권력분산을 통한 권력공유의 묘(妙)
- Issue Date
- 서울대학교 미국학연구소
- 미국학, Vol.30, pp. 89-122
- 제한된 정부(limited government); 권력분산(separated institutions); 권력공유(sharing power); 주권분립(division of powers); 주간 관계(state-to-state relations); 미국 연방주의(US federalism)
- 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 1, Section 8 provide a constitutional
basis for thζ national governments 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.