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1、Separation of Powers In America英 法 1201班董 伊 菲 Origin of TheoryJohn Locke was an English philosopher and physician regarded as one of the most influential of Enlightenment thinkers and known as the Father of Classical Liberalism. The publication of THE SECOND TREATISE OF GOVERNMENT implied the elemen
2、tary fomation of the seperation of power. Development of Theory The term tripartite system The term tripartite system is ascribed to French Enlightenment political philosopher Baron de Montesquieu. Montesquieus approach was to present and defend a form of government which was not excessively central
3、ized in all its powers to a single monarch or similar ruler. In The Spirit of the Laws (1748), Montesquieu described the separation of political power among a legislature, an executive, and a judiciary. Development in AmericaIn the United States Constitution, Article 1 Section I gives Congress only
4、those legislative powers herein granted and proceeds to list those permissible actions in Article I Section 8, while Section 9 lists actions that are prohibited for Congress. The vesting clause in Article II places no limits on the Executive branch, simply stating that, The Executive Power shall be
5、vested in a President of the United States of America. The Supreme Court holds The judicial Power according to Article III, and it established the implication of Judicial review in Marbury v. Madison under the Marshall court. Modern systemLegistive Branch(The Congress) Executive Branch(The President
6、) Judicial Branch (The Court)Congress approves presidencial norminations and concrols the budger.The president can veto congressional legislation.The court can declare laws unconstitutional. The president nominate judges. The court can declare presidential acts unconstitutionalThe congress can remov
7、e judges from office. SEPARATION Legistive Branchs powers(The Congress)Passes bills; has broad taxing and spending power; regulates inter-state commerce; controls the federal budget; has power to borrow money on the credit of the United States (may be vetoed by President, but vetoes may be overridde
8、n with a two-thirds vote of both houses) Has sole power to declare war, as well as to raise, support, and regulate the military.Oversees, investigates, and makes the rules for the government and its officers. Executive Branchs powers(The President) Is the commander-in-chief of the armed forcesExecut
9、es the instructions of Congress.May veto bills passed by Congress (but the veto may be overridden by a two-thirds majority of both houses)Executes the spending authorized by Congress.Declares states of emergency and publishes regulations and executive orders. Judicial Branchs powers(The Court)Determ
10、ines which laws Congress intended to apply to any given caseExercises judicial review, reviewing the constitutionality of lawsDetermines how Congress meant the law to apply to disputesDetermines how a law acts to determine the disposition of prisoners How to separate The Congress proposed the billTh
11、e President sign the billSomebody dispute the unconstitution of the billSupreme federal court step inJudge if the bill is unconstitutional Declare the final result The independence of the judiciary has to be real, and not apparent merely. The judiciary was generally seen as the most important of powers, independent and unchecked.
Separation of Powers美国三权分立,权利制衡
