书城外语法律专业英语教程
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第8章 Constitutional Law 宪法(2)

The Constitution, together with laws properly passed according to its provisions, and treaties entered into by the President and approved by the Senate, stands above all other laws, executive acts and regulations.

All men are equal before the law and are equally entitled to its protection. All states are equal, and none can receive special treatment from the federal government.

Within the limits of the Constitution, each state must recognize and respect the laws of the others.

State governments, like the federal government, must be republican in form, with final authority resting in the people.

The people have the right to change their form of government by legal means defined in the Constitution itself.

Provisions for amendment

The authors of the Constitution were keenly aware that changes would be needed from time to time if the Constitution were to endure and keep pace with the growth of the nation. They were also conscious that the process of change should not be facile, permitting ill-conceived and hastily passed amendments. By the same token, they wanted to assure that a minority could not block action desired by most of the people.

Their solution was to devise a dual process by which the Constitution could be changed. The Congress,by a two thirds vote in each house,may initiate an amendment. Or the legislatures of two thirds of the states may ask Congress to call a national convention to discuss and draft amendments. In either case, amendments must have the approval of three-fourths of the states before they enter into force.

Aside from the direct process of changing the Constitution itself, the effect of its provisions may be changed by judicial interpretation. Early in the history of the republic, in the landmark case of Marbury vs. Madison, the Supreme Court established the doctrine of judicial review, which is the power of the Court to interpret acts of Congress and decide their constitutionality. The doctrine also embraces the power of the Court to explain the meaning of various sections of the Constitution as they apply to changing legal, political, economic and social conditions. Over the years, a series of Court decisions, on issues ranging from governmental regulation of radio and television to the rights of the accused in criminal cases, have had the effect of altering the thrust of constitutional law, with no substantive change in the Constitution itself.

Congressional legislation, passed to implement provisions of the basic law, or to adapt it to changing conditions, also broadens and, in subtle ways, changes the meaning of the Constitution. Up to a point, the rules and regulations of the myriad agencies of the federal government may have a similar effect. The acid test in both cases is whether, in the opinion of the courts, such legislation and rules are in conformity with the intent and purposes of the Constitution itself.

framework / freimw k/n. 结构,构架;框架,骨架

bicameral /bai k m r l/adj.两院制的;有两个议院的

designated / dezig neitid/adj.特指的;指定的

confirm /k n f m/vt.确认;证实;使巩固

doctrine / d ktrin/n.教义;学说;主义;信条

conform /k n f m/vi.符合;遵照;使一致

conformity /k n f miti /n.一致,适合;符合

scrutiny / skru tini/n.监视;详细审查;选票复查

malfeasance /m l fi z ns/n.渎职,违法行为

conviction /k n vikn/n.定罪;确信; [法]证明有罪

convict /k n vikt/vt.证明有罪;宣告有罪

treason / tri z n/n.叛国罪;不忠

misdemeanor / misdi mi n /n.轻罪

resign /ri zain/n.辞职

facile / f sail /adj.易做到的,容易的

dual / dju l/adj.双的;双重的

constitutionality / k nsti tjun liti/n.合宪性;立宪

myriad / miri d/adj.无数的;种种的

federalgovernm ent联邦政府

executi ve branch行政部门

judi ci albranch司法部门

state consti tuti ons州宪法

doctri ne of consti tuti onalsuprem acy宪法至上原则

fundam entall aw基本法

bal l ot box投票箱

Secretary of W ar国防部长

be enti tl ed to有权,有??资格

by the sam e token同样地;出于同样原因

judi ci ali nterpretati on司法解释

judi ci alrevi ew司法审查

1.nited States Congress (美国国会): The United States Congress is the bicameral egislature of the federal government of the United States of America, consisting of the enate and the House of Representatives. Both senators and representatives are chosen hrough direct election. The Congress meets in the U.S. Capitol in Washington, D.C.

2. Constitutional Convention (制宪会议): The Constitutional Convention took place from ay 25 to September 17, 1787 in Philadelphia, Pennsylvania, to address problems in overning the United States of America, which had been operating under the Articles of onfederation following independence from Great Britain. Although the Convention was urportedly intended only to revise the Articles of Confederation, the intention of many of its proponents, chief among themJames Madison and Alexander Hamilton, was from the outset to create a new government rather than“fix”the existing one. The delegates elected George Washington to preside over the convention. The result of the Convention was the United States Constitution.

3. Bill of Rights (《权利法案》): The Bill of Rights is the name by which the first ten mendments to the United States Constitution are known. They were introduced by James Madison to the First United States Congress in 1789 as a series of articles, and came into effect on December 15, 1791, when they had been ratified by three-fourths of the states. Thomas Jefferson was a proponent of the Bill of Rights.

4. impeachment (弹劾): Impeachment is a formal process in which an elected official is ccused of unlawful activity, and which may or may not lead to the removal of that fficial from office. Impeachment does not necessarily result in removal from office; it is only a legal statement of charges, parallel to an indictment (控告) in criminal law.