The main contents of the Constitution in 1787 USA: can be discussed from three aspects
First, the legislative power belongs to the congress.Mainly includes the bicameral Congress; the Senate, house of Representatives election rules; the legislative power belongs to the Congress, the implementation of the law by President's approval; the Congress has the right to declare war; the Senate President nomination, conclude a treaty approval; the incumbent shall become members of congress.
Second, the administrative power to the president.The direct election of the president including folk; the president's domestic administrative power, foreign powers and administrative legislation power three aspects.The important role of the president in the state machine.
Third, the jurisdiction to the federal courts.Including the source and the power of the federal court
1, the American in the constitution of 1787 "separation of powers and checks and balances" understanding and grasp
On 1787 USA constitution "separation of powers and checks and balances" understanding mainly from the following several aspects to consider:
First, the "separation of powers and checks and balances": the theoretical basis of absorbing the European Rock, Montesquieu and other famous thinkers of the enlightenment thought essence.
Second, "the essence of the separation of powers and checks and balances": the structure of government must be able to control and balance between the appropriate departments.Objective to effectively form the power for public welfare and justice and its management functions, while maintaining good grip on power, public power and civil rights balance, dynamic balance management and control, is the decentralization and restriction.Through decentralization, which eventually reached equilibrium, is the ultimate goal of constitutionalism.The legislative, administrative, judicial three state power restrict each other, each other, in order to achieve the balance of power, to prevent the emergence of dictatorship and tyranny.
Third, the "separation of powers and checks and balances" result: balance the contradiction within the bourgeois class, is the highest principle and political balancer norms and constraints of bourgeois party competition; strong to prevent individual dictatorship and autocracy appeared.
Evaluation on American constitution of 1787.The first part is the capitalist countries more complete bourgeois constitution, from its positive meaning and class of dialectical limitation.
The positive significance USA constitution of 1787:
(1) the world's first complete bourgeois constitutions, has laid a legal foundation America political system;
(2) combining ideological and political theory enlightenment in Western Europe and America actual, in the entire history of political system of exemplary, the establishment of capitalism after the national system to play a role model.
(3) the federal government to give strong power, the consolidation of the state; the federal government to implement the principle of separation of three rights, restricting the balance of power between, prevent the dictatorship, guarantee the bourgeois democratic system.
(4) local autonomy and central government formed a harmonious unity, safeguard national sovereignty at the same time, mobilize the enthusiasm and creativity of play is conducive to local.
(5) to show and maintain the major achievements in the war of independence, the government based on democratic principles, to bring long-term stability America.
Class limitations America constitution of 1787:
(1) the Constitution does not require the abolition of slavery, which is its anti democratic.The Constitution does not negate the slave system, but also in the distribution of the house state representation, the black population according to the 3/5 population reduced, this will reduce the position of a slave.
(2) the Constitution does not mention that the issue of human rights.On the contrary, the constitution expressly reserved slavery and racial discrimination clause, the blacks, Indians, women and the poor out of the human rights protection.