powers with the thinking of separation of powers from Montesquieu. But on based on the fear of administrative tyranny of British colonial rule, each state empowered the main power of government on the legislature, and made the legislative pow

24、er, administrative power and judicial power were extremely lopsided. It did mutual restraint, but resulting the abuse of rights in the legislature without scruple. Then people realized the concentration of power on the legislature remained abuse of right and can not eliminate the authoritarian. Righ

25、ts division in the federal period can be regarded as an attempt of the United States to establish Checks and Balances.The Complex Social Background after the War of Independence.After the War of Independence, where and how the form of 13 states which joined in the federal criminal time would go? Thi

26、s is the first problem that the founding fathers of the United States should solve. At that society, ethnic conflicts had been resolved. The internal contradiction of the U.S highlighted. It showed on the fierce struggle between different classes and different interest groups, especially on the issu

27、e of establishing what kind of government. Finally the bourgeoisie that had abundant strength gain the victory. The federal government existed only in name on the brink of the collapse of states which maintained the states starting from the interests of ruling clique. The 13 states combated each oth

28、er and struggled with the Commonwealth Heads in union. Congress had become a dead eroded agency. Look at the situation from abroad, the British-led foreign powers were assaulting on the independence of the United States. Under this complex form of society, on one hand each state tried to safeguard t

29、he interests of the ruling clique so that the original federal government lived only in name; on the other hand, the states also realized its necessary to form a unified state power to maintain the survival of emerging sovereign state.The U.S. constitutional founding members began further systematiz

30、ing and Americanizing the theory of Montesquieu, and established the principle of Checks and Balances. The United States must establish a unified strong state power but can not a highly totalitarian government. This situation reflected not only the constraints of federalismthe restraint from local a

31、uthority to the central authority, but also reflected in the authority which set the separation of powers. That is judicial, legislative and executive power, containing each other, which made the various group have felt the constraint to others and the protection of their interests. Based on the nee

32、d at that time, the 13 states urgently need to be in the form of an appropriate combination to solve internal and external problem. Checks and Balances was the best choice for the framers.The U.S. Politicians Thinking on the Checks and Balances. The thinkers and politicians in the time of establishment of the American War of Independence and the federal period, Thomas Jefferson and Alexander Hamilton and other people began the blueprint for the Checks and Balances of the United States in the future. Jefferson inherited the thinking of separation of powers of Montesquieu. He advocated th