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The check-and-balance System is the Foundation of American state government.

Name : 赵霄

Class: 金融4班

Department: 翻译系

Number: 111414146

Abstract

The thought of separation of powers is firstly put forward by Locke, montesquieu ,and montesquieu explain its detail clearly. Separation of power of his ideas are not only emphasized the division of power, but also the check-and-balance power. This really have deeply influence for the establishment of the separation of powers. The check-and-balance system ,in order to adapt to the capitalism developed,was established in the 1787 constitutionof the US ,after the civil war.The mainly content is the Federal government has three elements---executive ,legislature and judicial, and the three elements are checked and balanced by one another. The United Stated 200 years of history has proved that the check-and balance system take advantages of the social stability,promoting social development ,is the foundation of Ameriican state government.

Key words: check-and balance system, Separation of powers, influence,

、what is the check-and- balance system

1, the history of the separation of powers

The separation of powers has long history in the west . 亚里士多德 put forward the concept of mixed regime, he thought the country has discuss official business power , executive power and judicial power. But Aristotle's purpose is to balance the benefit of all social peoploe , and not seems as separation of powers and check-and-balance in American, not the moedern one .but his thought laid the basement of the mordern seperation of powers.

Decentralization thought as the organization principle of the national politicial system ,firstly put forward by Lock. The king have all the rights in the period of feudal autocracy. The British bourgeois broke out in the 17th BC .Locke take a series of his position ,including the separation of legislative power and executive power ,legislative power belongs to parliament ,the king only have executive ,and it lower than legislative . his mainly objective consolidate the bourgeois revolution’s achievement.

In the 18th century Jefferson ,Paine ,Hamilton and so on,had practiced and discussed ,the decentralized overall continuous developed, and finally established in the American ,became a “safeguard our freedom of a simple and clever system”. Finally the separation of powers sucessful in the United States and gain the recognition of the world .

2 The definition of the check-and-balance system

“Freedom government is based on suspicion, not on the trust.” Jefferson said. The wise framers set barriers to make the power do not concentrated in any one person or one department, avoiding its run amok or reckless. The means of control is mainly making every department play a role in other departments, and has the ability to delay or even prevent the operation of other departments, so that, they could restrict each other, and form a balance of power.

so what guarantee the United States choose the separation of power .

1 the profound lessons of federal powers distribution

In the revolution war ,the states of North America formed a loose combination in 1777 “Articles of Federation “ , this is the federal period before the establishment of the United Stated . federal states follow the thought of montesquieu's separation of powers, each states’ main power is legislative out of fear British colonial rule. Then executive ,legislative and judicial power ‘s allocation is extremely unbalanced ,and indeed limited each other ,caused legislative rights abuse in the unscruple.people are still awaring the concentration of power to the legislature right’s abusement .The division of labor ,looking as an attempt to set up the check-and balance system.

2 The completed social background after the revolution war.

At this time, ethnic conflicts had been solved ,but American domestic contradictions highlight ,showing the different between class and the struggles between different interest groups .Especially what kinds of government should built, monarchy and the bourgeoisie democratic point of view is also in the fierce collision.Finally the capitalize class won.based on the need of that time ,13 states urgently need a proper method to solve this problem. Hence ,separation of powers is the best choice for framers.

3 the development of the separation of powers by American politicians

Jefferson and Hamilton began to sketch a blueprint of separation of powers in the United States ,Jefferson carry on Montesquieu separation of powers ,he maintain that the legislative ,executive and judicial departments shall be divided. Hamilton inherited Montesquieu thought, too. Hamilton described it in details: the President has a legal proposal right and limited veto power to enact laws by legislative authority, the Supreme Court the legislature formulate laws have announced the constitutionality of power ,this is the restriction of legislative power .Legislature has the inquiry and impeachment to the administrative officials,the president signed the treaty, the judges have some trial to administrative officials,this is on the restriction of administrative power ;the Supreme court decided the number of power ,and approve the establishment of the courts at all levels of power, has the power to convicted of treason, impeachment, the judge dismissed from the post, can the President have special rights and nominate supreme judge power, it is the judicial power restriction.in coclusion , Jefferson and Hamilton,inherithed and developed the montesquieu separation of thoughts ,had the important function for the buit of check-and-balance system .

, The check-and-balance ststem in America.

the balance of the government and people, federal and state , Judicial and legislative and administrative, the most important is legislative power and executive power .This is the core of the check-and-balance system, because America had appeared the administrative legislation of authoritarian or authoritarian period, it has the real power ,one is a purse ,another is a sword ,so that so that the framers of the legislative power and executive power could confine to each other.

Conclusion :The establishment of check-and-balance system in the United States ,giving people analyze the national power to the world with a new eyesight .it even made Americans saw the hope of democracy after survived the authoritarian regime's persecution.The United States continues to enrich and developed its own knowledge in practice of the check-and-balance mechanism.In short ,we should learn this great thought to improve our country’s state system.

Reference: http://baike.baidu.com/view/44932.htm

http://www.baike.com/wiki/

http://www.answers.com/topic/checks-and-balances

Essentials of British and American Culture

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