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Separation of powers – The power of the state in the United States is divided into three parts: the legislative, executive, and judicial powers. These three parts of power remain independent of each other.
Theoretically, the three powers are completely equal and check and balance each other. Each power has the function of restricting the abuse of the other two powers. This is the well-known principle of separation of powers in modern democracies.
It is generally believed that its ideological roots come from the famous French thinker Montesquieu's work "On the Spirit of Law".
Federalism – The U.S. Constitution stipulates that the United States adopts a federal system of state. The Confederation** has only limited powers enumerated in the Constitution, while the rest of the rights not listed belong to the states or the people. (See Tenth Amendment to the U.S. Constitution).
Constitutional Supremacy – The U.S. Constitution and the laws passed by Congress take precedence over all other laws, administrative regulations, and regulations. Since the famous Marbury v. Madison case of 1803, the U.S. federal court system has had the power to review unconstitutionality. This means that courts at all levels of the federal government can review whether laws passed by the legislature are inconsistent with the Constitution, and can invalidate laws that violate the Constitution.
At the same time, the court may also review the constitutionality of decrees issued at all levels, including in the United States. However, this power of review by the court cannot be exercised on its own initiative and can only be exercised in a specific lawsuit. Therefore, this is also known as "passive censorship".
See U.S. Federal v. Nixon).
All people are equal – Under the Fourteenth Amendment to the U.S. Constitution, everyone has an equal right to the protection of the law. The states are also on an equal footing, and in principle no state can receive special treatment from the federation. According to the Constitution, the states are to respect and recognize each other's laws.
The states and federations were to remain republican in form.
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The constitution of the United States is based on the market economy, and the American economy has developed"Mix"laying the foundation for economic development. After the end of the American Revolution, the 13 colonies were established for the first time in the form of a loose **** in the form of the Confederate Congress under the Articles of Confederation. At.
Under this system, the Confederate Congress had no taxing power, and in the absence of a national executive and judicial body, Congress relied on the local governments of the states (often lacking coordination among them) to enforce the laws it assigned. At the same time, Congress has no jurisdiction over tariffs between states.
Constitutional Principles Speech.
The U.S. Constitution is the basic law of U.S. citizens, and it is the guiding principle for the functioning of the United States. U.S. citizens also follow it. The framers of the constitution worked hard to create flexible legal norms that would help the future of the country.
1. People's sovereignty - It means that the people are the masters of the country, which is not direct rule. For example, you can't do whatever you want, or create laws. But U.S. citizens have the right to choose their representatives to make the law.
2. Republican system - popular sovereignty is also a principle of republican system. Not Democrats, it's just that the United States is a republic. U.S. citizens exercise their rights by voting to elect political representatives.
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Only with good rules can there be good order, and only with good order can there be strong confidence and creativity. The U.S. Constitution and the set of operating mechanisms established on its basis should be the best when compared in the world at present. Thus he can give confidence to the people of this country.
Only with confidence can there be stable economic development.
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The constitution plays an important role in the life of the country.
1. The role of the Constitution in organizing and regulating state power. The primary function of the constitution is to organize and regulate state power;
1) Confirm the attribution of state power and the status of various political forces in society in the state.
2) It should establish the main forms and operational mechanisms for exercising state power in accordance with the historical and current conditions of the country.
2. The role of the Constitution in guaranteeing the fundamental rights of citizens. is the main function of the Constitution.
The fundamental rights and duties of citizens are clearly defined in our Constitution, and these guarantees are mainly achieved through ordinary laws.
3. The role of the Constitution in the practice of justice and the rule of law.
1) The Constitution guarantees that the legislative power of the State operates in accordance with the requirements of the Constitution;
2) The Constitution lays the foundation for the perfection of the legal system.
Fourth, the role of the constitution on the economy.
The role of the constitution in promoting social and economic development is mainly manifested in the fact that it confirms the existing economic system of the country and stipulates the direction for economic development.
5. The Constitution upholds the unity of the country.
The role of the constitution in safeguarding national unity is mainly manifested in the fact that it affirms that China is a unitary form of state structure, stipulates the principle of "one country, two systems", embodies national sovereignty to the outside world, and symbolizes national independence.
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The role of the constitution mainly includes the following aspects: first, to organize and regulate state power, to confirm the attribution of state power and the status of various political forces in society in the state, and to establish the main form and operational mechanism for the exercise of state power; The second is to protect the basic rights of citizens, clearly stipulating the basic rights and obligations of citizens, and ensuring them through ordinary laws; The third is to implement the rule of law and ensure that the state's legislative drafts operate in accordance with the requirements of the constitution and are based on the legal system.
Complete and lay the foundation; Fourth, it is necessary to promote economic development, confirm the existing economic system of the country, and set the general direction for economic development; Fifth, it is necessary to safeguard the unity of the country, confirm that China is a unitary form of state structure, and stipulate the principle of "one country, two systems", so as to embody national sovereignty and symbolize national independence1. In addition, the constitution also consolidates and maintains state power, standardizes the effective operation of state power, and lays the foundation for the unification and improvement of the legal system in Jianling
It plays the role of establishing and maintaining the national political system, reforming the national political system, protecting its own economic foundation, promoting economic development, promoting the building of socialist democracy in China, guaranteeing China's reform, opening up and socialist modernization, promoting the building of China's socialist legal system, and promoting the development of China's human rights cause and various social undertakings.
Two constitutional documents:
The similarity: both are legal documents that lay the foundation for the political systems of the two countries. >>>More
B Question Analysis: At the beginning of its independence, the United States faced a severe situation, and the Confederacy, as a loose alliance, caused the weakness of state power and the excessive power of the states, which seriously hindered the development of politics, economy, culture and diplomacy. Therefore, it is necessary to strengthen the power of the bourgeoisie and maintain the rule of the bourgeoisie. >>>More
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The role and significance of the Constitution are: first, to ensure the orderly operation of state power, to regulate and restrain state power, second, to confirm and protect the basic rights of citizens, and third, to adjust the most important social relations of the state, and to maintain social stability and long-term peace and stability of the country. >>>More