See "America Constitutional History: 25 judicial cases America" this book, I have spent four or five days, and this book is 557 pages, so on average, a day over 100 pages of this speed, to me, is faster. With such speed, because this book from time to time, something attracted me. The plain but without losing gorgeous language reminds me of "Federalist Papers" of the statements in the color, at the same time more heavy I read French political scientist Tocqueville's masterpiece "on America democracy" interest. It let me know the name of legislation, judicial, administrative separation of the three powers of three powers of the American early, judicial power is how weak; it also let me know how to strengthen the power of the federal government are led by Hamilton a federal party, and the support of the state independent position with Jefferson as the representative of the composition of the anti Federalists, that is the predecessor of the Democratic today; it also let me to American constitution prostrate oneself in worship, the fourth chief justice John Marshall register profound respect first American constitutionalism......

The book for the order of time, has introduced the American 25 legal cases, the 25 cases has play a decisive role status in the development USA constitutional history, its influence is far-reaching. Below I will briefly introduce several impressive judicial cases.

A, justice John Marshall and Madison case, the Dartmouth College case, Makalou case, and Gibbons case

The case of Marbury v. Madison is originated in the partisan struggle, in 1800 USA presidential election, because the Federal Party infighting projections, the second President Adams lost to Republican Democratic candidate Jefferson, in the congressional elections held at the same time, also suffer a big federal party. In order not to the across the board collapse in order to stage a comeback, Adams used the Constitution gives the president the power to appoint federal judges, to strive for the Federal Department of justice, in order to maintain its position in political life. So, in President Adams's resignation in the night, an incoming Senate quickly approved 42 magistrates appointed, Marbury among. But because of program errors, the new president Jefferson of secretary of State Condoleezza Madison will mandate "as the office waste paper, waste disposal." The merchant Marbury smell of rage, a paper complaint will be Madison to the Supreme court. Chief justice Marshall wonderful paragraph second, the constitution cited third thought, the Supreme Court has no jurisdiction, but also pointed out that the Congress in 1789 passed the "the Judiciary Act of 1789" thirteenth unconstitutional. "What is law is obviously the judiciary authority and responsibility" "unconstitutional law is invalid", this is the first time in the history of America Supreme Court declared unconstitutional a federal law. That is, the Supreme Court has the power of judicial review, and the "ultimate authority" has in a sense, so that the federal justice department has to contend with the legislative, administrative department of two phase position.

Dartmouth College v. Woodward, defended the case is the legend America history, Webster. Marshall according to section tenth of the first, announced that the personal property belonging to not be deprived of the right of any law established. In this case, Marshall put this provision further extends to legal persons. The case established principles and university autonomy contract sacred tradition. The strict legal person's property right protection of contract terms.

Marcano v. Mali Lanzhou dispute lies in the conflict between federal and state financial management authority. At first, the Federal Minister of finance Hamilton put forward "on the establishment of a national bank report", federal and state of the discussion, finally reached a compromise, Congress awarded the national bank the right to operate for 20 years, 20 years later, forced by the situation at home and abroad, the domestic financial order in chaos, in order to maintain the order, Madison signed the establishment of second bank of the United States Bill, so, the conflict between state bank and the second bank of the United States will aggravate the. Mali Lanzhou in order to put the federal bank crowd out, passed a law, regulations without the state legislature approved the Chartered Bank every year must pay the tax or the issued notes with Mali Lanzhou printing. Located in Baltimore City, directed at the federal branch, Makalou as the branch teller. The defendant argued that USA the Tenth Amendment to the constitution expressly, did not grant the federal government authority reserved to the states. And the bank is regulated by the state's commercial institutions. Marshall proposed to interpret the constitution "acquiescence power theory", meaning the Constitution did not rule out the "incidental or acquiescence of power", "we must not forget that this is a need of our interpretation of the constitution". In view of the eighth paragraph of "the first constitutional necessary and appropriate terms", second bank of the United States constitution. Marshall on the constitution expanded interpretation practice gradually set up the power of the federal government greatly expanded the powers of congress.

Gibbons v. Ogden, by breaking the steamboat monopoly, to break local protectionism, Marshall explained to business, provides the guarantee of a free space and strong laws for the future development of American. Greatly expanded federal power.

A America scholars are brilliantly summarized Marshall's judicial philosophy: "in its long bench, two permanent concept dominated Marshall: one is a federal state sovereignty, the two is the private property of the sacred.

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Two, American constitutional history of worst case

(a) led to the civil war Sangfute case Scott v.

In this case, the Supreme Court ruled that the slaves not American American citizens, and to the unconstitutional because, abolished slavery in 1820 to limit the expansion of the "Missouri compromise", since this is the case of Marbury since second time, the authority of judicial review of the Supreme Court, but the purpose is to protect slavery. The decision intensified the already sharp opposition to the civil dispute, blocking the compromise means to solve the problem of slavery in the South Road, contributed to the outbreak of the civil war. The apartheid system in 1954 the Supreme Court ruled in Brown v. Board of education case south public school, in apartheid wall opened the breakthrough, greatly promoted the development of the black civil rights movement, washed the 1857 Scott case the error decision of shame.

(two) one of the Second World War the Japanese American detention, loose American case v.

In February 19, 1942 two and a half months after the Japanese attack on Pearl Harbor after, President Roosevelt issued executive order 9066th, authorized the Secretary of the army America certain area home theater, and can the life to any necessary restrictions in the theater of people. America commander West Coast military general Devitt excuse Japanese invasion and subversion of threat, requiring all ancestors are Japanese residents to set on the government, is the pine is a member, is loosely case, the Supreme Court decided to most forcibly removed the constitutionality of command. The decision is to protect the public freedom and rights of citizens against government abuse (even in the country declared a state of emergency under the great escape) historical responsibility. The case is loose after forty years, through the "misjudged case remedial writs" ultimately vindicated. In 1998, already look old and clumsy is loose, the highest civilian medal America can be obtained from the USA President Hamid Clinton, the Presidential Medal of freedom, Clinton praised: "is a song is worthy of our respect for, because of his tireless pursuit of our cherished civil liberties".

Three, American article first paragraph ninth to "necessary and appropriate terms" limitation of the privilege of the writ of habeas corpus

Privilege of the writ of habeas corpus, the Latin, meaning with the suspect's 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 buckle human authority, to which the detainee brought to the court, the judge will review the detention of the justifications, if not full, right to have a judge ordered the release. On behalf of the case is the case of Milligan (near the end of the race occurred in the civil war), the case of Milligan exerted a far-reaching influence in the history of constitutional government USA, since then no matter is the two world war or USA 60 time periods of turmoil, American native nobody dare to try to stop the practice for habeas corpus, two exceptions: Hawaii in the after the Japanese attack on Pearl Harbor in 1900, according to the Congress for the "Hawaii law" to declare martial law, the right to habeas corpus. The military state until 1944 before the end of October. There is a pine.

Four, equal rights

1861-1865 years, 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, USA passed the 3 amendment to the constitution, to ensure victory in the war results. 1865 entry into force of the Thirteenth Amendment abolished slavery; 1868 entry into force of the Fourteenth Amendment guarantee of personal freedom and rights without state intervention; in 1870 the Fifteenth Amendment is given the right to vote American black. The Fourteenth Amendment, in USA history sparked lawsuits countless. An important part of it is the States "within their jurisdiction, and shall not refuse to give anyone to equal protection of the laws". This is usually called "the equal protection clause," although it is intended to protect the freedom of the black people from the states of discrimination, but to the general provisions are also other ethnic group to use the constitution to protect themselves.

(a) benefit and V. Hopki 1886

Benefit and is a American some white oppression and the oppressed Chinese laundry boss. Chinese start of immigration to California soon, California has introduced some is not conducive to the measures of California Chinese immigrants, because Chinese hard work, the laundry has increasingly become the symbol in America Chinese business ability and economic success. This has seriously affected the laundry white owned. So, legislators design some delicate and complicated licensing system, and gives law enforcement officials basically arbitrary power. The door which makes all the Chinese boss application was set. The high court held that the equal protection of the Fourteenth Amendment, which is suitable for America citizens also apply to non citizens.

Beck v. Carle (two) 1962

The case of Beck the first time effectively prevent and correct the distribution of seats American states long-standing injustice, but also shows the judicial idea of the Supreme Court began to change significantly. As justice Holmes said: "we need to learn beyond our own beliefs, let the law to abolish the orderly changes we have important stuff."

(three) in 1963 cases of Gideon v. Wainwright

The provisions America sixth amendment to the constitution, the criminal defendant in court, have the right to consult a lawyer. However, because people in money and wealth inequality, this equality on the surface, in fact implies the essential inequality. Now in the American, expensive criminal lawyers have it doesn't matter too large and poor. People only need to fill out a special form in the court, that he can not afford to hire a lawyer on the line, this is like heaven diaoxianbing thing, is related to the Gideon case. After the case, the poor in the criminal procedure, can obtain legal assistance free of charge.