美国作文之美国议案和法案的区别

美国议案和法案的区别

【篇一：美国法典和美国联邦法规区别

(u.s.c

和

cfr)

】

the united states code is divided into 50 titles (listed below),

which deal with broad, logically organized areas of legislation.

titles may optionally be divided into subtitles, parts, subparts,

chapters, and subchapters. all titles have sections as their

smallest basic coherent unit, though sections are often divided

into subsections, paragraphs, and clauses. not all titles use

the same series of subdivisions above the section level, and

they may arrange them in different order. for example, in title

26 (the tax code), the order of subdivision runs title - subtitle -

chapter - subchapter - part - subpart - section - subsection -

paragraph - subparagraph - clause - subclause. in title 38

(veterans benefits) the order runs title - part - chapter -

subchapter - section. put another way, the title is always the

largest division of the code, and the section the smallest

(except for subsections, paragraphs, clauses, etc.), but

intermediate levels vary in both number and sequence from

title to title.

the word title in this context is roughly akin to a printed

volume, although many of the larger titles span multiple

volumes. similarly, no particular size or length is associated

with other subdivisions; a section might run several pages in

print, or just a sentence or two. some subdivisions within

particular titles acquire meaning of their own; for example, its

common for lawyers to refer to a chapter 11 bankruptcy

or a subchapter k partnership.

a sample citation would be 5 u.s.c. 552a, the privacy act of

1974. a lawyer would read that out loud as title five, united

states code, section five hundred fifty-two a.

when sections are repealed, their text is deleted and replaced

by a note summarizing what used to be there. this is necessary

so that lawyers reading old cases can understand what the

cases are talking about. as a result, some portions of the code

consist entirely of empty chapters full of historical notes. for

example, title 8, chapter 7 is labeled exclusion of chinese. this

contains historical notes relating to the chinese exclusion act,

which is no longer in effect.

the code of federal regulations (cfr) is the codification of the

general and permanent rules and regulations (sometimes

called administrative law) published in the federal register by

the executive departments and agencies of the federal

government of the united states.

the cfr is published by the office of the federal register, an

agency of the national archives and records administration

(nara).

the cfr is divided into 50 titles that represent broad areas

subject to federal regulation.

background

every regulation in the cfr must have an enabling statute, or

statutory authority. the united states code (u.s. code) precedes

the cfr and contains statutes enacted by congress. the cfr

contains regulations, which spell out in further detail how the

executive branch will interpret the law.[1] the two documents

represent different stages in the legislative process. the u.s.

code is a codification of legislation, while the cfr serves as

administrative law. administrative law exists because the

congress often grants broad authority to executive branch

agencies to interpret the statutes in the (and in

uncodified statutes) which the agencies are entrusted with

enforcing. congress may be too busy, congested, or

gridlocked to micromanage the jurisdiction of those agencies

by writing statutes that cover every possible detail, or

congress may determine that the technical specialists at the

agency are best equipped to develop detailed applications of

statutes to particular fact patterns as they arise.

under the administrative procedure act, the agencies are

permitted to promulgate detailed rules and regulations through

a public rulemaking process where the public is allowed to

comment, known as public information. after a period of time,

the rules and regulations are usually

published in the federal register.

the parallel table of authorities and rules in the index to the cfr

correlates laws with their regulations using u.s. code citations,

statutes at large citations and public law numbers.[2]

effect of administrative law

the rules are treated by the courts as being as legally binding

as statutory law, provided the regulations are a reasonable

interpretation of the underlying statutes. this reasonable

interpretation test or chevron doctrine was articulated by the

u.s. supreme court in a unanimous decision (six voting, three

recused) involving a challenge to new clean air act regulations

promulgated by the reagan administration in 1981. see chevron

u.s.a., inc. v. natural resources defense council, inc.[3]

for example, if congress enacted a law that simply stated that

there are not to be excessive levels of mercury in any

significant body of water in the united states (but defined

things no further), an entity designated, as part of the law, to

enforce it (probably the united states environmental protection

agency (epa)) could define in a scientific way what an

excessive level of mercury is, as well as what constitutes a

significant body of water. the agencys definitions and its plan

of enforcement for what congress intended (along with listed

penalties for

violation coming from congress unless congress specified

otherwise) will all go into the cfr.

also, enabling legislation can be passed by congress which

gives a federal non-congressional entity wide latitude in

creating rules (law of bases). for example, the epa could be

designated by congress to promulgate rules that control

harmful pollutants; the agency could then promulgate broad

rules (including definitions and enforcement provisions), in the

absence of existing specific laws, to control lead emissions,

radon emissions, pesticide emissions, and so forth. such rules,

including any definitions and enforcement provisions created

by congress or the agency, will all go into the cfr.

publication of administrative law

the rules and regulations are first promulgated or published

in the federal register. each is given a cfr citation, such as 42

cfr 260.11(a)(1), that can be cited immediately, without waiting

for a page number from the physical copy. the aforementioned

citation would be read, title 42, part 260, section 11, paragraph

(a)(1).

nara also keeps an online version of the cfr, the e-cfr, that is

normally updated two days after changes to the regulations,

that have been published in the federal register, become

effective.

【篇二：美国国会立法程序三部解读】

美国国会立法程序

解读一

*

国会成员

*

在美国，国会是最高级的立法机构。

美国国会分众议院和参议院两

院。

众议院议员有

435

人，每一名议员代表一个国会选区，任期为两年。

众议院里议员的席次是以每一 个州的人口依比例计算，比方说加利

福尼亚州人口众多，选区也多，所以在众议院里就有

53

名众议员代

表加利福尼亚州；相反 的，怀俄明州虽然面积广大，但是人口稀少，

所以整个州就算一个国会选区，在众议院里 只有一个席位。

不过参议院就不同 ，不管州的面积和人口多少，每一个州都有两名

参议员，所以参议院里总共有