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American Constitution, federalism and compulsory federalism

2021-08-31 来源: 51Due教员组 类别: Essay范文

联邦制是美国宪法的基本原则之一。从根本上讲,联邦制是对联邦政府体系的信仰,体现了州与联邦政府之间的关系。在联邦制的基础上,这个国家建立了复杂的法律体系。


Federalism is one of the basic principles of the American Constitution. Basically, federalism is about faith in the federal government system, which shows the relationship between the state and the federal government. Based on federalism, the complexity of the country's legal system was established.

 

Through the struggle with the British colonists, one of the most important beliefs or spirits of the American people is to promote freedom and liberalism. The judges also reflected and practiced this belief from a new angle. As early as the 18th and 19th centuries, politicians and legislators were not used to this freedom, which led to a legal revolution based on liberalism. After independence, the country urgently needed a constitution. The constitution should learn from the historical mistakes of the weak federal government, which has no power to promote effective military and political policies. On the other hand, people's freedom should also be protected from abuse of power by the federal government.

 

Based on these considerations, the constitution was formulated, and federalism runs through many articles. There are three basic principles of federalism in the US Constitution《 Section 8, Article 1, of the Constitution provides that the Federal Parliament has legislative power in military, international affairs, finance and interstate commerce. Article 3 further proves the supremacy of the Constitution and its laws. Even if there is a conflict between federal law and state law, state judges should abide by federal law, because federal law has jurisdiction over state law. Finally, amendment 10 determined that "the Constitution does not grant the powers of the United States, nor does it prohibit the powers granted to the States, which are reserved to the states or the people, respectively." These Provisions clearly stipulate the power of the federal government. Nationwide, the power of the federal government is higher than that of the state government, but does not interfere with the state government's own administrative rights.

 

Forced federalism is a form of strong federal control over the States. It usually includes issuing orders to the state government for implementation. Compulsory federalism is the maximization of the power of the federal government to achieve the unification of state standards, but it still operates within the boundaries stipulated in the U.S. Constitution. It is most commonly used in environmental protection and public education.


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