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[简答题]V. (Constitutional Law and Administrative Law)
The Constitution empowers and restricts different officials differently. A constitutional claim is a claim that a particular government actor has exceeded a grant of power or transgressed a restriction. But because different government actors are vested with different powers and bound by different restrictions, one cannot determine whether the Constitution has been violated without knowing who has allegedly violated it. The predicates of judicial review inevitably depend upon the subjects of judicial review. Current practice speaks, euphemistically, of challenges to “statutes,” thus obscuring the subjects of constitutional claims. But the Constitution does not prohibit statutes; it prohibits actions—the actions of particular government actors. Thus, every constitutional inquiry should begin with the subject of the constitutional claim. And the first question in any such inquiry should be the who question: who has allegedly violated th
A. A.a particular government actor has exceeded a grant of power.
B.the Constitution empowers and restricts different officials differently.
C.different government actors are vested with different powers.
D.different government actors are bound by different restrictions.