正在加载图片...
62 PART ONE THE CONSTITUTIONAL FRAMEWORK CHAPTER 3*LIMITED GOVERNMENT:PRESERVING LIBERTY 63 THE RULE OF LAW Suggested Readings Of America's contributions to the practice of government,James Bryce ranked its written constitution first,noting that the United States in 1787 gave the world Becker,Carl L.The Declaraton of Independence.New York: Locke,John.The Tio Tremlises of Government.New York: a model of government in which the word of authorities was subordinate to the Knopf,1966.An analysis of the Decaration of Indepen- Hafner,1947.Published originally in 1690,Locke's words of a written document.Bryce did not claim that the Constitution was dence and the events that inspired it. work is a broad statement of the fundamental principles perfect or free of bias;no human work is.But Bryce noted that a proper Bums,James MacGregor.The Vineyard of Lberty.New of limited goverment York:Knopf,1982.A well-written historical study of Schwartz,Bemard.The Great Rightso可Markind:A Hi如yo时 constitution,backed by a people's determination to live within it,can contribute the political,social,and theoretical influences on Amer- the American Bill of Rights.New York:Oxford University mightily to rule by law.What else but the U.S.Constitution and the American Press,1977.A historical overview of the Bill of Rights tradition of limited government gave Congress the moral authority to pursue, Pisher,Louis.The Constitution bettoeen Friends.New York: and its importance to limited government in the United without threat of military coup or popular insurrection,the possibility of St.Martin's Press,1978.An analysis of the constitu- States. impeaching President Nixon?The Watergate scandal was a remarkable chapter tional relationship of the executive and legislative Wood,Gordon S.The Crention of the American Republic in American history and proof enough that not even the most powerful officer in branches both in the Founders'conception and in Chapel Hill:University of North Carolina Press,1969. the U.S.political system stands higher than the Constitution. subsequent developments. An examination of American political thought before the Philadelphia convention. Summary The Constitution was designed to provide for a limited the powers and limits of government were to be judged in government in which political power would be confined totproper wa basicvalue of America's Supreme Court assumed the authority to review the political tradition and a reason for its revolt against British constitutionality of legislative and executive actions and rule.The Framers wanted to ensure that the govemm ent to declare them unconstitutional and thus invalid. they were creating would not itself be a threat to freedom. The history of the United States,though blemished by To this end,they confined the natlonal government to expressly granted powers.The federal government also was forbidden certain acts (such as er post fcto laws)that ized other govemments.Limits on government in the could be used to intimidate political opponents.Other United States have apparently been made posslble pr to the marily by the nation's abundant wealth,diversity of interests,and geographical situation,which together have liberties-the Bill of Rights.The mast significant constitu- tional provision for limited gover ment,howev political power.But the Constitution has also contributed separation of powers among the three branches.The to limited govemment,particularly through its provisions powers given to each branch enable it to act as a check on for the separation of powers and its stated guarantees of the exerdise af power by the others individual rights. The Constitution,however,made no mention of how Major Concepts checks and balances judicial review denials of power Limited govrrnment grants of power (natural)rights separated institutions sharing power James Bryce,The Americen 2 vols 2d ed.(New York:Macmillan,1891)
<<向上翻页
©2008-现在 cucdc.com 高等教育资讯网 版权所有