书城外语法律专业英语教程
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第9章 Constitutional Law 宪法(3)

5. Chief Justice of the United States (联邦首席大法官): The Chief Justice of the United tates is the head of the United States federal court system ( the judicial branch of the ederal government of the United States) and the chief judgeof the SupremeCourt of the United States. He is one of nineSupremeCourt justices; the other eight are the Associate Justices of the Supreme Court of the United States.

6. Marbury vs. Madison (马伯里诉麦迪逊案): Marbury vs. Madison, 5 U.S. ( 1 Cranch) 137 ( 1803) is a landmark case in United States law. It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. This case resulted from a petition to the Supreme Court by William Marbury, who had been appointed by President John Adams as Justiceof the Peace in the District of Columbia but whose commission was not subsequently delivered. Marbury petitioned theSupremeCourt to force Secretary of State James Madison to deliver the documents, but the court, with John Marshall as Chief Justice, denied Marbury s petition, holding that the part of the statute upon which he based his claim, the Judiciary Act of 1789, was unconstitutional.

I Decide whether the following statements are true ( T) or false ( F) according to the text.

1.heUnited States Constitution is the shortest and oldest unwritten constitution still in use by any nation in the world today.

2. American peoplecan change the fundamental law if they wish, while their authority is not exercised directly.

3. President Richard Nixon, together with other 13 U.S. officials, has been im peached.

4. Checks and balances are the principles of United States government.

5. Marbury vs. Madison is a landmark case, which formed thebasis for the exerciseof judicial review in the United States. I

IFill in the blanks with the words and expressions in the box.

individual rights resistance the Bill of Rights guarantees

ratifiedunanimousforerunnerfurther revised

The Constitution has been amended 27 times since 1789, and it is likely to be( 1)in the future. The most sweeping changes were made within two years of its adoption. In that period, the first 10 amendments, known collectively as ( 2), wereadded to theConstitution. They were approved as a block by the Congress in September 1789, and ( 3)by 11states by theend of 1791.

Much of the initial ( 4)to the Constitution came not from those opposed to strengthening the federal union, but from statesman who felt that the rights of individuals must be specifically spelled out. One of thesewas George Mason, author of the Declaration of Rights of Virginia, which was a ( 5)of theBill of Rights. As a delegate to the Constitutional Convention,Mason refused to sign the document because he felt( 6)were not sufficiently protected. Mason s opposition nearly blocked ratification by Virginia. Massachusetts, because of similar feelings, conditioned its ratification on the addition of specific ( 7)of individual rights. By the time the First Congress convened, sentiment for adoption of such amendments was nearly ( 8), and the Congress lost little timein drafting them.

III Translate the following sentences from English into Chinese.

1.his clause is taken to mean that when state constitutions, or laws passed by state legislatures or the national Congress, are found to conflict with the federal Constitution, they have no force.

2. Subjects on which the legislative branch can make laws are set out in considerable detail, although over the years judicial decisions have expanded the scope of congressional activity.

3. 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.

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

5. They were also conscious that theprocess of changeshould not be facile, permitting ill-conceived and hastily passed amendments.

IV Paragraph translation from Chinese into English.

《美国宪法》是“领土上的最高法律”。它规定了美国政府的基础,保证了美国公民的自由和权利。在美国,没有法律可以与宪法的任何原则冲突,没有政府的职权可以凌驾于宪法之上。唯有联邦法院有权解释宪法和评估联邦或州法律的合宪性。

V Oral work. What is the principle of checks and balances? Discuss about the merits and demerits of this principle.

Analysis of the United States Constitution

The Constitution consists of a preamble, seven original articles, twenty-seven amendments, and a paragraph certifying its enactment by the constitutional convention.

Preamble: Statement of purpose

“We the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defence, 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.”

The preamble does not grant any particular authority to the federal government and it does not prohibit any particular authority. It establishes the fact that the federal government has no authority outside of what follows the preamble, as amended.“We the people”, is one of the most-quoted sections of the Constitution. It was thought by the Federalists during this time that there was no need for a bill of rights as they thought that the preamble explained the people s rights.

Article I: Legislative power

ArticleⅠdescribes the Congress, the legislative branch 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.