法律知識導(dǎo)讀(英文)第五單元Constitutionallaw精課件

1、 Unit 5 Constitutional law憲 法 憲法，是一個國家或地區(qū)的根本大法。美國憲法，是“國家的最高法律”，奠定了美國政治制度的法律基礎(chǔ)。1787年5月，美國各州代表在費城召開制憲會議，同年9月通過了美利堅合眾國憲法1789年，美國憲法正式生效，后又附加了27條憲法修正案美國憲法規(guī)定實行聯(lián)邦制，肯定了以立法行政司法三權(quán)分立，相互制衡為原則的資產(chǎn)階級民主共和政體兩百多年來，美國憲法的內(nèi)容除通過憲法修正案的方式加以改變外，更重要的是通過聯(lián)邦最高法院行使司法審查權(quán)，對聯(lián)邦憲法作出解釋，以及通過政黨總統(tǒng)和國會的活動所形成的憲法慣例來改變憲法的內(nèi)容，以適應(yīng)社會不斷變化的需要作為世界上第

2、一部成文憲法，美國憲法也為以后許多國家憲法的制定提供了成功的范本Lead-inStatus: the supreme law of the United States; the foundation and source of the legal authority; the framework for the organization of the United States government and for the relationship of the federal government to the states and citizens.United States Consti

3、tutionContents It defines the three main branches of government and specifies the powers and duties of each branch. They are a legislature, in the form of a bicameral Congress; an executive branch led by the President; and a judicial branch headed by the Supreme Court.History It was adopted on Septe

4、mber 17, 1787, by the Constitutional Convention in Philadelphia, Pennsylvania, and ratified by conventions in each U.S. state in the name of The People“; The Constitution has been amended twenty-seven times; The first ten amendments are known as the Bill of Rights. (Article , Section 4) The Presiden

5、t, Vice President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.The principles of government The three main branches of government are separate and distinct from one another. T

6、hey are delicately balanced and checked by the others. The Constitution stands above all other laws, executive acts and regulations. All men are equal before the law and are equally entitled to its protection.Provisions for amendmentdual process:1. The Congress, by a two thirds vote in each house, m

7、ay 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.)2. amendments must have the approval of three fourths of the states before they enter into force. The effect of its provisions may be changed by

8、judicial interpretation aside from the direct process of changing the Constitution itself. Congressional legislation also changes the meaning of the Constitution in subtle ways.judicial review: the power of the Court to interpret acts of Congress and decide their constitutionality as well as explain

9、 the meaning of various sections of the Constitution as they apply to changing legal, political, economic and social conditions.Federal government 聯(lián)邦政府Bicameral 兩院制的，有兩個議院的Executive branch 行政部門Judicial branch 司法部門State constitution 州憲法Doctrine of constitutional supremacy 憲法至上原則Fundamental law 基本法Wor

10、ds and ExpressionsScrutiny 詳細審查；選票復(fù)查Ballot box 投票箱Malfeasance 瀆職；違法行為Conviction 定罪，（法）證明有罪Convict 證明有罪；宣告有罪Treason 叛國罪Misdemeanor 輕罪Secretary of War 國防部長United States Congress (美國國會): It is the bicameral legislature of the federal government of the United States of America, consisting of the Senate

11、and the House of Representatives. Both senators and representatives are chosen through direct election. The Congress meets in the U.S. Capitol in Washington, D.C.NotesConstitutional Convention (制憲會議)：It took place from May 25 to September 17, 1787 in Philadelphia, Pennsylvania, to address problems i

12、n governing the United States of America, and eventually create a new law, the United States Constitution.Impeachment(彈劾): Impeachment is a formal process in which an elected official is accused of unlawful activity. Impeachment does not necessarily result in removal from office; it is only a legal

13、statement of charges, parallel to an indictment (控告) in criminal law.Impeachment(彈劾): Impeachment is a formal process in which an elected official is accused of unlawful activity. Impeachment does not necessarily result in removal from office; it is only a legal statement of charges, parallel to an

14、indictment (控告) in criminal law.Chief Justice of the United States (聯(lián)邦首席大法官): The Chief Justice of the United States is the head of the United States federal court system (the judicial branch of the federal government of the United States) and the chief judge of the Supreme Court of the United State

15、s. He is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States. -The Constitution consists of a preamble, seven original articles, twenty-seven amendments, and a paragraph certifying its enactment by the constitutional convention.Ana

16、lysis of the United States Constitution“ We the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do orda

17、in and establish this constitution for the United States of America. ” Preamble: Statement of purposeArticle One: Legislative powerArticle One describes the Congress, the legislative branch of the federal government. The United States Congress is a bicameral body consisting of two co-equal houses: t

18、he House of Representatives to represent the people, and the Senate to represent the States.The article establishes the manner of election and the qualifications of members of each body. Representatives must be at least 25 years old, be a citizen of the United States for seven years, and live in the

19、 state they represent. Senators must be at least 30 years old, be a citizen for nine years, and live in the state they represent. Section I: All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.“ Sectio

20、n VIII enumerates the legislative powers. Section IX provides a list of eight specific limits on congressional power. Section X limits the rights of the states.Article Two: Executive powerSection 1 creates the presidency. The section states that the executive power is vested in a President. The pres

21、idential term is four years and the Vice President serves the identical term. Section 2 grants substantive powers to the president:Section 3 opens by describing the presidents relations with Congress.Section 4 provides for removal of the president and other federal officers.Article Three: Judicial p

22、owerThe article requires that there be one court called the Supreme Court; Congress, at its discretion, can create lower courts, whose judgments and orders are reviewable by the Supreme Court.Article Four: States powers and limitsArticle Four describes the relationship between the states and the fed

23、eral government and amongst the states.Article Five: Amendments1.The new amendment may be approved by two-thirds of both houses of Congress, then sent to the states for approval. 2.Two-thirds of the state legislatures may apply to Congress for a constitutional convention to consider amendments, whic

24、h are then sent to the states for approval. 3. Congress may require ratification by special convention. Article Six: Federal powerAccording to this article, the states constitutions and laws should not conflict with the laws of the federal constitution and that in case of a conflict, state judges ar

25、e legally bound to honor the federal laws and constitution over those of any state.Article Seven: RatificationArticle Seven sets forth the requirements for ratification of the Constitution. (at least nine states ratify the Constitution )preamble n. 前言，序言，導(dǎo)言general welfare 公共福利ordain（上帝、法律等）命令；注定；頒布命

26、令vest 授予executive power 行政權(quán)presidential term 總統(tǒng)任期presidential oath 總統(tǒng)就職宣誓Words and Expressionsgrant reprieves and pardons 發(fā)布緩刑令和赦免令consul 領(lǐng)事congressional recess 國會休會adjournment n. 休會，延期；休會期間privileges and immunities 特權(quán)與豁免House of Representatives (眾議院): The United States House of Representatives, commonly referred to as the House, is the lower house of the bicameral United States Congress.original jurisdiction(初審管轄權(quán)）：The original jurisdiction of a court is the right to hear a case for the first time as opposed to appellate jurisdiction(上訴管轄權(quán)): when a court has the right to review a lower cou