宪政文化从观念上说强调国家强制性权力受到约束,确切地说就是用法律限制政府权力。从制度上说,大体是指能有效地防止政府擅权专断而将政府权力分离,由不同的机关各司其职的权力分立和制衡等一系列制度安排,借以治理国家。本文用“对抗性”对美国宪政文化特征进行描述,有两层意思:一是意在说明西方以对抗性理论为基础的审判权和以治理权为核心的政府权力的关系史,对分析20世纪美国宪政文化的发展变革,仍有实践价值,即使在今天,谋求 Constitutional culture, from the concept of stress that state mandatory power constraints, that is to say that the law restricts government power. In terms of system, generally refers to a series of institutional arrangements that can effectively prevent the government from arbitrarily and arbitrarily separating the power of the government, separating and balancing the powers of different organs in their duties, so as to govern the country. This article uses “confrontation” to describe the cultural characteristics of the constitutional government in the United States, which has two meanings: First, it is intended to illustrate the history of the relationship between the judicial power based on adversarial theory in the West and the government power centered on the power of governance. Analyzing the development and transformation of American constitutional politics in the 20th century is still of practical value. Even today,