In USA, natural rights are sacred, the social contract is sacred, has private property is sacred; not to mention, God and faith in God is holy. These ideas together, before the formation of a sacred law in America. Therefore, to deeply understand America law, we must understand America every aspect of social life; in turn, to study any one side American, all need to understand the America law.

 

The Supreme Court supreme power is who?--The case of Marbury v. Madison1803.

This case occurred in the1801Years. The cause is that USA President Adams in his the last day at midnight, assault appointed42A justice of the peace, but the16The Commission failed to timely delivery; the incoming president Jefferson asked Secretary of State Condoleezza Madison will this16A warrant away. Among them, one therefore can not when the judge called Marbury, thus brought to the Madison lawsuit. The judge in the case of Marshall, the superb legal skills and wisdom, judgment in the case of "quoted1789Years of judicial regulations "article13Shall be invalid as unconstitutional, so as to solve the case, and from the establishment of USA Supreme Court has the power to interpret the constitution, ruling government actions and legislation is unconstitutional system, had a significant and far-reaching impact on America political system.

 

The sacred principles of contract and university autonomy tradition--Dartmouth College v. Woodward1819.

USA the country under the rule of law, a popular golden laws and precious rules is the inviolability of private property. But private property determination and confirm the need to contract specification, obviously, the change of the government, social change, class conflicts may affect the validity of contract. Therefore, USA constitution article1Article10Special provisions: shall not have any state"Deprivation of law impairing the obligation of contracts, or act retroactively through any civil rights".

But the constitution into reality to the rule of law also depends on the efforts of the judges. America federal government was first encountered a contract--Dartmouth College v. Woodward (Dartmouth college v.Woodward). And the Federal Supreme Court Chief Justice Marshall in the case of a decision not only maintenance contract sacred principle, also make the development America private university have strong legal backing.

 

The federal supreme principle and constitution allowed power--Marcano v. Mali Lanzhou case1819.

1787Years of "constitution" USA determined frame America legal system, puts forward the goal of the rule of law. But the improvement and practice of law (Law) is a long historical process. Plays an important role in practice USA Federal Supreme Court ruling in the America, its status and role is the one and only thanks to the judicial practice America founding chief justice Marshall and the court at a great extent. In Marcano v. Mali Lanzhou which is a famous case in court, Marshall proposed to interpret the Constitution"Implied authority"In theory, establish the constitutional principle of federal supremacy, which had a profound effect on USA constitutionalism.

 

America Supreme Court to break local protectionism--Gibbons v. Ogden1824.

Gibbons Caogden case (1824Years): the case is the first case of the commerce clause of the constitution of the Federal Supreme Court, the Supreme Court through this case, the generalized interpretation of federal regulation of interstate commerce clause, thus expanding federal power. Later, the Federal Supreme Court"The commerce clause"Explanation is more and more wide, from commodity production and circulation, transportation, wages, working hours, labor unions to civil and criminal behavior, as long as the effect on interstate commerce, have the right to control the federal.

 

The civil war caused American judicial decisions--Scott v. Sangfute case1857.

America writer Harriet Beecher Stowe (Harriet E. Beecher Stowe)1851The famous "Uncle Tom's cabin" (Uncle Tom's CabinAt the end of Qing Dynasty, translator Lin Shu it translated as "Uncle Tom's cabin", after the publication become fashionable for a time) described slaves American Southern suffering, exposing the southern slavery brutal, stimulate the powerful voice of America north to abolish slavery. Lincoln.Abraham LincolnThe president called on Mrs. Stowe as)"A World War II led to a small woman".

But in fact, a World War II led is not the little woman, but1857Scott v. Sanft (Scott v. Sandford,1857The judicial cases). In this case, the Supreme Court ruled that the slaves not USA America citizens, and to abolish slavery unconstitutional because in order to limit the expansion of1820Annual "Missouri compromise". This decision not only from the height of the constitution protect slavery, but also intensified the already sharp opposition to the civil dispute, blocked by compromise means to solve the problem of slavery in the South Road, to the bad role on the outbreak of civil war. Scott not only is America scholars as America constitutional history of the worst case, and is thought to be caused by one of the important reasons of the civil war.

 

The president or the Supreme Court?--From the Merriman case to the Milligan case

America constitution article1Article8A famous"Necessary and appropriate terms"Granted, it represent the opinion of the Congress government to meet its responsibilities"All necessary and proper laws". It provides a legal basis for USA expanded the federal government power. But even so, the following9Paragraph flew on"Necessary and proper clause"A limited, set up a series of legislation Congress cannot damage. Involving civil liberties have three:"Shall not be suspended habeas corpus privilege, unless when in cases of rebellion or invasion of public safety requirements to suspend the privilege. Shall not pass the bill of attainder or ex post facto law."

This article is to discuss the first item: the privilege of the writ of habeas corpus. Its LatinWrit of habeas corpus.Habeas corpus, meaning"Have[The suspect]The body". It is an important personal freedom British common law, to prevent the government policy mistakes, especially after the normal procedure is detained. In form, it is a court order issued to the authority of the button, the detainee brought to the court, the judge will review the detention of the justifications. If the reason is not sufficient, the judge has the power to order release. Because of American constitution is to regulate and restrict the government power, to protect people from evil administration pain. In other words, it is the rule to prevent evil, but not the governed evil. Therefore, the framers of the constitution had it written into the constitution, the constitutional rights of citizens become American.

However, even as the holy and constitutional rights, it may also be challenged, but also from the president's challenge. When America civil war, there have been such a situation.

 

From the victim to the winner: the Chinese contribution to the USA case law--Yi and V. Hopki1886.

1861 1865Years, largely because of the problem of slavery, the slave states of the free state American north and South fought a civil war. After the war, American passed3Amendment to the constitution to ensure victory in the war results:1865Years of the entry into force of section13Amendment abolished slavery;1868Years of the entry into force of section14Amendment guarantee of personal freedom and rights without state intervention;1870Years of the15Amendment to American blacks the right to vote. The article14Amendment provoked numerous in legal proceedings American history, an important part of it is the States"Within its jurisdiction, and shall not refuse to give anyone to equal protection of the laws". This is usually called"The equal protection clause"(EqualProtectionClause). Although it was intended to protect free blacks from the states of discrimination, but this general provisions also make other ethnic group can use the constitution to protect themselves.

However, in many years this amendment passed in a very narrow, the Supreme Court to explain this"The equal protection clause"The result, States, and other local governments in their jurisdiction still have considerable power to infringe the freedom and rights of the people. But in the1886Years of Yi and Ca Hopkins case, the Supreme Court's ruling is one important exception, it identified two municipal regulations of San Francisco in California in violation of the equal protection clause. This decision changed the traditional court interpretation of the provision, become a historic precedent and was later a judge quotes. Put forward and win this case the hero is not USA citizen, but a America some white oppression and the oppressed Chinese Laundry owner benefit and. This case has become a classic case USA law school teaching, his name is well-known to all learning and research USA constitutional scholars and students.

 

20The first gun century America antitrust monopoly--Northern Securities Co. v. USA case1904.

The second half of the nineteenth Century, follow one's own inclination, the vigorous development of capitalism,"America dream"The picture shows new, emerging"Dollar Empire"Morgan, Carnegie, Rockefeller created a number of billionaires, forming a large consortium arrogant. But,"The creation of wealth"Myths often evolved into the"Plunder the wealth"The reality is, trust (EnglishTrust[Trust]Transliteration. It is a kind of business combinations, the combination of companies to get their equity by a specially set up a board of directors for the management. In America, this word was a monopoly oriented large-scale corporate combination, become the pronoun of monopoly) this unique monopoly appears in the form of interpretation of the fish story, independent of small and medium-sized enterprises become the industry giant, the financial oligarchy delicacies.

Born in free competition monopoly against the free competition, the weak groups hope the government protection. USA again the court to come on the stage, it is in the northern Securities Co. v. America (Northern Securities Co. v.United States) decision in many monopoly spread.

 

For the labor rights of the long road--Several cases relating to labour rights

Holmes is USA famous Supreme Court justices (1902-1932Years), always with original ideas, thinking ahead of famous, so"The great dissenter"Good reputation. He has a famous saying:"The law contains the winning party ideological confrontation in the faith."

In America, long a"Win the game"Is this: anyone can freely by virtue of its property to do the things they want to do. In the labor relations, this thought is as follows: the boss is convinced, he can freely decide its employees working time, working conditions and remuneration, without any outside interference and restriction, employees can either accept, or the highway, there is no room for a supply of sth.. Contract supreme and the property is sacred golden laws and precious rules become bosses, shall not be infringed.

In the20Century, this kind of thought and behavior has been widely recognized, in the event of a conflict between labor and capital, the government also often stood on the capital side. With the development of industry, the modern working class continues to expand, more and more people are capitalists exploit. Where there is exploitation, there is resistance, like their European brethren, America working class often strike, trade union organization form of rebellion. But their European cousins is not the same, more is the use of legal weapons to fight for their own legitimate rights. Moreover, they obtained by strikes and organizing trade unions must eventually pass laws to fixed.

Therefore, a historian once commented: America social legislation although some European countries backward30Years,"But labor through legal achievement, probably more than achieved by strikes or other violent means more".

In the fight for labor rights struggle, USA Federal Supreme Court in a long time standing in the capitalist side, several workers struggle results obtained by the decision of the Supreme Court come to nothing. However, the labor pity on social justice, faith, also make the enlightened some daring to challenge the dominant ideas have long owned and privileges. Holmes and his friend Lewis·Brandeis.Louis Dembitz BrandeisIs USA)20In the first half of the most active defender of labor rights and interests.

 

When patriotism with freedom of speech and religion--The flag salute and "pledge of allegiance" in three case

In America, whether in the past or now, public schools have attached great importance to education in patriotism. This kind of education in various forms, rich in content, both America history and government this kind of formal learning, also singing patriotic songs, the salute to the flag that influence character by environment form. Through this kind of patriotic education, cultivate students' loyalty to the country. If we take into account the USA is world five continents, four oceans of immigrants, the education is particularly important. Another batch of immigrants' children, began to become Americans"American"Process. In a sense, is the patriotic motive America among all the countries in the world the earliest established the public free compulsory education. From the19Century, in the face of a growing number of people from all over Europe, ethnicity, religion is becoming more and more complex language of different immigrant binge, USA gradually established a free public school systems, and actively help immigrants' children quickly become americans. Obviously, the patriotic become part of the indivisible America public education.

However, during the Second World War1940Years, a common USA family has publicly challenge an important form of patriotism education--The legitimacy of the salute to the flag.

 

The wartime public freedom and race--During the Second World War, Japanese Americans detained

1942Years2Month19DayIn the Japanese attack on AmericaHowaiiTwo and a half months after the Pearl Harbor,RooseveltThe President issued an article9066Executive order, authorization USA army minister certain area home"Military areas"(Theater), and to live inMilitary areasPeople to be any necessary restrictions, can even exclude them in war zones. According to this command and a month after Congress passed a law, American West Coast CommanderGen. J. L. DeWittExcuse Japanese invasion and subversion of threat, issued a series of orders, the first is to impose a curfew on the west coast of the States all ancestors for Japanese residents, following their expulsion from this area, asking them to government designated collection of some concentrated, transition away from the West CoastDetention centers(confinement center).

A total of11Million more people of all ages and both sexes, including7Million America citizen, was sent to the detention center. No court to any one of them made whether loyalty America, whether guilty judgment. The detention center is surrounded by a barbed wire, and armed guards. Without official approval, which residents not to leave. Now, almost all the people think, the public freedom and civil rights violations and the hitherto unknown unlike government officials said, is for military needs. And, even then, an important military and civil leaders of the facts are not clear.

Several of these measures by Japanese American injury, chose to court to challenge the legality of these measures, and the case eventually hit the Federal Supreme court. One of the most famous, perhaps a case is also the most important is"Korematsu v. United States"(pine v. America). This case is best with several other wartime appeal to the case of Japanese American Supreme Court discussed.

 

The freedom of news supervision by public opinion or challenge: defamation--"New York Times" Co. v. Sally1964.

In America society, news media is called"The uncrowned king". Because of American constitution article1Amendment of the escort, not only is it not the mouthpiece of the government, it is an important force to supervise the government. However, due to various subjective and objective factors limit the news media in the supervision by public opinion, the government can not be one hundred percent accurate. In this way, the news once the error, will often cause relates to huge fines libel cases, let the news media get more than one bargained for.1964Years of "New York Times" (v. SullivanNew York Times Co.v.SullivanA case, is) by government officials accused "New York Times ("New York Times) of a major lawsuit of defamation caused.

 

Not to mind taking the trouble warning and criminal defendants' rights--Miranda v. Arizona1966.

1966Years America Federal Supreme Court in Miranda v. Arizona (Miranda v.Arizona) decision, is20One of the most important America constitutional history, the most controversial judicial decisions century. As Hollywood (HollywoodIn the world of pop) film by Miranda case, and enjoy quite a reputation"Miranda warned"(Miranda warningsChinese, and Translation"Miranda warned"Not only in the USA society make known to every family), and already become a part of America popular culture around the globe.

 

Choose the long battle right and right of life--Roe v. Wade1973.

1973Years of"Roe v. Wade"Affected by the Americans as the equivalent of second civil wars.1972Years, two young feminist Sara, Texas·Weddington and Lin Da·Coffey tried to challenge the prevailing abortion policy. They chose a hope of abortion21The old woman, alias Jane·Luo (JaneRoeWade.WadeProsecutors at the time) is in Dallas county. After many setbacks,1973Years1Month22The Federal Supreme Court finally, USA7Ratio2The vote, decide whether to confirm women pregnant right protected by the constitution of individual autonomy and privacy regulations, this is equal to admit American legal abortion.

"Roe v. Wade"Later, the legalization of abortion once lead to a surge in the number of American abortion.1973Years, America each year nearly1500Million people in total abortion, pregnant women every year1/5."The Roe v. Wade case"To America women's right to abortion, also gave American society a split point, triggered a heated debate in the history of American. Since the legalization of abortion, support the right to life of anti abortion activists have been trying to overturn the decision. Every kind of anti abortion"The protection of life movement"Support for abortion rights groups and defend this debate, even appeared2003Years9Month3The first day for the murder of abortion doctor Paul was executed·Hill such extreme example. No doubt, the abortion issue has become the major issues issues of right and wrong American problems in society. Both the presidential campaign, or congressional elections, from the state to local elections, politicians must show that his position on the issue of abortion. Generally speaking, the Liberal Democratic Party in support of women's right to abortion, while Republican conservatives to any form of abortion hold negative attitude. The South Dakota governor signed the anti abortion bills, challenge30Years ago the law, undoubtedly in American society once again dropped a bombshell.

 

"Imperial Presidency"Self impeachment--American v. Nixon1974.

In the1972Years11Month, Richard Nixon(Richard Nixon)The president decisively defeated the Democratic candidate George McGovern(George McGovern), re elected. But toward the end of the campaign, a group of robbers robbed the Democrats in Washington Watergate(Watergate complex)Campaign headquarters. Thanks to the investigation on Washington Post decisive, was originally a small news events, because news reporter revealed can be traced to the top government officials to track, and the rapid expansion. The Nixon administration denied any wrongdoing, but soon was evident, he had tried to cover up the robbery events, as well as the relationship between the Nixon administration and robbery, this association may even include the president. In congressional and public pressure, Nixon appointed a special prosecutor. When informed of the president in the Oval Office secretly taped conversations, the prosecutor filed a subpoena for he believed relevant to the criminal investigation tape.

In the1974Years3Month, a federal grand jury for conspiracy to obstruct justice and other related crimes and the Watergate burglary, President Nixon to award7An assistant. The president called the conspiracy without prosecution. Special prosecutors based on action, local court issued a subpoena to the president, asked him to come between the president and others some recording specific conference related with file. Although President Nixon discloses some subpoenaed conversations edited record, his advisers "especially", and with administrative privileges for the repeal of the summons. When the district court denied the request, the president appealed, and the case was quickly transferred to the Supreme court. The court is not part of the opinion, the Supreme Court dealt with two key issues, as the ultimate arbiter of the Constitution and the power of the judiciary, the president said, in the name of executive privilege, he can choose to keep the relevant evidence and criminal investigation. Chief justice Berg(Chief Justice Burger)Re confirmed Ma Borui v. Madison(Marbury v. Madison)And Cooper v. Allen(Cooper v. Aaron)The decision, under the constitution, the court to decide constitutional questions with final adjudication, and no man, even if he is USA president, is above the law.

Although Nixon would abide by the court to hold suspected, but handed down in the decision8Within hours, the White House announced that it would comply. In the1974Years8Month5Day,64Tape recordings were released, including the White House on the Watergate cover up the relevant special with killing of recording. Three days later, his support in Congress almost completely disappeared, Nixon announced that he would resign.

 

Now in the American who discrimination who ?California university board v. Bakke case1978.

The west wind, rock beat, now in the American who discrimination?

Some may say: This is also worth mentioning? Natural black white discrimination and other ethnic minorities. However, many USA whites think, if in accordance with the USA government promulgated and implemented"Affirmative action"(AffirmativeAction) policy, now in the America society discriminated against harmful is actually white. This involves the "reverse discrimination" (Reverse Discrimination) complex problems, it is to have a American public university in California state board v. Becky (RegentsofUniversityofCaliforniav.The origin of Bakke, 1978).

 

The Star Spangled Banner protection to burn it--Texas v. Johnson1989.

Patriotism is the common people common feelings, all countries of the world, but the performance of different forms. Some countries are passionate slogans, some countries are great in strength and impetus of the rally, some countries also spontaneously to fly the flag. In American, every7Month4Day Independence Day or other important occasions, many families will be in front of his house on the national flag to celebrate and unity.2001Years9Month11Day, terrorists hijacked plane crashed America, sisters, the world trade center in New York and The Pentagon in Washington, killing nearly4Thousands of people died in the tragedy. After the incident, American shop flag were robbed of air, each and every family to fly the national flag, national suffering as expressed in people's loyalty and solidarity. According to statistics,9．11.After that, American shops selling flag at least two hundred million more.

In USA, no other than the flag symbol is more important and pulled the emotion, even USA national anthem is to celebrate flag themed. The song "stars and stripes" (never fallThe star-spangled bannerAuthor Francesco (is)Francis Key) naturally patriotic feelings1812And at the beginning of the war, Francesco was British prisoners, imprisoned in the British warships, when he saw the coast the fortress American flag was still high in the British artillery in the high flying, be moved by what one sees, be full of excitement., make smooth reading this immortal songs. Therefore, in the eyes of the general public USA, flag symbolizes the nation's glory and honor, on behalf of the national unity and great, therefore, America50States have48Through the protection of the national flag is not tarnished law.

Because Americans see flag as a symbol of the sacred, therefore, often by burning USA flag for the pleasure USA people against the world, express their America foreign policy and the way of life of discontent and anger. See this scene, the Americans, with deep hatred and resentment, but also feel helpless, because it is happening in other parts of the world things, America tube day tube, is also not other countries set fire to burn the flag.

However, in USA territory, there are also a number of their dissatisfaction with the government to flag burning as Americans express their ideas, to criticism and protests in some practices American government. They know the law but break it, the purpose is to protect their identified by American constitution article1Amendment protection"Freedom of expression".

 

The dilemma of the freedom of the press and the fair trial--Rodney·Gold v. Losangeles City Police Department1992.

USA news media always as objective and neutral, to uncover the truth of the matter is the highest pursuit of occupation, in which judicial news is more emphasis on the facts of life. However, due to the subjective and objective factors, all of the details of the news is not actually may include the truth, it only approximates to the facts, or can only be a selective facts. Look back,1992Losangeles city has rocked the global black riots, and the news media reported that Rodney·Gold (Rodney KingBattered case) of the original footage cut offs have direct relationship.

 

Procedural justice and"The trial of the century"--Football star Simpson is suspected of murder1995.

1994Years ago, Simpson 'NFL(O.J. Simpson)Uxoricide case became the most sensational events America. The case was striking one snag after another trial, the evidence"To the full"A case of Simpson to escape the legal sanction, killed his ex-wife and her boyfriend with a knife on two counts of first-degree murder charges in acquittal, only civil judged to be responsible for the death of two people. This case also became the biggest leak case American history of presumption of innocence.

Football superstarO.J.Simpson.Orenthal James Simpson) suspected of murder has shocked the nation20One of the major American century century society's most controversial. Many people think that a wealthy person, Simpson, do not hesitate to spend lots of money to hire a so-called invincible"Dream team"(Dream Team) to justify yourself. This group of lawyers seek nothing but profits, with gab, using America society in ethnic conflicts and loopholes in the criminal procedure, the"Blood mountain"Prosecutors and police witness barge was terrified, finally persuaded the jury members put the murderer acquitted. This is a global media attention"The trial of the century"(Trial of the Century) is a great irony and mockery of America judicial system.

However, after so many years later, according to published Simpson case records and the memories of the parties, people are surprised to find, Losangeles police in the investigation of the case process failed to strictly follow the due process, a series of serious mistakes, resulting in Simpson's lawyers to sufficient evidence to the jury that Simpson is not necessarily. The culprit, there may be forged evidence, using plant practices blame Simpson.

 

The president of dystocia of judicial war--Bush v. Gore2000.

2000America presidential election years staged a classic Hollywood blockbuster style tragicomedy. Around Florida (FloridaThe presidential election ballot counting), there has been a dramatic situation hitherto unknown, American Republicans and Democrats experienced36Day"The judicial war", played be inextricably involved, a murky sky over a dark earth. After36Days after President dystocia, finally reach the incredibly is the Supreme Court of the non elected!

According to democratic sense, who gets more votes than who as president. However, the Democratic candidate, vice president Gore (Albert GoreAlthough George W. Bush) than the Republican candidate, Texas governor (George W.Bush) have53Million popular votes to win the presidency, but it is the latter! This violation of the presidential election procedures of democratic principles and subsequent judicial war involved, the time"Field"The America voters get see things in a blur, feel dizzy, a naomenzi paste.

Often hear people say USA is a democracy, America president is directly elected by universal suffrage. But in fact, the knowledge representation is not accurate. USA regime is a republic, USA president nor produced by universal suffrage. According to the USA constitution states in the presidential election, voters elected just electoral. After the election, the state electoral National Electoral College, and finally by the electoral vote to decide the outcome of the presidential election.

Then, as the highly democratic America why not make universal suffrage? USA constitution why the establishment of the electoral college system?2000Why the election of dystocia? What is the relationship between this phenomenon and USA constitutional system? America Supreme Court played what role in solving the election crisis? What are the implications? To explore these issues, will make people think deeply American electoral system rationality and democracy issues.

 

American why the government always with Microsoft not go?--USA v. Microsoft case2001.

American government and19A state of union sued Microsoft Corp (a caseUnited States v.Microsoft Corp) is20The USA biggest antitrust litigation, attract worldwide attention, get both praise and blame. This is a modern science and technology, market mechanism, legal system and government antitrust policy judicial war, the unprecedented complex. Although Microsoft eventually from split, escaped, but many complex problems this lawsuit involving still worth thinking and discussion.