188. The Supreme Court.
188.最高法院
But the greatest difference of all was to be found in the Supreme Court of the United States provided in the Constitution. The new Congress would have very large powers of making laws. But the words defining these powers were very hard to understand. It was the duty of the Supreme Court to say what these words meant. Now the judges of the Supreme Court are very independent. It is almost impossible to remove a judge of this court, and the Constitution provides that his salary cannot be reduced while he holds office. It fell out that under the lead of Chief Justice John Marshall the Supreme Court defined the doubtful words in the Constitution so as to give the greatest amount of power to the Congress of the United States. As the laws of the United States are the supreme laws of the land, it will be seen how important this action of the Supreme Court has been.
最大的差异在于基于《宪法》成立美国最高法院。新国会有很大的立法权,但是,很难理解那些对这些权利作出限定的语词,最高法院的职责就是解释这些语词的意思,最高法院的法官有很高的自主权。几乎不可能撤换掉最高法院的法官,宪法规定法官在职期间不许降低其工资。结果,在首席大法官约翰o马歇尔的领导下,最高法院对宪法中不确定的语词作出定义,从而使得给予美国国会的权力达到极致。由于美国宪法是美国的最高法律,我们可以看出设置这个最高法院是多么重要。
189. Objections to the Constitution.
189.对《宪法》的反对意见
The great strength of the Constitution alarmed many people. Patrick Henry declared that the government under the new Constitution would be a national government and not a federal government at all. Other persons objected to the Constitution because it took the control of affairs out of the hands of the people. For example, the Senators were to be chosen by the state legislatures, and the President was to be elected in a round-about way by presidential electors. Others objected to the Constitution because there was no Bill of Rights attached to it. They pointed out, for instance, that there was nothing in the Constitution to prevent Congress from passing laws to destroy the freedom of the press. Finally a great many people objected to the Constitution because there was no provision in it reserving to the states or to the people those powers that were not expressly given to the new government.
《宪法》的强制性让许多人感到惊慌。帕特里克o亨利宣布新宪法领导下的政府是一个国民政府,而不再是一个联邦政府。有的人反对宪法,认为它从人民手中剥夺了控制事务的权力,例如,参议院要通过州立法机关选定,总统要通过总统的选民间接地选出来。有的人反对宪法是因为它没有配套的权利法案,例如,他们指出,宪法中没有阻止国会通过法律破坏新闻自由的内容。最后,反对宪法的绝大部分人的理由是,它没有向各州和人民保留没有明确给予新政府的那些权力。