出刊年月/Date of Publishing

1985.12

所屬卷期/Vol. & No.   第15卷第4期 Vol. 15, No. 4

類型/Type                 研究論文 Research Article

篇名/Title
從制憲過程探討美國總統任期制度之形成
The Origin of the American Presidential Tenure of Office: A Study of the Consensus Building of the Constitutional Framers

作者/Author
楊光中 Guang-Jong Yang

頁碼/Pagination
pp. 1-48

摘要
美國總統任期是1787年聯邦制憲會議討論的主題之一，也是制憲代表們意見最分歧的議題。幾經激烈辯論後，最終確立美國總統的任期為一屆四年，且連選得以連任。

這項決議是經過來自數州的55位代表逐步協商所達成。雖然出席代表們各自所考慮的層面不一，但對於美國總統任期之所以能達成共識有如下可尋之脈絡：

一、同意孟德斯鳩的「三權分立」原則。

二、總統如可連任則任期應短，不得連任則任期宜長。

三、總統可以連選連任，尤其是在一個新誕生未久的民主國家面臨重大危機的時候。

四、總統不應由國會選舉產生，但如選舉人選舉無法產生確定性結果時，須以國會選舉的方法做為備用，以補其不足。

五、總統任期四年的共識最後形成。

總統得連選連任之決議，一方面是鼓勵在位總統竭盡所能為人民服務以爭取連任，另一方面則讓行政部門的地位更加穩定，使行政部門能充分發揮監督與制衡立法部門的力量，以保障美國人民的自由與權利。

Abstract
The term of office of the President was one of the principal problems over which the opinions of the delegates to the Constitutional Convention of 1787 were greatly divided. After much deliberation the constitutional framers finally decided the term at four years and refused to limit the number of terms to which the people might elect a President.

Step by step the consensus of decision on the presidential term was formed among the fifty-five delegates from the several states. According to the degree of difficulty which they had confronted, the consensus of the founding fathers was reached one by one as follows:

l. The principle of the separation of powers.

2. If the President was to be re-eligible, a shorter term was preferable; if he was ineligible for a second time, a longer term was preferable.

3. The President should be re-eligible, especially in the emergencies of the nation.

4. The President should not be chosen by the national legislature. But, if the electoral college failed to choose the President, the House of Representatives should hold the run-off which could serve as a contingent method of the presidential election.

5. The presidential term was fixed at four years.

The four-year term with re-eligibility was an arrangement which contributed to the strengthening of the efficiency and prestige of the executive by encouraging the President in office to do his best to serve the people in order to win the re-election. Then the executive might carry more weight to function as check and balance on the legislature for the purpose of protecting the liberty and rights of the people of the United States.

關鍵字/Key Word
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DOI
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學門分類/Subject
政治學 Political Science