美国三权分立的内容与特点，谁能用英语说一下，要具体点的，谢谢．或者有跟这个相关的英文网站有吗？能不能告诉我，谢谢．
第1个回答 2007-05-02
Separation of Powers
Background
* Ultimate sovereignty (power) in the United States resides with the people. In an attempt to govern themselves better, the people adopted the U.S. Constitution.
* Those persons present for the writing of the Constitution at the Constitutional Convention of 1787, known as the Framers, feared the concentration of too much power in any one person or governmental agency. In an attempt to prevent such an accumulation of power, the Framers wrote a Constitution with a system of checks and balances.
* Under a system of checks and balances, power is divided among different branches of government. This system is based upon the idea that each branch will be protective of its own power and, thus, prevent, intrusions upon it from other branches–thereby preventing any one branch of government from becoming too powerful.
* The U.S. Constitution established three separate but equal branches of government, the legislative branch (which makes the law), the executive branch (which enforces the law), and the judicial branch (which interprets the law).
The Legislative Branch
* Article I of the Constitution established the legislative branch. It is made up of the House of Representatives and the Senate. The number of seats in the House of Representatives that a state has is based upon its population. Each state has two seats in the Senate.
* The Constitution determines the qualifications of members of Congress, e.g., members of the House must be at least 25 years old and members of the Senate at least 30.
* A check that Congress has on the president is that the Congress must vote on whether or not it will fund the president's initiatives. A check that Congress has on the judiciary is that it can change the jurisdiction (the courts' ability to hear certain types of cases) of the federal courts.
The Executive Branch
* Article II of the Constitution established the executive branch. It is made up of the president, the vice-president, the cabinet, and other departments, agencies, and institutions that assist the President. The executive branch carries out a variety of functions from proposing legislation, to regulating the military, to extending diplomatic relations to different countries.
* The Constitution determines the qualifications of the president and vice-president, e.g., both must be natural-born citizens and be at least 35 years of age. Federal law and regulations usually determine the qualifications of other members of the executive branch.
* A check that the Presidents have on Congress is that they may veto Congressional bills.
The Judicial Branch
* Article III of the Constitution establishes the judicial branch. It includes the Supreme Court, the 13 U.S. Courts of Appeals, and the 94 U.S. District Courts (trial courts).
* The only qualifications that the Constitution establishes for federal judges (members of the judicial branch) is that they are nominated by the President and confirmed by the Senate. They hold office during good behavior, typically for life.
* The judiciary has a check on both the legislative and executive branches in that it can declare laws and presidential orders unconstitutional.
本回答被提问者采纳
Background
* Ultimate sovereignty (power) in the United States resides with the people. In an attempt to govern themselves better, the people adopted the U.S. Constitution.
* Those persons present for the writing of the Constitution at the Constitutional Convention of 1787, known as the Framers, feared the concentration of too much power in any one person or governmental agency. In an attempt to prevent such an accumulation of power, the Framers wrote a Constitution with a system of checks and balances.
* Under a system of checks and balances, power is divided among different branches of government. This system is based upon the idea that each branch will be protective of its own power and, thus, prevent, intrusions upon it from other branches–thereby preventing any one branch of government from becoming too powerful.
* The U.S. Constitution established three separate but equal branches of government, the legislative branch (which makes the law), the executive branch (which enforces the law), and the judicial branch (which interprets the law).
The Legislative Branch
* Article I of the Constitution established the legislative branch. It is made up of the House of Representatives and the Senate. The number of seats in the House of Representatives that a state has is based upon its population. Each state has two seats in the Senate.
* The Constitution determines the qualifications of members of Congress, e.g., members of the House must be at least 25 years old and members of the Senate at least 30.
* A check that Congress has on the president is that the Congress must vote on whether or not it will fund the president's initiatives. A check that Congress has on the judiciary is that it can change the jurisdiction (the courts' ability to hear certain types of cases) of the federal courts.
The Executive Branch
* Article II of the Constitution established the executive branch. It is made up of the president, the vice-president, the cabinet, and other departments, agencies, and institutions that assist the President. The executive branch carries out a variety of functions from proposing legislation, to regulating the military, to extending diplomatic relations to different countries.
* The Constitution determines the qualifications of the president and vice-president, e.g., both must be natural-born citizens and be at least 35 years of age. Federal law and regulations usually determine the qualifications of other members of the executive branch.
* A check that the Presidents have on Congress is that they may veto Congressional bills.
The Judicial Branch
* Article III of the Constitution establishes the judicial branch. It includes the Supreme Court, the 13 U.S. Courts of Appeals, and the 94 U.S. District Courts (trial courts).
* The only qualifications that the Constitution establishes for federal judges (members of the judicial branch) is that they are nominated by the President and confirmed by the Senate. They hold office during good behavior, typically for life.
* The judiciary has a check on both the legislative and executive branches in that it can declare laws and presidential orders unconstitutional.
本回答被提问者采纳
第2个回答 2007-05-02
Separation of powers is a political doctrine under which the legislative, executive and judicial branches of government are kept distinct, to prevent abuse of power. This US form of separation of powers is widely known as "checks and balances."
The principle of separation of powers traces its origins at least as far back as Aristotle's time. During the Age of Enlightenment, several philosophers, such as John Locke and James Harrington, advocated the principle in their writings, whereas others such as Thomas Hobbes strongly opposed it. Montesquieu was one of the foremost supporters of separating the legislature, the executive and the judiciary. His writings considerably influenced the opinions of the framers of the United States Constitution. Some charge, however, that the Framers misinterpreted Montesquieu. According to Isaac Rice (a nineteenth century political scientist), Montesquieu opposed concentrating power in a single person, rather than a single source. It was Montesquieu himself who developed the idea of establishing a form of separation of power in government. The United States borrowed some of the philosophies of Montesquieu to create the system of checks and balances that is present in the United States government today. Rice therefore suggested that a parliamentary system—which would not comply with the strict doctrine of separation of powers—would nevertheless be consistent with Montesquieu's philosophy.
Strict separation of powers did not operate in Britain, a country whose political structure served in most instances as a model for the government created by the US Constitution. In the UK, the King-in-Parliament (the King acting with the consent of the House of Lords and House of Commons) was the supreme lawmaking authority. The executive branch acted in the name of the King - it was known as "His Majesty's Government" - as did the judiciary. The King's Ministers were in most cases members of one of the two Houses of Parliament, and the Government needed to sustain a majority in the House of Commons. One minister, the Lord Chancellor, was at the same time the sole judge in the Court of Chancery and the presiding officer in the House of Lords. Thus, one may conclude that the three branches of British government often violated the strict principle of separation of powers, even though there were many occasions when the different branches of the government disagreed with each other.
Some US states did not observe a strict separation of powers in the 18th century. In New Jersey, the Governor also functioned as a member of the state's highest court and as the presiding officer of one house of the Legislature. The President of Delaware was a member of the Court of Appeals; the presiding officers of the two houses of the state legislature also served in the executive department as Vice Presidents. In both Delaware and Pennsylvania, members of the executive council served at the same time as judges. On the other hand, many southern states explicitly required separation of powers. Maryland, Virginia, North Carolina and Georgia all kept the branches of government "separate and distinct."
The principle of separation of powers traces its origins at least as far back as Aristotle's time. During the Age of Enlightenment, several philosophers, such as John Locke and James Harrington, advocated the principle in their writings, whereas others such as Thomas Hobbes strongly opposed it. Montesquieu was one of the foremost supporters of separating the legislature, the executive and the judiciary. His writings considerably influenced the opinions of the framers of the United States Constitution. Some charge, however, that the Framers misinterpreted Montesquieu. According to Isaac Rice (a nineteenth century political scientist), Montesquieu opposed concentrating power in a single person, rather than a single source. It was Montesquieu himself who developed the idea of establishing a form of separation of power in government. The United States borrowed some of the philosophies of Montesquieu to create the system of checks and balances that is present in the United States government today. Rice therefore suggested that a parliamentary system—which would not comply with the strict doctrine of separation of powers—would nevertheless be consistent with Montesquieu's philosophy.
Strict separation of powers did not operate in Britain, a country whose political structure served in most instances as a model for the government created by the US Constitution. In the UK, the King-in-Parliament (the King acting with the consent of the House of Lords and House of Commons) was the supreme lawmaking authority. The executive branch acted in the name of the King - it was known as "His Majesty's Government" - as did the judiciary. The King's Ministers were in most cases members of one of the two Houses of Parliament, and the Government needed to sustain a majority in the House of Commons. One minister, the Lord Chancellor, was at the same time the sole judge in the Court of Chancery and the presiding officer in the House of Lords. Thus, one may conclude that the three branches of British government often violated the strict principle of separation of powers, even though there were many occasions when the different branches of the government disagreed with each other.
Some US states did not observe a strict separation of powers in the 18th century. In New Jersey, the Governor also functioned as a member of the state's highest court and as the presiding officer of one house of the Legislature. The President of Delaware was a member of the Court of Appeals; the presiding officers of the two houses of the state legislature also served in the executive department as Vice Presidents. In both Delaware and Pennsylvania, members of the executive council served at the same time as judges. On the other hand, many southern states explicitly required separation of powers. Maryland, Virginia, North Carolina and Georgia all kept the branches of government "separate and distinct."
