| | THE AMERICAN CONSTITUTION: INTRODUCTION AND OVERVIEW (Site not responding. Last check: ) |
 | | Indeed, American constitutional case law is itself sometimes consulted by the constitutional courts of these countries-not because it is in any way binding, but because of an interest in how certain things got decided, and how they might (or might not) fit another nation's law. |
 | | With respect to its vested national powers, the Constitution distinguishes them by kind (legislative, executive, and judicial), and requires generally that the exercise of each proceed from the department to which it is confined. In brief, it provides for the checks and balances of separated powers horizontally. |
 | | With respect to the states, in contrast, the Constitution requires no particular separation of powers among their departments of government and the powers not preempted or constitutionally denied to the states are those they derive from their respective state constitutions rather than from the national constitution. |
| www.law.duke.edu /curriculum/courseHomepages/Spring2001/120_02/syllabus.html (2275 words) |