미국 헌법상 연방주의 발전사 연구

• 영문명: The Evolution of Federalism in the United States
• 발행기관: 유럽헌법학회
• 저자명: 문재완(Moon, Jae-Wan)
• 간행물 정보: 『유럽헌법연구』제4호, 63~100쪽, 전체 38쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.12.30

영문 초록

Federalism is an idea that protects civil liberties by sharing the power between national and state governments. In federalism, sovereignty is constitutionally divided between nation and state governments. American history shows that federalism was born not by the theory, but by the compromise. Federalism has evolved without reaching a consensus on the relationship between state governments and federal government. American federalism can be divided into four eras. From 1787 when the 55 delegates to the Constitutional Convention made official the Constitution of the United States, to 1789 when the United States introduced Bill of Rights, there were harsh debates between federalists and anti-federalists. Federalists were on the side of strong federal government, while anti-federalists worried about the excessive power exercised by the elected monarchy. The second era is called dual federalism, which means that the federal government and the state governments are sharing independent sovereign equally. Under the theory of dual federalism, the federal government could exercise the power only if the Constitution clearly grants such, which leads to a result that the states or the people have a large amount of powers. The Great Depression starting in 1929 changed the whole picture. President Franklin D. Roosevelt carried out aggressive polices, called New Deal, which required that national, state, and local government interact cooperatively and collectively to solve the common economic crisis. This new idea, cooperative federalism, is totally different from dual federalism. In 1960s President Lyndon B. Johnson proposed a set of domestic programs called the Great Society, the goals of which were to eliminate poverty and racial injustice. The role of central government had expanded under the Great Society project. Federalism under the President Johnson is often called the creative federalism, which is basically the same as cooperative federalism. The relationship between federal government and state governments has changed since 1980s when the Republic Party took both legislative and executive powers. The new governing party has tried to restore the value of dual federalism and transfer powers from federal government to state governments. The history of federalism in the United States clearly demonstrates that federalism cannot be defined in a single sentence.

목차

Ⅰ. 미국 연방주의에 대한 개괄적 기술

Ⅱ. 연방주의의 헌법상 구조

Ⅲ. 연방주의의 발전사

Ⅳ. 맺는 말

참고문헌

〈Abstract>

키워드

권력분립 상거래 조항 이원적 연방주의 협력적 연방주의 창의적 연방주의 신 연방주의 separation of powers commerce clause dual federalism cooperative federalism creative federalism new federalism