A Study Of The "negative List Of Powers" In The US Constitution

As a constitution of limiting power,the United States constitution enumerates the “Negative List of Power”,which mainly reflected in its Section 9 and Section 10 of Article I and the First Amendment,to limit the power of the federal government and American states.The “Negative List of Power” is unique in the power system that it stipulates restrictive provisions of taxes,human rights,currencies,military and other aspects of the power.The essence of the list is to balance the power and the rights.It is not only a list of law,but also a list of policy and society.The “Negative List of Power” of the United States constitution is different from "Negative List" and "Rights List".It is influenced by a combination of multiple factors,such as the history,culture,religion,classical liberalism,the Magna Carta and so on.It reflects a very strong national feature and legal pursuit.If we make further research of the “Negative List of Power” of the United States Constitution from a system perspective,by combining theoretic exploration and positive analysis and analyzing why it forms,how it works and what it brings,we will find out the epochal character,continuity,compromise and innovativeness it has.The judicial application of the “Negative List of Power” of the United States Constitution reaches a compromise result from benefit game and makes sense of balancing power and rights in modern society.The “Negative List of Power” of the United States Constitution has offered the source of constitutional limit,given people a chance to discuss and supervise the government and promoted anti-corruption reform with far-reaching historical and practical implication.We are exploring the balance mechanism for protecting the rights of people and limiting the power of government under the rule of law.The author aims to wellunderstanding the United States Constitution and the the PRC Constitution by studying the factors and effects of the “Negative List of Power” of the United States Constitution.Republic and good legal environment are necessary to the “Negative List of Power” of the United States Constitution.Based on the judicatory application of the “Negative List of Power”,we can realize that it is used for reference in the legislation of our country,to some degree.According to the study above,the author suggests that we could take example by the “Negative List of Power” of the United States Constitution,such as “No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them,shall,without the consent of the Congress,accept of any present,emolument,office,or title,of any kind whatever,from any king,prince,or foreign state.” Simultaneously,we could set “Negative List of Power” in our Constitution and link up to the Administrative Law in order to establish a “Negative List of Power” system with Chinese characteristics.These measures would perfect the three lists we have made and bring a new thinking trail for Anti-corruption bid and the Establishment of Socialist Rule of Law in China.