미국 연방의회의 입법에 관한 권한 및 한계에 관한 연구

The legislative power of the United States is unique to the Congress and is stipulated in Article 1 of the United States Federal Constitution. The legislative power of the Federal Assembly is subject to intrinsic and external restrictions. Intrinsic restrictions refer to restrictions limited to the matters listed in Article 1 of the Federal Constitution, and external restrictions refer to restrictions derived from the separation of powers and the principle of federalism. The legislative power of the Federal Assembly is subject to inherent and external restrictions, but its scope is very broad. The Federal Assembly has legislative power over all affairs of the state, which determines the state's policies and protects the rights and interests of the people. The legislative power of the Federal Assembly has been extended by necessary and appropriate provisions and implied or inherent powers. Necessary and appropriate provisions mean that the Federal Assembly can exercise legislative power on the grounds of the needs and appropriateness of the state. Implicit or intrinsic power means that the legislative power of the Federal Assembly can be inferred from other powers of the Federal Assembly. The legislative power of the Federal Assembly is subject to intrinsic and external restrictions. Intrinsic restrictions refer to restrictions limited to the matters listed in Article 1 of the Federal Constitution, and external restrictions refer to restrictions derived from the separation of powers and the principle of federalism. In the end, the legislative power of the United States has the following characteristics. ① They include restrictive powers subject to intrinsic and external restrictions, ② broad authority over all affairs of the State, and ③ necessary and appropriate provisions and extensions by implied or intrinsic authority. Today, legislative power in the United States is actually dominated by the administration due to the increase in delegated legislation. Delegated legislation refers to giving the administration discretion to set specific details of the law. Due to the increase in mandated legislation, the administration can not only enact laws, but also decide the contents of laws. This has resulted in weakening the legislative power of the Federal Assembly and strengthening the legislative power of the executive branch. The legislative power of the United States can also be viewed as an authority to reflect the will of the people. As a democratic country, the basic principle is that the will of the people should be reflected in the policy of the country. The Federal Assembly is the representative body of the people and plays a role in reflecting the will of the people in the law. Therefore, the legislative power of the Federal Assembly gives a sufficient range of authority to reflect the will of the people. Legislative power in the United States is a limited authority subject to intrinsic and external restrictions, but it has extensive authority over all affairs of the state. It can also be extended by necessary and appropriate provisions and implied or inherent authority. However, today, due to the increase in delegated legislation, it is actually dominated by the administration, and Congress can be seen as an authority to reflect the will of the people.