美国宪法与系统Chapter 13 Constitution and the State System

1、sylChapter 13 U.S. Constitution and the State System lI. American Revolutionary Constitution lII. The U.S. Constitution lIII. The State SystemlAssignmentsylI. American Revolutionary ConstitutionlPrior to independence - Charters from the British Crown; instructions given by the Crown to royal governo

2、rslAfter independence - state constitutions-democraticlThe most democratic - Pennsylvania constitution of 1776lThe source of political power- the peoplellegislatures - powerfull democratization of American governmentsylJoin or Diel sylConstitutional Conventionl sylRoger WilliamslAn English religious

3、 nonconformist, founded the American colony of Rhode Island in the 1630s under the principles of religious freedom and the separation of church and state. Williamss example contributed to the adoption of a system of religious tolerance by the framers制定者of the Constitution of the United States.l sylJ

4、ohn LockelIn the 17th century English philosopher John Locke developed theories of empiricism that emphasized the role of human experience in the pursuit of knowledge and truth. Many of Lockes political theories influenced the authors of the Constitution of the United States.sylJames Madison the fou

5、rth U.S. president. Because of his central role in the Constitutional Convention, he became known as the “Father of the Constitution.” As a congressman from Virginia, he sponsored the first ten Amendments known as the Bill of Rights. Madison, a strong supporter of human rights, was by nature a media

6、tor. sylU.S. Constitutionl sylII. The U.S. Constitutionl1. The Preamble l2. Seven articlesl3. Twenty- Seven amendmentslThe first ten of them - the Bill of RightssylThe Preamble lWe the People of the United States, in order to form a more perfect Union, establish Justice, insure domestic Tranquility,

7、 provide for the common defence, promote the general welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.syl2. Seven ArticlesArticle I. Legislative Department Article II. Executive Department Article

8、III. Judicial Department Article IV. States Relations Article V. Mode of Amendment Article VI. Prior Debts, National Supremacy, Oaths of Office Article VII. Ratification sylThe First 10 Amendments to theConstitution as Ratified by the StatesDecember 15, 1791Preamblel/lCongr

9、ess OF THE United Statesbegun and held at the City of New York, on Wednesdaythe Fourth of March, one thousand seven hundred and eighty nine.lTHE Conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abu

10、se of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best insure the beneficent ends of its institutionl l syl 3. First Ten AmendmentsFirst Through Tenth Amendments: Bill of Rights lFirst Amendmen

11、t-Religion and Expression lSecond Amendment-Bearing Arms lThird Amendment-Quartering Soldiers lFourth Amendment-Search and Seizure（查封）lFifth Amendment-Rights of Persons lSixth Amendment-Rights of Accused in Criminal Prosecutions lSeventh Amendment-Civil Trials lEighth Amendment-Further Guarantees in

12、 Criminal Cases lNinth Amendment-Unenumerated Rights (为列明的权利）lTenth Amendment-Reserved Powers sylThe Bill of RightslBecause the Constitution of the United States granted the federal government so much power, as compared with the earlier Articles of Confederation, several states demanded a list of am

13、endments to guarantee individual rights against intrusion by the federal government. The first ten amendments, known as the Bill of Rights, embody libertarian ideas in the United States. sylOther Amendments to the ConstitutionlEleventh Amendment-Suits Against States lTwelfth Amendment-Election of Pr

14、esident lThirteenth Amendment-Slavery and Involuntary Servitude lFourteenth Amendment-Rights Guaranteed: Privileges and Immunities（豁免）of Citizenship, Due Process, and Equal Protection lFifteenth Amendment-Rights of Citizens to Vote lSixteenth Amendment-Income Tax lSeventeenth Amendment-Popular Elect

15、ion of Senators lEighteenth Amendment-Prohibition of Intoxicating Liquors lNineteenth Amendment-Womens Suffrage Rights syllTwentieth Amendment-Terms of President, Vice President, Members of Congress: Presidential Vacancy lTwenty-First Amendment-Repeal of Eighteenth Amendment lTwenty-Second Amendment

16、-Presidential Tenure（任期） lTwenty-Third Amendment-Presidential Electors for the District of Columbia lTwenty-Fourth Amendment-Abolition of the Poll Tax Qualification in Federal Elections lTwenty-Fifth Amendment-Presidential Vacancy, Disability, and Inability lTwenty-Sixth Amendment-Reduction of Votin

17、g Age Qualification lTwenty-Seventh Amendment-Congressional Pay Limitation sylAbortion Rights Protestl Abortion rights advocates demonstrate on the steps of the Capitol in 1989. The Constitution of the United States provides the national framework for deciding controversial issues such as abortion,

18、school prayer, and gun controlsylFlag BurninglOn June 11, 1990, the Supreme Court struck down the constitutionality.立宪立宪, 法法治治 of the 1989 Flag Protection Act, which outlawed flag burning. The Court maintained that flag burning is a form of political speech and therefore is protected by the First Am

19、endment to the United States Constitution. That same year, President George Bush proposed a new, and much criticized, constitutional amendment outlawing flag burningsylMiranda Warnings米兰达警告语，米兰达规则米兰达规则 lIn the 1966 case Miranda v. Arizona, the Supreme Court of the United States ruled that police off

20、icers who arrest or detain suspects must advise them of certain legal rights. The so-called Miranda warnings heard here are recited by an actor.syllYou have the right to remain silent and refuse to answer questions. Do you understand?Anything you do say may be used against you in a court of law. Do

21、you understand?You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?If y

22、ou decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney

23、 present?sylIII. The State Systeml1. The Federal System: l2. Separation of powerssyl1. The Federal SystemlThe United States is a union of 50 states. There is a division of political power between two levels of government state and national. The constitution says that all powers not granted to the ce

24、ntral or federal government are to be kept by the individual state government.syl1. The Federal System: lA. Delegated powerslB. Residual powerslC. Concurrent powerslD. The shift of power from the state to the central governmentsylA. Delegated PowerslThe central government is allowed to deal with pro

25、blems that are national, such as general taxation, foreign affairs, foreign and interstate trade, the armed forces, postal service, coinage, weight and measures, etc. These are the delegated powers. sylB. Residual PowerslThe state government is left free to handle matters that are of local concern,

26、such as raising taxes for state uses, regulating industry and commerce within a state, maintaining law and order, directing education, relief, transportation and communication, supervising local governments, etc. These powers are called residual powers.sylC. Concurrent PowerslThe powers that are exe

27、rcised by both state and national governments are called concurrent powers.sylD.The Shift of Power from the State to the Central GovernmentlAfter the civil War and especially during the 20th century there has been a steady rise in the influence and authority of the federal government. In order to pu

28、sh the policies at home and abroad, the ruling class has gradually strengthened the position of the federal government and assumed direct control.syl lResult of the political ideologies and conspiracies, lCaused by the inexorable pressure of economic crisis or depressions, lNew means of communicatio

29、n, lUrbanization,lIndustrialization,lTechnology and all other factors syl2. Separation of PowerslMontesquieu(1689-1755):an important (1689-1755):an important French thinker French thinker lThe Executive- the President lThe Legislative - CongresslThe Judiciary- the Supreme Court lThis is a system of check and balance based on the theory of separation of power.sylsylSystem of Check and