论文部分内容阅读
美国建国初期,绝大多数商业公司都由各州议会颁发特许状建立。不过,每当有人提议由国会授权建立商业公司时,都会引发争论和反对。反对者提出,国会没有被赋予建立商业公司的权力。建国精英对商业公司授予权归属的立场,在一定程度上反映了他们对于中央政府与各州政府权力范畴上的态度。特别是制宪会议之后,虽然联邦权威得到了加强,但宪法并没有在联邦与各州的权力上划定明确界限,联邦与各州在权力上不断博弈。在博弈中,各自权力的范畴,在于政治精英在面对具体问题时对公共利益的理解,以及对各种利益关系的衡量。
In the early days after the founding of the United States, the vast majority of commercial companies were established by the parliaments of each state. However, arguments and objections arose whenever anyone proposed that Congress should authorize the establishment of a commercial company. Opponents suggested that Congress was not empowered to establish a commercial company. To a certain extent, the position taken by the founding elites in awarding ownership of commercial companies reflects their attitude towards the scope of power of the central government and the state governments. Especially after the Constituent Assembly, although the federal authority has been strengthened, but the Constitution does not delineate a clear line between the federal and state powers, the federal and state continuous game of power. In the game, the scope of their respective powers lies in the political elites’ understanding of the public interest in the face of specific problems and the measurement of the various interests.