题干

根据材料并结合所学知识回答问题 。

材料一  在美国宪法的制定过程中,一些政治家认为,“人民”和“人民的代表”(国会)是不同的;“人民”高于“人民的代表”;“由人民制定、政府不能更改的”宪法高于“由政府制定、政府能够更改的”普通法律;国会的立法如果违宪,“自然不能使之生效”。根据这些理论,最高法院有权审查国会立法和总统行政命令是否符合宪法。但是,1787年美国宪法没有相关规定,即未建立起司法审查制度。在初期美国政府中,既无财权、军权又无民意基础的最高法院的地位明显低于总统和国会。

    ——摘编自(美)汉密尔顿等《联邦党人文集》

材料二  1803年,最高法院对“马伯里诉麦迪逊案”做出判决:法院不能行使宪法没有授予的权力,国会通过的立法如果违背宪法则无效。该判例确立了最高法院有权审查国会立法或总统行政命令是否违宪的司法审查制度,从而使最高法院足以与国会或总统相制衡。

    ——摘编自(美)伯纳德 施瓦茨《美国法律史》

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    One morning while Officer Vogel was on his coffee break in a restaurant, a man ran in a yelled. "Officer! A little kid is driving a car down the street!"

    He ran out at once and saw a car going slowly—about 25 miles an hour—but it was going very straight. He jumped into his police car and followed it. When the car was stopped, Officer Vogel looked inside. The driver was a little boy. His name was Rocco Morabiro and was 5. In the back seat was his two-year-old sister. Both children wen crying.

    "I want my mummy!" the boy cried."But she can't get here. I have the car." Then he had an idea."Just a minute." He told Officer Vogel."I can drive. I'll go to get her."

    "No!" Officer Vogel said. "You stay with me!" Then he drove them to the police station and he called their mother. They had many questions for Rocco. The first question was: "Where did you get the car keys?"

    Rocco said. "From the top of the refrigerator."At seven that morning Rocoo's father was work and his mother was sleeping, Rocco saw the keys on top of the refrigerator. He climbed on a chair, and took the keys.

    Rocco got into the car and started the engine (引擎). When Rocco's sister heard the engine she ran to the car and cried. She wanted to go with him.

    It was 7 a.m.—rush hour—so there was much traffic. Rocco drove one mile in heavy traffic. Then Officer Vogel stopped him.

    Newspapers and TV stations heard about Rocco, and a lot of reporters went to his house. A reporter asked Rocco, "What do you want to be when you grow up?"

    "A truck driver,"he said, smiling.