권력분산을 통한 권력공유의 묘(妙)
Separated Institutions Sharing Power
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초록
Federations divide power among multiple orders of government so both national and state governments have their own duties and responsibilities. In doing so, federalism promotes an idea of limited powers, that is, a government of separated institutions sharing power, as principles of government. Federal systems also face extraordinary problems of keeping each state from going its separate way, i.e. state-to-state or intergovernmental relations. The US Constitution, however, neither mentions ‘federalism’ nor lays out specifics about how powers are divided among multiple orders of government. The Tenth Amendment simply states that powers not delegated to the national government are reserved to the state or the people, while the so-called commerce and ‘necessary and proper’ clause in Article I, Section 8 provide a constitutional basis for the national government’s powers which are not limited by powers reserved to the states or the people. This paper surveys the principles of government included in the US Constitution, especially federalism, judicial review, and limited government.
Abstract
Federations divide power among multiple orders of government so both national and state governments have their own duties and responsibilities. In doing so, federalism promotes an idea of limited powers, that is, a government of separated institutions sharing power, as principles of government. Federal systems also face extraordinary problems of keeping each state from going its separate way, i.e. state-to-state or intergovernmental relations. The US Constitution, however, neither mentions ‘federalism’ nor lays out specifics about how powers are divided among multiple orders of government. The Tenth Amendment simply states that powers not delegated to the national government are reserved to the state or the people, while the so-called commerce and ‘necessary and proper’ clause in Article I, Section 8 provide a constitutional basis for the national government’s powers which are not limited by powers reserved to the states or the people. This paper surveys the principles of government included in the US Constitution, especially federalism, judicial review, and limited government.
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