On The Constitutional Non-judicial Safeguard Of America From 1788 To 1803

The adjudicate on the case of Marbury V. Madison in 1803 established the judicial review system also called the judicial safeguard of American Constitution, before this adjudicate the system of constitutional safeguard of America was non-judicial. This thesis studied the period, which from the effective date of American Constitution to the judgment of Marbury V. Madison was given. The thesis introduced the constitutional itself safeguard, President safeguard, Congress safeguard and other safeguard. The thesis revealed the value of these systems and indicates the constitutional non-judicial safeguard of America provided good norms for the operation of constitution. The constitutional non-judicial safeguard of America is beneficial to prosecute unconstitutional liability, maintain the constitutional order and strengthen the citizen's sense of supremacy of constitution and the authority of constitution. The thesis analyzed deficiencies of the constitutional non-judicial safeguard of America: it didn't have an organ to interpret the constitution and didn't entitle an organ the power of review of constitutionality. Despite these deficiencies, the Constitution of America operated favorably from 1788 to 1803.This fact showed the function of the constitutional non-judicial safeguard of America can't be neglected. This thesis can change the situation that the research on the judicial safeguard of American Constitution is very intensive but the research of the constitutional non-judicial safeguard of America is very superficial in certain degree. This thesis can eliminate the wrong standpoint that the judicial review system is the sole constitutional safeguard .It remarked the constitutional non-judicial safeguard of America objectively and fairly and made up for the research of the constitutional safeguard of America.