Text C     The Essence of the Constitution 

1.    The government is to be run for the people and by the people. The purposes of the new government are “to form a perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty.”

Separation of Powers

2.     It is the doctrine and practice of dividing the powers of a government among different branches to guard against abuse of authority. A government of separated powers assigns different political and legal powers to the legislative, executive, and judicial branches. The legislative branch has the power to make laws -- for example, the declaration of what acts are to be regarded as criminal. The executive branch has the authority to administer the law -- primarily by bringing lawbreakers to trial -- and to appoint officials and oversee the administration of government responsibilities. The judicial branch has the power to try（审判） cases brought to court and to interpret the meaning of laws under which the trials are conducted. Most democratic systems have some degree of separation of powers, but the United States stands as the preeminent（出类拔萃的） example of the practice.

3.     In the United States, the separation of powers is a fundamental constitutional principle. The legislative power is vested（归属） in Congress, the executive power in the president, and the judicial power in the Supreme Court and other federal courts.

4.     An important aspect of the separation of powers is that the power of one branch should not be exercised by anyone who also holds a position in another branch. In other words, a lawmaker may not also administer the laws. Another important feature of the separation of powers in the United States is judicial review（司法审查）. The courts, not Congress or the president, say what the law means when a case is before them. In appropriate cases, the courts may even strike down（摧垮）a law enacted by Congress, or order the executive branch to halt enforcement of a law or government policy, if they determine that the law policy conflicts with the Constitution.

Checks and Balances

5.      It is the doctrine and practice of dispersing（分散） political power and creating mutual accountability（责任）among political entities such as the courts, the president or prime minister, the legislature, and the citizens. The diffusion（扩散） of power and the mutual accountability are designed to prevent any single group or individual from dominating the political system. Political systems with checks and balances sometimes have a separation of power -- that is, an allocation of different political and legal functions to separate and independent branches of the government.

Federalism

6.     It also referred to as federal government, a national or international political system in which two levels of government control the same territory and citizens. The word federal comes from the Latin term fidere, meaning “to trust.” Countries with federal political systems have both a central government and governments based in smaller political units, usually called states, provinces, or territories. These smaller political units surrender some of their political power to the central government, relying on it to act for the common good.

7.     In a federal system, laws are made both by state, provincial，or territorial governments and by a central government. In the United States, for example, people who live in the state of Ohio must obey the laws made by the Ohio legislature and the Congress of the United States.

The Bill of Rights

8.     It refers to the 10 amendments to restrict the central government and assure individual rights. During the debates on the adoption of the Constitution, its opponents repeatedly demanded a “bill of rights” that would spell out（ 详细说明）the immunities（豁免权） of individual citizens. Several state conventions in their formal ratification of the Constitution asked for such amendments.

Questions for Discussion or Reflection

1. What are the branches in the American government with separated powers? And what is the responsibility of each branch?

2. What do you know about the “Bill of Rights”? Why is it fit for America?

3. What does “Separation of Powers” refer to?

4. What do you think of the system of “checks and balances"?

5. What would America look like if it abolished “Separation of Powers"?

Proper Names

Alexander Hamilton  亚历山大·汉密尔顿    

Benjamin Franklin  本杰明·富兰克林       

Bill of Rights  《权利法案》              

Checks and Balances   政府机关彼此之间的相互制衡 

Federalism   联邦政治，联邦制度                  

George Washington  乔治·华盛顿

James Madison   詹姆斯·麦迪逊

Separation of Powers   三权分立

Articles of Confederation   《邦联条例》

the House of Representatives  下议院

the Senate  上议院

Notes

1. Alexander Hamilton (1755 or 1757--1804): He was the first U.S. Secretary of the Treasury, a founding Father, an economist, and a political philosopher. He was one of America’s first Constitutional lawyers, and co-writer of the Federalist Papers, a primary source for Constitutional interpretation.

2. James Madison (1751--1836): He was the fourth U.S. president. Because of his central role in the Constitutional Convention, he became known as the “Father of the Constitution.”

3. “In God We Trust": The national motto of the United States. The phrase is derived from the line “And this be our motto, ‘In God is our trust,’” in the battle song that later became the U.S. national anthem, “The Star- Spangled Banner.” The phrase first appeared on U.S. coins in 1864 and became obligatory on all U. S. currency in 1955. In 1956，it was made the national motto by an act of Congress.

4. "Bill of Rights": Because the Constitution of the United States granted the federal government so much power, several states demanded several amendments to guarantee individual rights against the power of the federal government. The first ten amendments are known as the “Bill of Rights", which includes the items like the freedom of speech and the right to bear arms, etc.