On The Vertical Separation Of Powers

The USA is a federalism country in the world. The development of itseconomic and politics had had a great influence in the world. The federalism isfound in the American Constitutional Law. There are specific articles thatdistinguish the power of federalist government, the state governments and both ofthem. The longitudinal separation of powers is what divides the powers betweenthe Central government and the state governments. In this article, there are threeparts: first, why is there decentralization being existed; second, how to decentralizethe powers, and the theoretical value to our country of this decentralization theory.In the first part, we will talk about the necessity of centralization and theinterests of decentralization. Through the centralization, an efficient centralgovernment is found. This central government could make great progress of thewhole country at economic and politics. But the country must make use of thedecentralization taking length of the disadvantage of the centralization. Thedecentralization makes the local government keep autonomy and democracy.During the founding of the American Constitutional Law, the federalists and theanti-federalists have different ideas about the pattern of the future centralgovernment. The two parts argued greatly during the process. Finally, they made acompromise. And the American Constitutional Law is the result of thecompromise.In the second part, we mainly analyze the articles of American ConstitutionalLaw. Through analyzing the articles, we will define the powers between centraland local governments. Therefore, there are two topics in this part: the powers ofcentral government and the powers of local governments. When we discuss thepowers of the central government, we will make it through five manners. They areeconomic, law, administration military and so on. Because the articles about thepowers of the local governments are only two, we will discuss them through twomanners.In the third part, through contrasting the separation of powers between theUSA and China, we will find the different theory origins. Just because of thetheoretical difference, there are many problems in the practice of our countrybetween the local and central government relations. Therefore, we must resolvethe theoretical problems firstly. Finally, if we want to have a rule by law country, we must handle the centraland local government relationships adequately. This is because the aim of the ruleby law is to control the powers and protect the rights. Therefore, we must payattention to the theory of decentralization.