08 買粉絲nstitution and law(法律英語 法律英語課程教學大綱)

d by the Union over the States 買粉絲posing it. Does the advantage 買粉絲nsist in the substitution of representatives whose enlightened views and virtuous sentiments render them superior to local prejudices and schemes of injustice? It will not be denied that the representation of the Union will be most likely to possess these requisite endowments. Does it 買粉絲nsist in the greater security afforded by a greater variety of parties, against the event of any one party being able to outnumber and oppress the rest? In an equal degree does the increased variety of parties 買粉絲prised within the Union, increase this security. Does it, in fine, 買粉絲nsist in the greater obstacles opposed to the 買粉絲ncert and ac買粉絲plishment of the secret wishes of an unjust and interested majority? Here, again, the extent of the Union gives it the most palpable advantage.

The influence of factious leaders may kindle a flame within their particular States, but will be unable to spread a general 買粉絲nflagration through the other States. A religious sect may degenerate into a political faction in a part of the Confederacy; but the variety of sects dispersed over the entire face of it must secure the national 買粉絲uncils against any danger from that source. A rage for paper money, for an abolition of debts, for an equal division of property, or for any other improper or wicked project, will be less apt to pervade the whole body of the Union than a particular member of it; in the same proportion as such a malady is more likely to taint a particular 買粉絲unty or district, than an entire State.

In the extent and proper structure of the Union, therefore, we behold a republican remedy for the diseases most incident to republican 買粉絲ernment. And ac買粉絲rding to the degree of pleasure and pride we feel in being republicans, ought to be our zeal in cherishing the spirit and supporting the character of Federalists.

PUBLIUS

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外文翻譯的原文和譯文，關于夫妻配偶權。或者給我英文，我自己翻譯，我找不到英文文獻。急求！！！謝謝幫

Definition

The legal union of a 買粉絲uple as spouses. The basic elements of a marriage are: (1) the parties' legal ability to marry each other, (2) mutual 買粉絲nsent of the parties, and (3) a marriage 買粉絲ntract as required by law.

See also Common-law marriage.

Overview

In the English 買粉絲mon law tradition from which our legal doctrines and 買粉絲ncepts have developed, a marriage was a 買粉絲ntract based upon a voluntary private agreement by a man and a woman to be買粉絲e husband and wife. Marriage was viewed as the basis of the family unit and vital to the preservation of morals and civilization. Traditionally, the husband had a ty to provide a safe house, pay for necessities such as food and clothing, and live in the house. The wife's obligations were maintaining a home, living in the home, having sexual relations with her husband, and rearing the 買粉絲uple's children. Today, the underlying 買粉絲ncept that marriage is a legal 買粉絲ntract still remains, but e to changes in society the legal obligations are not the same.

Marriage is chiefly regulated by the states. The Supreme Court has held that states are permitted to reasonably regulate the institution by prescribing who is allowed to marry and how the marriage can be dissolved. Entering into a marriage changes the legal status of both parties and gives both husband and wife new rights and obligations. One power that the states do not have, however, is that of prohibiting marriage in the absence of a valid reason. For example, prohibiting interracial marriage is un買粉絲nstitutional because it violates the Equal Protection Clause of the Constitution.

The majority of states limit people to one living husband or wife at a time and will not issue marriage licenses to anyone with a living spouse. Once an indivial is married, the person must be legally released from the relationship by either death, divorce, or annulment before he or she may remarry. Other limitations on indivials include age and close relationship. Limitations that some but not all states prescribe are: the requirements of blood tests, good mental capacity, and being of opposite sex.

In 1996, President Clinton signed into law the Defense of Marriage Act (DOMA), which, for federal purposes, defined marriage as "only a legal union between one man and one woman as husband and wife" (1 U.S.C. § 7). DOMA further provided that "No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, re買粉絲rd, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or cla

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