法律知识导读(英文)第五单元-Constitutional-law[精]课件.ppt

1、 Unit 5 Constitutional lawUnit 5 Constitutional law宪宪 法法 宪法，是一个国家或地区的根本大法。美国宪法，是“国家的最高法律”，奠定了美国政治制度的法律基础。1787年5月，美国各州代表在费城召开制宪会议，同年9月通过了美利坚合众国宪法 1789年，美国宪法正式生效，后又附加了27条宪法修正案 美国宪法规定实行联邦制，肯定了以立法 行政 司法三权分立，相互制衡为原则的资产阶级民主共和政体 两百多年来，美国宪法的内容除通过宪法修正案的方式加以改变外，更重要的是通过联邦最高法院行使司法审查权，对联邦宪法作出解释，以及通过政党 总统和国会的活动所形

2、成的宪法惯例来改变宪法的内容，以适应社会不断变化的需要 作为世界上第一部成文宪法，美国宪法也为以后许多国家宪法的制定提供了成功的范本Status: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 citiz

3、ens.U Un ni it te ed d S St ta at te es s n nContents 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 Co

4、urt.History It was adopted on September 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.(Articl

5、e (Article,Section 4),Section 4)The President,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 governmentThe principles of government The three main bra

6、nches of government are separate and distinct from one another.They 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 amendmentProvis

7、ions for amendmentdual process:1.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.)2.amendments must have the approval of three fourths of the stat

8、es before they enter into force.The effect of its provisions may be changed by 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 reviewjudicial review:the power of t

9、he Court to interpret acts of Congress and decide their constitutionality as well as explain the meaning of various sections of the Constitution as they apply to changing legal,political,economic and social conditions.Federal government 联邦政府Bicameral 两院制的，有两个议院的Executive branch 行政部门Judicial branch 司

10、法部门State constitution 州宪法Doctrine of constitutional supremacy 宪法至上原则Fundamental law 基本法WWo or rd ds s a an nd d E EScrutiny 详细审查；选票复查Ballot box 投票箱Malfeasance 渎职；违法行为Conviction 定罪，（法）证明有罪Convict 证明有罪；宣告有罪Treason 叛国罪Misdemeanor 轻罪Secretary of War 国防部长United States Congress(United States Congress(美国国会

11、美国国会):):It is the bicameral legislature of the federal government of the United States of America,consisting of the Senate 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.N No oConstitutiona

12、l Convention(Constitutional Convention(制宪会议制宪会议)：It took place from May 25 to September 17,1787 in Philadelphia,Pennsylvania,to address problems in governing the United States of America,and eventually create a new law,the United States Constitution.Impeachment(Impeachment(弹劾弹劾):):Impeachment is a f

13、ormal 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 indictment(控告)in criminal law.Impeachment(Impeachment(弹劾弹劾):):Impeachment is a formal process in which an e

14、lected 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 indictment(控告)in criminal law.Chief Justice of the United States(Chief Justice of the United States(联邦首席大联邦首席大法官法官):):The Chief Justic

15、e 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 States.He is one of nine Supreme Court justices;the other eight are the Associate Justices of the Sup

16、reme 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.“We the people of the United States,in order to form a more perfect Union,establish justice,insure domest

17、ic tranquility,provide for the common defense,promote the general welfare,and secure the blessings of liberty to ourselves and our posterity,do ordain and establish this constitution for the United States of America.”Article One:Legislative powerArticle One describes the Congress,the legislative bra

18、nch of the federal government.The United States Congress is a bicameral body consisting of two co-equal houses:the 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.Rep

19、resentatives must be at least 25 years old,be a citizen of the United States for seven years,and live in the 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

20、 a Congress of the United States,which shall consist of a Senate and House of Representatives.“Section 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 Sect

21、ion 1 creates the presidency.The section states that the executive power is vested in a President.The presidential term is four years and the Vice President serves the identical term.Section 2 Section 2 grants substantive powers to the president:Section 3Section 3 opens by describing the presidents

22、relations with Congress.Section 4Section 4 provides for removal of the president and other federal officers.Article Three:Judicial powerThe 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 b

23、y the Supreme Court.Article Four:States powers and limitsArticle Four describes the relationship between the states and the federal 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 approv

24、al.2.Two-thirds of the state legislatures may apply to Congress for a constitutional convention to consider amendments,which 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

25、and laws should not conflict with the laws of the federal constitution and that in case of a conflict,state judges are 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 Constitu

26、tion.(at least nine states ratify the Constitution)preamble n.前言，序言，导言general welfare 公共福利ordain（上帝、法律等）命令；注定；颁布命令vest 授予executive power 行政权presidential term 总统任期presidential oath 总统就职宣誓WWo or rd ds s a an nd d E Egrant reprieves and pardons 发布缓刑令和赦免令consul 领事congressional recess 国会休会adjournment n.休

27、会，延期；休会期间privileges and immunities 特权与豁免House of Representatives(House of Representatives(众议院众议院):):The United States House of Representatives,commonly referred to as the House,is the lower house of the bicameral United States Congress.original jurisdiction(original jurisdiction(初审管辖权）：初审管辖权）：The or

28、iginal jurisdiction of a court is the right to hear a case for the first time as opposed to appellate jurisdiction(appellate jurisdiction(上诉管辖权上诉管辖权):):when a court has the right to review a lower courts decision.N No otrial by jury(trial by jury(陪审陪审):):A trial by jury(or jury trial)is a legal proc

29、eeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge.Articles of Confederation(Articles of Confederation(联邦条例联邦条例):):Articles of Confederation was the first constitution of the United States of America and legally established the union of the sta

30、tes.The Articles were replaced by the US Constitution on June 21,1788.Senate(Senate(参议院参议院):):The United States Senate is the upper house of the bicameral United States Congress.The Senate has several exclusive powers not granted to the House,including consenting to treaties as a precondition to their ratification and consenting or confirmation of appointments of Cabinet secretaries,federal judges,other federal executive officials,military officers and other federal uniformed officers,as well as the impeachment trials of federal officials.