Hello everyone! This is my summary on the study of the U.S. Constitution .
In the last class,we learned about the U.S. constitutional system.
In the first class, we talked about the constitution of the United States, and briefly compared with China's constitution. By comparison, we can know that the U.S. Constitution has been well executed through Judicial Review(复审fu4shen3) System. Since
China now in a reform environment , it has not yet used the constitution review activity. In addition, our teacher introduced us the U.S. interstate commerce(商务shang1wu4). In Article? Section
8 of the U.S. Constitution, Congress has the power " To regulate commerce with foreign nations, and among several states, and with the Indian Tribes(部落bu4luo4)". It implys the Dormant(隐匿的
yin3ni4de) Commerce Clause(条款tiao2kuan3) that prohibiting(禁
止jin4zhi3) a state from passing legislation that improperly burdens or discriminates against interstate commerce. However, where Congress has not enacted legislation, the states are free to regulate local transactions(交易jiao1yi4) affecting interstate
commerce subject(受制shou4zhi4) to certain limitation. From these,
we can see the division of powers between the U.S. Federal and state.
In the second class, we discussed an unconstitutional case, the city of Philadelphia V. New Jersey. New Jersey state enacted the Waste Control Act in which the treatment and disposal of waste which originated or was collected outside the state are forbidden to protect its environment. Contrary, The plaintiff's(原告yuan2gao4)
opinion was that the Act is in the name of environment protection actually to protect its economy without thinking about interstate commerce. Differently, The U.S. Supreme(至高的zhi4gao1de)
Court held the opinion that the Act's legislative purpose need not to be resolved since its resolution would not be relevant the constitutional issue to be decide. Actually, the veil of protectionism can reside in legislative means and legislative ends. The Act treats same harmful waste differently just because of their origin(来源
lai2yuan2) violates(违犯wei2fan4) the principle of
nondiscrimination(不歧视bu4qi2shi4), and results in stemming(阻
碍zu3ai4) of interstate commerce violates the Commerce Clause of the U.S. Constitution.
2010 10 01 LIAO NINGSHENG