英文介绍美国的三权分立制度

The separation of power and the system of checks-and-balances in USA It is known to us that the political system vary from country to country depending on its different national condition, such as the constitutional monarchy of UK and the People's Congress system of China, the separation of power of US. During this discussion, we will talk about the how the American government works under the idea of separation of power which is associated with the checks and balances system. According to the U.S. Constitution declared that the government was divided into three different branches including a legislative, an executive and a judiciary, in accordance with the idea of separation of power. This idea was created because that Americans did not want these powers to be controlled by just one man or one group. They were afraid that if a small group received too much power, the United States would wind up under the rule of another dictator or tyrant. Separation of powers is a political doctrine originating in the writings of Montesquieu in "The Spirit of the Laws" where he urged for a constitutional government with three separate branches of government. Each of the three branches would have defined powers to check the powers of the other branches. This idea was called separation of powers. This philosophy heavily influenced the writing of the United States Constitution. The legislative, executive, and judicial branches of the United States government are kept distinct in order to prevent abuse of power. The United State’s form of separation of powers is associated with a system of checks and balances. How does the United States do when putting the idea of separation of power into practice? Which department is responsible for the legislative, executive, and judicial work respectively? In fact, in USA, the legislative is headed by Congress; the executive branch headed by the President and judicial branches headed by the Supreme Court. If we have to use very simple words to describe the work of these three branches, it can be summarized as follow: the Legislative Branch makes the law; the Executive Branch enforces and carries out the laws; The Judicial Branch interprets the laws. Each branch of the government have particular powers, it will be introduced followed. The President, who is responsible for the Executive Branch carries out federal laws and recommends new ones, directs national defense and foreign policy, and performs ceremonial duties. The main powers include: May veto laws dealing with international powers, cting as chief law enforcement officer, directing government, commanding the Armed Forces, Wages war at the direction of Congress (Congress makes the rules for the military) Makes decrees or declarations (for example, declaring a state of emergency) promulgates lawful regulations and executive orders Appoints judges and executive department heads Has power to grant pardons to convicted persons, except in cases of impeachment The Legislative Branch is headed by the Congress, which includes the House of Representatives and the Senate. The main task of these two bodies is to make the laws. Its main powers include: Writes and enacts laws Enacts taxes, authorizes borrowing, and sets the budget. Has sole power to declare war. May start investigations, especially against the executive branch. The Senate considers presidential appointments of judges and executive department heads. The Senate ratifies treaties. The House of Representatives may impeach, and the Senate may remove, executive and judicial officers. Sets up federal courts except the Supreme Court, and sets the number of justices on the Supreme Court. May override presidential vetoes. originating spending bills (House), impeach officials (Senate), and approve treaties (Senate). Headed by the Supreme Court, Judicial branch has the final right to interpret the law, that is to say, once the Supreme Court defines the law, the other different debates will be ineffective. The main powers of the Supreme Court include: interpreting the Constitution, reviewing laws decide cases involving states' rights. Determines which laws Congress intended to apply to any given case Determines whether a law is unconstitutional Determines how Congress meant the law to apply to disputes Determines how a law acts to determine the disposition of prisoners Determines how a law acts to compel testimony and the production of evidence Determines how laws should be interpreted to assure uniform policies in a top-down fashion via the appeals process, but gives discretion in individual cases to low-level judges. (The amount of discretion depends upon the standard of review, determined by the type of case in question.) Polices its own members Not only does each branch of the government have particular powers each branch has certain powers over the other branches. This is done to keep them balanced and to prevent one branch form ever gaining too much power, which practices the system of checks-and-balances. This can be shown in the some aspects: 1.Weather a law is passed or not decided by the Congress The House and Senate may pass a law that the President does not like. The President can veto the law but the Congress override the video requiring 2/3 vote of both houses. 2.The Supreme Court can decide weather the President or the Congress is unconstitutional. If The House and Senate pass a law, the President signs it, but the Supreme Court decides it is unconstitutional, they can strike down the law. 3.The appointment of the Judges for the Supreme Course is decided by both the President and the Congress The President nominates Judges for the Supreme Court; the US Senate must approve the Judge nominated before he can serve. 4.The Judges of Supreme Court can be removed by the Congress Supreme Court judges have life terms. But they can be impeached. 5.The Congress can veto the proposals of the President and the can reject it again, but it was decided by the Congress. As we can see there are many ways (there are many more than listed) that the Constitution balances power. The picture below shows us clearly how does the three branch of the American government restrict each other mutually, for each branch has certain powers over the other branches. There are some definite examples to show how the system of checks-and-balances operates: 1.After the Civil War President Andrew Johnson vetoed over 20 bills. 2.After the Civil War Congress overrode over 20 Presidential vetoes! 3.In1987 President Ronald Reagan appointed Judge Robert Bork to the Supreme Court, his nomination was defeated. 4.In 1935 and 1936 the Supreme Court declared the NIRA and then the AAA (two New Deal programs passed during the Roosevelt administration) unconstitutional. 5. 1918 Congress refused to ratify the Treaty of Versailles, a peace treaty ending World War I that President Wilson had worked very hard on. There are thousands of examples of checks and balances at work. Real life conflicts that test the system have occurred throughout history. These checks and balances are used on a regular basis. Actually, in theory, the political system of China is in some way similar to the system of checks-and-balances. The National People's Congress has legislative power, but are not administrative. The Judicial departments enforce law independently. And the government has only the administration without prejudice to the legislative and judicial. However, there are many differences in the specific institutional and practical implementation. In China, the party lead all and sometimes the People's Congress is also Party secretary. Therefore the system of checks-and-balances is not fully implemented in China, while in US, this system is really the guide when the government works, for each branch has certain powers over the other branches and the three branch of the American government restrict each other mutually. Conclusion. During this discussion, we learn it is the separation of power that is the main principles on which American federal government is based, the different powers of the three branches and use a lot of examples to explain how the three branches affect each other to show the system of checks-and-balances operating in USA. All in our groups believe that the idea of separation and the system of checks-and-balances do have contributed a lot to the development of America as main principle when the government operates.