Source: consensus network

Authors: Liu Jianxiang

 

A constitution is a constitution, American talks (deliberative constitution)

(a) about the word "Deliberation" translated as "discourse understanding and why"

The word Deliberation has two aspects the dictionary meaning of both "deliberation" and "Prudential" meaning. The so-called "deliberative" is prudent, over in one's mind; the so-called "know" is open to debate, rational discussion, exchange of views. The word "deliberative" meaning, "careful and deliberate consideration and discussion (or discussion)", "number of people together to consider and review those who support and oppose a proposal or plan of action for". understanding of "Deliberation" and "deliberative" one word, revival and must be put on the "deliberative democracy" this theory development background. According to Elster (Jon Elster) said, "deliberative democracy" should also have "deliberative part" and "democratic part": "deliberative part" refers to the decision by participants to controversy and debate ways (by means of arguments) made, these participants are committed to rational, avoid leaning to either side and fair value in the debate process in (the values of rationality and impartiality); "democratic part" refers to all have a collective decision of restriction and influence of themselves or their representatives should be involved in this decision process. visible, democracy emphasizes is involved, "deliberative" or "deliberation" emphasizes the debate (debate), discussion and debate (argue (discussion).

What is the Deliberation, regardless of the results or from the definition, process definition, it and debate, discussion, dialogue related. From the definition, which is composed of AC, and communication (Communication) and the inherent change in preferences, according to this definition, propaganda and rational argument are regarded as "Deliberation"; from the process definition, it is before making collective decisions each people are saying and listening (speak and (listen) dialogue conversation). "Deliberative democracy" (Argumentation), it depends on the debate not only carried out by argument, but must acquire legitimacy by argument.

Capacity has a speech or reasoning, Aristotle will therefore defined man as saying the existence and the existence of politics. Starting from the discussion of Aristotle's, Ahrendt constructed the free action theory and the theory of public domain, construction procedure, and in the formation of views on the public domain system, the value and meaning of words and the debate highlights. She think the argument form the essence of political life. Speech (speech) is the opposite of violence, is traditionally one of the most humane way of communication. become political, which means everything depends on the discourse and persuasion, rather than depending on violence and. Ahrendt's political thoughts constitute an important source of ideas of deliberative democracy theory, and the influence of Habermas's theory of discourse democracy. Habermas's use of "debate" from the three levels of dialogue theory is discussed. He put the debate dialogue as a process, its intent to convince the general audience, as a representation for universal consent; a program, its intention is to reason the agreed to end the validity of the hypothesis representations of argument; a special product, its intention is to demonstrate the validity of a the basis or re confirm.

The word "deliberative" itself to each member to debate the right (the right of debate). because when the decision process through public discussion is reached, where all participants can comment freely and is willing to equality to listen to and consider different opinions, the democratic system is the negotiation (discuss) properties. therefore, the word "deliberation" translated as "negotiation" between rationality, freedom, to highlight the equality debate, speech and listening to people through the exchange of opinions, the equality as the default program for each other through persuasion and argumentation.

The word "deliberation" translated as "Discourse" and a layer of thinking, is this a word China context. Translated as "consultation", it seems to make the political consultation system, deliberative democracy theory and China actually, in Chinese context, political consultation system of the actual operation is more a collection, notification and communication in the age of information and opinion, communication and Deliberation strong conditioning debate, equality and freedom of opinion has great difference. Because, in the China context, Chinese political use of "discussion" one word is more of a flexible concept, removed the "fierce battle" strength, in most cases, "which is mainly a kind of mutual expression of opinion, and express the views of both may be true meaning expression reached in contrast, may also. More important is, 'present to discuss' the word also contains the final opinion' determination ', not' for a supply of sth. 'and' argument'." in addition, in the context of the debate China, understanding also has the very big difference, even distorted. In the eyes of the public, to win as the highest goal, the debate as the battlefield, "think that debate is amicable thing, in the front, deeply discussing it implicitly, circles, wishy washy; in turn, subconscious in the debate as a means of struggle, in the field of public debate, the Forum is vocal opposition."

However, the debate is the essence and core of democracy. No discussion, speech and debate, there is no democracy. Democracy is about rule, is to convince the political debate, is the Republic of china. In this kind of democratic theory, debate, discussion, persuasion is the core vocabulary of politics. In Barber's strong democracy theory, discuss (talk) is the core of democracy, including listening and speaking, feeling and thinking, action and reflection. Republican theorist Pettit put forward "contestable democracy" (contestatory democracy) concept, he believes that in accordance with the understanding of democratic debate, means that as long as people's individual and collective on the government's decision to enjoy permanent argument may be, so the government is a democracy, it is a people for the control of the government rule. Pei dieter:

A Republican political system to ensure the threat of government discretion not to a part of most people or community of interests and ideas, the only way is to make ordinary people could start arguments is the behavior of the government. This point clear to us, the ideal of democracy is not based on the so-called agreement (consent), but on the government behavior can be arguments (contestability): the important thing is to ensure the government behavior can withstand public debate, rather than they must is a product of people's will. 1

Firstly, and most importantly, democracy means that public consultation to some form of (about). According to the majority of deliberative democracy supporters say, when the method of decision-making through public discussion and debate developed, and involved citizens and civil representatives beyond the purely selfish and limited point of view, is the reflection of the public interests or common interests, political decision is legal. as Holmes said: "democracy is carried out by citizens in between the equal legal status with the rational, free discussion to rule, but is not only the implementation of most people,...... Not any will, but only played out in the full of vitality and debate in the form of will should be given the sovereign authority. Protected by law against the rights of (Rights of opposition) is therefore a basic norms of democratic government; it is the democratic form of public opinion, provides an important prerequisite."

Since democracy is to discuss the rule, its core is to discuss, debate and dialogue. The improvement and development of democracy, "the basic requirement is to improve the debate, discussion and persuasion and conditions". A few years of election is the last mechanism to ensure no abuse of power, and throughout the term, can happen every day debate is the mechanism most has the vitality, the most need mechanism is activated first. so, in an era of great change, a large open era, a diversity of interests, and high differentiation time, why to negotiate debate, discuss how to debate, what way, rules, procedures and conditions are helpful to the improvement of the debate, discussion and persuasion Such problems, the present stage China, has the enlightenment and the significance of what kind of? Is this a series of problems, promote me to attention in eighteenth Century America. Because American constitution is the constitution, discuss deliberative constitution, constitutionalism is the process America negotiating process, shows the debate and dialogue.

(two) America constitution is to discuss the Constitution

The constitution is the constitution America talks. It is the founding fathers with great enthusiasm, skillful political skills, serious and cautious attitude, keep calm to discuss, mutual persuasion, compromise between and effective cooperation, many hands, many heads over in one's mind, present results. Delegates to the Constitutional Convention Wilson said: "since the creation of the world over the past six thousand years, USA now for the first time by the people's assembly, carefully calmly weighed and peaceful decision constraints themselves and their descendants form of government." Connecticut mayor Dick Samuel Huntington said: "in the history of mankind, which is a new. So far, most of the government is autocratic and use force to foist one's opinions upon others. Prior to this, there has never been a nation in the peace and quiet environment, their representatives to gather together, for the common good, calmly discuss how to construct a system of government." Although Jefferson complained about the lack of draft constitution bill of rights, but to the constitution through peace rally over in one's mind and give heartfelt. In March 18, 1789 he wrote to a friend: "in the book, used to convene a national without calling in the army to change the constitution as examples, and we have become their tree example, is of value to the world. This constitution, as our results over in one's mind, no doubt is also dedicated to the human the wisest constitution."

The generation of the America constitution as out of the ordinary, even the one and only, because it is the result of the present. After most of the state or by accident, or because the command. America constitution is composed of many politicians mechanism, which lasted from March square design out; conducted extensive and profound debate as it is within the scope of national constitution; and, through the public representative program. "Thomas toling editing the anti Federalist collection" pointed out that, "the show is American debate, or is the dialogue."

There is good reason to debate, in eighteenth Century the age American, obviously is the most popular. Archbishop Tillotson sermon speech is the first half of the eighteenth Century was the most widely read books. He wrote, "three kinds of methods to persuade others to persuade others to do things or people only, or use your method, or by the authority, or by the debate." Tillotson said, "the people are convinced that there was every reason to do something, ask them or ordered them to believe that anything, is foolish." Bernard beling to American revolution booklet for research, he found, the booklet includes all forms of works -- the paper has the theory of politics, history, political essays, sermons, letters, poetry, the various motives in revolution center, views and concepts expressed Handbook for most is small. It is through this media booklet, "the strong framework" constitutional thought was able to develop, "the basic elements of revolution American political thought was the first to be published". these pamphlets "basically is the debate". Behring wrote: "exchange of different understanding of the problem became a revolutionary movement of the center, and the understanding of great usually show up in the best of brochure...... These pamphlets are through debate and not recognized by the public opinion to guide readers, can say the booklet aims to convince the reader." study through pamphlets, Behring said: "America revolution most one important point is: it is a field in the field of ideology, constitutional and political struggle, and basically is not a social group between whether to force a change in social and economic organization and the."

The constitution is not only the product of USA talks, debate and deliberation, and the constitution is designed to create discourse / deliberative democracy system. Bessette in 1980 published "Deliberative Democracy: the principle of majority" of representative government in the first proposed the concept of "deliberative democracy". In his view, as the core content of deliberative democracy, is the debate and discussion of public policy advantages and value, this process helps to show that certain values are higher than the other values. Deliberative democracy emphasizes the objective justice and social welfare, does not recognize the values are preference, and that practical rationality can be used to solve the social disputes. Through the interpretation of the "Federalist Papers", Besant think USA 1787 Constitution founders intended to create a deliberative democracy, that is to say, the complex procedures and systems must be able to control without thinking of public emotion, and make the most of people's opinions eventually prevailed over in one's mind. The famous scientist Sunstein in the "constitution biased constitution" pointed out in his book: USA constitution design is to create Deliberative Democracy (deliberative democracy. American constitution for the first time to establish a rational republic. Sunstein, said: "the government is constitutional America for talks, and Democracy (deliberative as well as democratic. The government is expected to the resolution of the public will respond; but the public system was also designed to ensure the exchange of information, a certain degree of reflection and the contact of different points of view. It is for this reason, for the realization of Deliberative Democracy (deliberative democracy) is a crucial feature of America constitutionalism." Tan in sens, traditional republicanism, especially in eighteenth Century inspired American republicanism holds a, for political views, citizens have equal rights and the political power, the public based on the common affairs through consultation to consider decision - they may not be biased toward any group, or even no support status; protocol as a regulatory ideal to determine the transaction should be how to. To sum up in a word, this view is Deliberative Democracy (deliberative democracy) point of view.

Ackerman's "two yuan" subjective "to distinguish normal politics (normal politics) and constitutional politics (constitutional politics) of the two different forms of political activity. He proposed constitutional moment (constitutional moments) concept, believes in the constitutional moment, people to talk through the mobilization and debate is an important process, constitutional politics is produced. In the constitutional politics, were mobilized people, the conflict will abandon the daily period caused by the self serving ambitions and factions, deeply, by thinking about social order problem fundamentally, establish the reasonable, with public spirit as the deliberative political guidelines (deliberative politics), engaged in advanced legislation, develop better rules. While in the normal politics, people do not speak directly but through various systems of government. At this time, the sounds Public opinions are divergent., at sixes and sevens, lawmakers in the everyday political extrusion and interest group pressure, less likely to develop a set of good rules, all kinds of sounds and whether there is a link between the will of the people is a problem. According to Ackerman, the constitutional moment of constitutional politics embodies the founding moment USA constitution, post Civil War reconstruction and new three periods. "We the people" in books in the book, Ackerman will run through the American constitution drafting and adoption by the debate (debates) as the practice of Deliberative Democracy (deliberative democracy) example, elaborated the Constitution itself is the negotiation and negotiation process (Constitution-Making is Itself a Deliberative Process.

(three) discuss the constitutional process USA

The debate about the best example is the constitutional USA constitution. Process USA constitution, is the founders through a process of debate about the constitution. Their talks between, both private letters between discussion and face-to-face private meeting and conference, debate and pamphlets argument; debate is secret, and openness; meeting the debate, both about compromise, concession, compromise and for a supply of sth., and resort to better demonstrate the power of reasoning.

Discuss the characteristics USA the constitutionalism is mainly reflected in: peaceful rally, the principles of openness of representative program and extensive debate, country of freedom and happiness, prosperity and security, held friendly and harmonious spirit, to admit the difference and mutual understanding and mutual accommodation, the establishment of the government by reflection and choice. The process of the founding of the constitutionalism is negotiating process, Shen Siming debate, is the people together, and the majority of successful.

Ackerman in the book "we the people" analysis, the constitution transformation through the signal, the proposed constitutional reform, constitutional reform to decide the fate of constitutional reform program, program of constitutional reform and constitutional reform approved by the outcome of the consolidation of five stages. Reconstruction of the founding period of constitution from the beginning of 1785 Vernon hills Conference (some scholars believe that the Vernon hills meeting is the first step towards the Convention), the Amway Bonnes conference, Shays's rebellion, the Continental Congress on Amway Bonnes meeting approval, and then to the Philadelphia convention, the draft constitution approved by the States, finally forms the constitutional consolidation. in this process, discuss the debate is through a therein.

In view of the difference between "constitution" and "laws": "the constitution is formulated by the people's government, can not be changed, and the law is formulated by the government, the government can change the constitutional choice", USA suggested procedures and approval process of separation, the separation aims to promote the talks, think critically and rational choice. suggestion program is divided into two stages, the first stage of the reform issued signal phase, I called the Philadelphia road. This stage includes Mount Vernon in the 1785 meeting, Amway Bonnes conference, Shays's rebellion, the Continental Congress on Amway Bonnes meeting approval, mainly for the founders of mutual communication, by writing letters, talking about the view on the situation, exchange ideas, seeking the strategy, strengthen the will to change and the formation of consensus. This can be said to be a "quiet revolution of letters". In addition, the legislature and the Confederation Congress debate also plays a big role.

The letter is the main political form in eighteenth Century time founders exchanges, dialogue, understanding. The situation American after the revolution, the Confederation Congress what defect means, Shays America uprising on the nascent what, how to seek change, to build a what kind of government and the state, these problems, in Washington, Madison, Hamilton, Jay, John, Adams, Jefferson, Randolph and other founders of letters in, have a deep and broad. Madison in the "Federalist Papers" mentioned in the fortieth article: to major changes to the existing government, we must first of all by one or some famous patriotic citizens put forward personal, unauthorized and informal advice (some informal and unauthorized propositions), to start the reform from these suggestions. In the first stage, USA founders is to "put forward personal, unauthorized and informal advice" to begin to seek change.

In early June 8, 1783, Washington wrote a letter "circulated letter" to the governors of 13 states, pointed out that the United States is at a critical moment of vital importance to the future, millions of people's fate and destiny are closely linked. He put forward the 4 most basic and most important issues: first, in a federal government under the leadership of state formation, indissoluble union. Second, the public justice divine respect. Third, take the appropriate policy for peace. Fourth, cultivate peace friendly disposition in American among the people, which will make them forget the prejudice and trickery, compromise to achieve comprehensive prosperity must, in some cases, to the interests of the community to sacrifice their personal interests. Finally, Washington called on everyone to act impartially, tolerance, love, charity, with Qian Beiping and temper.

In 1785 to 1787 May Philadelphia during the meeting in Washington with people from all walks of life, communication, meeting, talking about Amway Bonnes conference, Shays's rebellion views, analysis the defects, discusses the Philadelphia convention to be engaged in the work, the objectives of the reform, the difficulties and measures to be taken. Of the Madison plan and reform will give the greatest encouragement and support. In 1786 November, Washington wrote to Madison, in the letter he said: "we encourage the dawn of the most brilliant; the US is the most dark clouds! In the face of the coming storm, need wisdom and experience to save the political mechanism."

In March 31, 1787 a letter to Madison, Washington said:

Those who have the ability to judge people, will not deny thoroughly change is necessary for the current system. I hope the problem will be discussed in the plenary session. After the Congress, if the current system is no greater power still irresolute and hesitant, weak and feeble, can't keep secrets act quickly, the lack of a sound administrative management features (both not to attend the meeting, or because the participants have a local view); or, after the Congress, Congress can resolute and determined to exercise its power in all appropriate timing (I only worry about it the exercise of this power is too small, not afraid of it), abuse of power and not a waste of time, the power back to the states. Due to the States members -- often do not see themselves as the representatives, so, in my opinion, after the test, if it is proved that this system is invalid, it should be to the necessity of public classes publicity reform. I think by then, and only then, will carry out this reform, the adverse consequences caused by the public and not dirty discord.

I admit, I now on the public virtue view change. I doubt if there is any kind of system, the coercive force without the use of power can make the central government decrees should be implemented. But do not do this, other all don't speak. Laws and regulations obeyed, or not fully implemented, it is worse than none at all, because of the zero but zero, a decree cannot implement will produce jealousy and resentment. You may ask, what compulsory measures. This question need to think twice. But the states don't agree with Congress recently proposed requirements, has to prove the necessity of using force method. ③

In April 16th Madison reply said: "letter dated March 31st, honoured. You to the conference should pursue reform opinion is approved of my heart....... I venture to provide to you, put it under the new system the hearts of the outline. In view of the individual independence of States is correlated with their united sovereignty is extremely incompatible, but if the states are combined as a single Republic and act with undue haste and cannot be reached, so I take a middle position."

1787 in the Madison era. In the summer and fall of 1786, Madison "devote oneself heart and soul to" from the previous government all through the history of the republic. He understands all these strengths and weaknesses people to govern the country. In his extensive reading, he got his friend Jefferson to help. The Paris based America minister sent to Madison's hometown of Montpelier (Montpelier) a "library size cargo" about history, politics and economy of books. 1787 early spring period, Madison used the various periods of political experience and education to prepare a department memo, which analyzes the disadvantages in the political system of "USA". Madison summarized the defects of Confederate politics in his great literature at the beginning; then further explains how his "perfect remedy" will stop the Republic of defects, how to face the state government failure. At the same time, in a letter to Jefferson, Washington and Randolph, Madison will be in his mind for the Philadelphia convention of the target. He and the Philadelphia conference attendees were in close contact, listen to and appreciate their differences on the constitution. He urged Washington to Philadelphia to Washington Conference, support for his plans. He had a zeal to Philadelphia, he believes he has found a good medicine to cure the defects American political system.

Madison came to Philadelphia in May 5, 1787, becoming the first person except Pennsylvania. In May 17th, George Mason made the arrival of Virginia, the members of the delegation arrives in full, so that Virginia immediately drafting a government plan for the upcoming general assembly. "Every two to three hours to gather together, share their ideas", in this way, they made eleven terms, and the essence of Madison's pre contained therein. This plan came to be known as the "Virginia plan", put forward by Virginia governor Randolph at the beginning of the meeting, became the basis of the discussion at the meeting.

To meet in Washington at Philadelphia by church bells, salute and the crowd cheered and Pennsylvania a cavalry. He went straight into the delegates to the Constitutional Convention Robert Morris's house, where he spent the whole summer. Washington has just settled down Market Street, immediately went to visit the home of Franklin. Franklin is the governor of Pennsylvania and the official host. Washington and Franklin with great prestige their support for Madison and the Hamilton plan.

The second stage is the Philadelphia convention, the draft constitution, constitution approved procedures. The Philadelphia convention action is advisory and recommended, the results of the meeting is to submit a constitutional draft documents. The performance of the stage is inside the secret discussion. "In a hidden chamber, they open free to propose the idea, remain free to express ideas, to critically test the basic principle, no economic motivation and the interests of the class." Madison later for the Philadelphia convention secret discussion for defense, he:

We must close the door, because opinion is so complex, but also in the original is so rough, so before reaching any consensus, is necessary for a long argument. The members of the mind will change from time to time, the spirit of compromise and accommodation (a yielding and accommadating spirit) will bring many benefits. If the members began to openly white their views, they will think, match word to deed they cling to their own reason. In the secret discussion, when no longer satisfied with his own opinion on the appropriateness and authenticity, no one felt it her duty to be stubborn its point of view. He for proof strength (force of argument) open. ③

Discussions and consultations in addition to debate at the meeting to speak, but also in many ways. One is the meeting to adopt the constituent assembly and the Committee of the whole of the discussions, the chairman of the meeting in Washington, the chairman of the Committee for the Beck ham. Committee of the whole and the Convention attendees of the same. The committee is chaired by Beck ham, Washington in the second line, a cyclotron level; the Convention hosted by Washington, a decision. The Committee has discussed the issue, no limit to the number of members to speak in the debate, the Committee of the whole of the voting results not as decision meetings last, just as the committee's recommendations. Some of the more controversial and specific involved in sexual problems, set up a special committee to handle the by election, the Committee submitted a report for the general debate and. For example, the establishment of 3 members of the drafting committee meeting rules, 11 members of the committee, the special committee compromise 5 people, 5 people consisting of details, writing style and arrangement committee committee, the Committee has a chairman elected. The committee could be called a caucus, making plans and common protocol support or oppose certain measures and so on, are made by the committee.

The Convention, the organization of work, both public discussion and speech, and a compromise and coordination of private, the delegates can be persuaded, and strive for the common goal. To observe the philosopher David Hume, the economist Olsen explains that, in the collective action and collective decision-making, group more, the less likely to promote the common interest of its. While a small group of more decisive action, and can make more effective use of their resources, to achieve a common goal.

Before the meeting a portion of the two and third days are for organization of the conference, conference rules and procedures to meet the. In May 25, 1787, arrived at the conference of state to reach 7 statutory. General Assembly unanimously elected General Washington as president of the general assembly. The first thing is to establish a regular meeting, established the thing, for the chairman, equal right to vote and debate etiquette, confidentiality rules of procedure. Meeting the rules reveal the framers discussion of how to be in a calm mood, how meeting of wisdom. To change the view during the course of the meeting is constant some thing, for the protection of the delegates not stubborn, not accused of interference, and they are not affected by the pressure of public opinion, the meeting decided not to allow for approval or veto and shouting, and further ordered that "any item in the log...... Without the permission cannot extract, "meeting" the delegates are only allowed to see the log ", and" without permission, the meeting said cannot be printed or otherwise publication or broadcast."

The main work conference in May 29th. Apart from the July 4th National Day recess two, and from July 26th to August 6th recess ten to make an important committee for its report, except Sunday, meeting till September 17th. In the second half of 8 a week in the recess time, scheduled for four o'clock, in addition, the daily meeting time, is about from 10 a.m. to 3 p.m.. Because at that time the Philadelphia is the long hot summer. The delegates have much leisure time, one can add energy, after the two day after the debate, there is time for a "reflection and balance", to review their own ideas and the ideas of others, to prepare for the next debate. Three delegates have time to relax and to participate in social activities; at the same time, to facilitate private negotiation ", each pulling votes", or even compromise and for a supply of sth.. For example, the delegates and relatives, friends, communication, mutual communication, between some representatives of course, strictly enforce the secrecy order. Even if the half-way out of the meeting with will represent strict confidentiality rules. anyway, in social situations, representative issues on the lot. Especially in matters of concession and compromise, will will undoubtedly play a significant role. In the meeting were on the verge of collapse, one of the key figures for the Washington meeting Guvino Morris consultation. When halfway through, Hamilton suddenly worried, he was afraid of all efforts into a bubble. He wrote to Washington: "I'm really worried, afraid we'll miss the save from the poor, America split, anarchy in time.

The approval procedure is the third stage of constitution, the draft constitution which states submitted to the approval of the Philadelphia convention. The performance of the stage for public debate. Public debate state constitutional approval of the conference, the Federalists and the anti Federalists around the draft constitution by a large number of arguments for and against the calls for the support of the people." When you open the door and put the problem in the eyes of the voters, they must be careful; argument must be carefully, so as to adapt to the public prejudice. So cautious instead of frankly. "Second stage and third stage debate mutual interpretation, to reveal that the decision of the constitutional form of parties in power and ideological conflict. Madison in 1796:

No matter how people's admiration for the groups to develop our constitution, however in the interpretation of the constitution, don't put that understanding this group as a god. Legal documents made by this group, is only a draft plan, just some dead letter, unless it directly from the voice of the people, expressed through several state constitutional convention, this constitution has vitality and effectiveness. Therefore, if we want to dig the connotation behind this legal document surface, then we will find that content constitution connotation is not reflected in the National Congress proposed, but in those at the state constitutional convention is recognized and approved the constitution.

The vitality and the force of the constitution, is the people's approval. In order to make the draft constitution of the Philadelphia convention can obtain the people's approval, Washington and Madison, Hamilton and other federal party also took action on three fronts.

In a state constitutional convention the first front, and the anti Federalists face-to-face, debate, vote to ratify the Constitution for the. In approving the Philadelphia Convention and various other constitutional convention, they always through intellectual civilization debate, make their arguments to persuade other people to change their point of view. Aim is not to conquer, but to convince other people to come together.

The second front is wrote pamphlets, to the people, and the opponents of the constitution debating, attack. Notable is, in this line, both the Federal Party, or the anti Federalists, are under the pseudonym published an article in the newspaper. The famous "Federalist Papers" is Hamilton, Madison, Jay common to "Publius" in the name of writing. And the anti Federalists to "farmer", "capital", "Brutus", "the federal farmer", "neutral observer" and so on nominal writing many articles. Stolin wrote: "although the Federalists and the anti Federalists are separate, but in a more profound sense they are one. They are different not because for humanity or political life purpose and different assumptions. They are not across the political divide irreconcilable....... They all agreed the government aims to regulate the economy and protection of human rights, and the means to achieve this is finite, the republic. To a large extent, it is a common basis of their interpretation of the two boundaries camps are not so clear and each camp internal diversity....... America from consensus and kept in the disputes, and disputes...... Straight up the founding period of debate."

The Federalists and the anti Federalists both anonymously to the people to speak, wear masks that are hidden in different Shi Kongzhong, are usually not easy to arouse personal hatred and revenge, damage to both sides of the debate's reputation, status and interests; moreover, to the public by the public as the right and wrong points, the referee, the speaker must tell the truth, a truth as much as possible, as far as possible thorough reasoning, and try to seek the truth view, negative emotions and prejudices. Ignorance and sophistry, confuse right and wrong, distorted the facts, to the public contempt and ridicule; sarcastic ridicule, slander, can make the public indignation and contempt. In such important issues on the ratification of the constitution, in order to win public support, both the Federal Party, or the anti Federalists, their political concept is based on the full argument, and "dialogue", popularized the constitutional knowledge, enrich the constitutional culture, made great contribution to the cause of American constitutionalism.

The third front is between Federalists and anti Federalists two camps, two camps, the main character of mutual communication, mutual understanding of each other's position, exchange views and opinions.

The constitution of the supporters intensified contacts and unity. From September 18, 1787 to July 26, 1788, New York signed the constitution, Washington, Madison and the state constitution supporters communication, mutual support. Madison, Hamilton, Jay, under the name of "Publius" write 85 articles explaining the constitution, called on the people of the state of New York approved the constitution. Washington praised the "Federalist Papers", and even investment reprinted it in Richmond. He wrote to Hamilton: "this book will be the offspring of attention: because of its frank and convincing to explore various issues principle and freedom of the government, which will always cause human interest."

In March 2, 1788, after Massachusetts approved a new constitution, Washington to Madison wrote a letter, said: "although is accompanied by the opposition to the new constitution of the state of Massachusetts, severely hit, still make the decision to approve a new constitution. To play a promoting role in decisions in advance before, and for those who regret and resentment, than by passion is more subdued, prudence and to promote opponents, powerful role will be followed."

In July 20, 1788, Washington wrote to Jonathan Trumbull, he is one of the Washington during the revolution's assistant and 1787 Connecticut the speaker of Parliament, said in a letter:

I am pleased to hear Lincoln generals and other friend that Massachusetts things are moving in a favorable direction; able to overwhelm the opposition but Connecticut as other states, to bring freedom and favorable meaning victory is worth celebrating.

Your friend Colonel Humphreys told me, in those revolutionary mood extremely beneficial to federal and state election of great change, he will start to look forward to these miracles don't stop. In fact, for me, since in the creation and the new national government process embodies the great tolerance, so, I also agree with them. At least we can with gratitude and ecstasy, continue to pursue God's number of lead through the darkness and the secret, it is to guide states attended the constitutional convention, the guide States has accepted the proposed by the convention system (through these steps the most easily accessible); is likely to, when we have too much reason for fear of confusion and pain will follow us, can form a stable peace and happiness of the platform. Honest prayer, the great Lord continue to bless us, stop us splash was about to enjoy national happiness.

Between supporters and opponents of the constitution, there are communication widely. Although they have many different views and opinions, and even have enormous differences, however, these do not seem to interfere with the friendship between them and respect for each other. On the one hand, it is to us to ignore. To our eyes conjecture, that between the Federalists and the anti Federalists must be angry with, will want to get rid of. In fact, they are maintained a gentleman, respect each other.

The Convention in Philadelphia, Randolph, Gerry, Mason refused to sign the constitution. Before that, out of resentment and opposition, John Rankin of New York, Maryland, Robert Yates, Ruud Martin left the meeting. Virginia, Patrick Henry (his famous saying: "Death is preferable to slavery.") was selected as the representative at the Convention in Philadelphia, but he refused to attend. Virginia, Patrick Henry, James Monroe, George Mason, Benjamin Harrison, Richard Henry Lee, is opposed to the constitution. Far away in Paris, Thomas Jefferson, is also a lack of bill of rights with the constitution.

In September 24th, seventh days after the end of the meeting in Philadelphia, Washington wrote to Patrick Henry and Benjamin Harrison and a new constitution, the letter said:

Please forgive me for the first time to send you back to the constituent assembly to the new constitutional text issued by the people of the state America. I don't make any comment on it, you will immediately identify good and very good part from the between the lines, you experience enough to understand, to coordinate the states so complicated interests and reduce the regional biases is difficult, so, I don't have to explain. I also hope that the constitution is more perfect, but I am convinced that this is the stage to achieve the best results, but the constitution is open, ready to be corrected. I earnestly hope that, in the current environment the Constitution can be accepted and applied.

In October 4th, Harrison wrote in reply:

My personal involvement in your or proposed by your proposals are with strong interest, because just right to you personally judgment and starting point of all believe firmly, so I never would you view of all the minor details to your research...... But I still insist on a point of view: if the power granted to Congress and the president at the same time, the seed will people not harmonious at any time. If the constitution went into effect, the Potomac River south states like the Northern States...... I just said, my objections mainly concentrated in the unlimited power of Taxation, the problem of trade terms and in the states according to the law to establish judicial authority etc..

In October 19, 1787 Patrick Henry wrote to Washington:

I am very sorry that I can not agree with the constitution. On this issue, my concern is deep words cannot express. Perhaps future constitutional mature reflection will persuade me to change my current thinking, and with those I most celebrities respected ideas agree.

After the closing meeting in Philadelphia for a month or so, Madison wrote to Jefferson. In the letter Madison briefly introduced the main principles of the Philadelphia delegates meeting of representatives of the considered, and report to the conference the general ideological work his intentions. The basic problem of Madison systematically stated the constitution makers face: how the principles above to replace a based on the "state sovereignty" system. Madison then explained why the federal government should have more extensive powers than previous reason.

In addition to the legislative debate, speech, writing pamphlets public debate, an action throughout the revolution, constituent, the process, is the communication. It is no exaggeration to say that, "the letter American revolution is the revolution", America constitutional founding is mainly completed through letters. In eighteenth Century 80, no phone, no Internet, telegrams, letters, is the main tool of mutual communication between people. Through letters, exchange views and opinions on the situation of the revolutionaries, and put forward the suggestions and measures of reform; through letters, revolutionaries mutual discussion, consultation and action strategies. Letters, the revolutionaries formed a consensus, together, support each other, for a specific political goals, joint action, success.

Letters in the consensus in the role, as the secret negotiations role. Communication between the two sides, private correspondence. It contains the mutual trust and understanding. Discussions calm, free, open, thorough, best friends sometimes free, can speak some intimate words, the truth, the meeting time, rules for discussion without restrictions. Some of the problems, through multiple communication, in-depth study, reconsider. The letter, not because of some be inopportune or inappropriate remarks to consider the public feelings, sometimes subtle, even against their true intentions, telling lies, empty words, cliches; without facing the public evaluation, examination, help to improve the quality of consultation, understanding, share transfer, expand the influence, some ideas and suggestions, won wider support and commitment. Of course, a little bad is likely to form a faction, form cliques, promised each other, logrolling.

Tocqueville wrote: "a great nation to inform them of the government in the legislative wheels have stopped running, can still steadily for self-examination, reason thoroughly check fault, took two years to find a cure, and can find a cure is not shed a tear, voluntary compliance does not flow a drop of blood, makes a person feel this is something new social history." "don't shed a tear, not a drop of blood" and can keep calm, calm deliberation and reflection, to produce a constitution and bill of rights, such a new thing, a miracle, the reason lies in the America framers, skilled to discuss political understanding, on the establishment of the differences of opinion on the basis of political skill is an art of persuasion, language is the parliamentary rules and procedures of loyalty and use of polite restraint of persuasion and.

Two, why the talks

In politics, discuss the reason and rationality to where? In the design process of the constitutional choice test and the political system, why want to negotiate? Why is a group of people or the majority of people sitting together, opinions and ideas, mutual discussion, united people power and wisdom, the establishment of a national constitution, design, create the system? Why didn't Machiavelli and Harrington argue, rely on the immortal, the wise legislator, centralize power on major issues, with the power of one, the establishment of the state, the Constitution? America revolution, the constitutional process, for understanding these issues "tells the story of an imprint is engraved on my heart. story, just give it a unique lesson". As pointed out by Ahrendt:

This revolution was not a sudden and violent, but people through the joint negotiations, consultations, rely on mutual vow power created (was made by men in common deliberation and on the strength of mutual pledges). The foundation does not depend on the strength of one of Architects (the strength of one architect), but by the majority of people united to power (the combined power of the many). Those who be a life-and-death matter in the years gradually expose the true face of Mount Lu principle, interconnection principle is mutual commitments and common discussion, consultation (the interconnected principle of mutual promise and common deliberation).

Why America revolutionaries can rely on negotiation negotiation in the process of the constitutional monarchy, rely on over in one's mind and freedom of choice in the development of a high government constitution? What they are engaged in talks to reason? Why USA constitution to negotiate the written? Because the talks took place in the middle of different people, not one, but many have different views and interests of the people of discussion, dialogue and exchanges, it with the word "people" understanding; because the talks between people has the difference, difference and uniqueness of each person is, people mutual equality, mutual respect, as each human freedom and equality of individuals; because the talks that man is a speech there, comment is man's natural rights, expressing and reasoning ability is one of the noble symbol. People of equal dialogue and exchange of views, free, together to discuss public affairs, mutual commitment vows, called the covenant. Therefore, to discuss the way of written constitution, is a great masterpiece of human beings, is an achievement the most noble human can achieve. American founders to discuss constitutional achievements, is engaged in talks to the framers in Republican ideas, social contract concept, the idea of natural law and natural rights theory, common law and the rule of law theory of collision, agitation and fusion, the opinion in the government are very clear-sighted, has a unique understanding of the colonial experience. In USA founders debate and dialogue in the sound, natural law, sound, sound senior law common law sound, Christian voice, contract theory, the convergence of voice, linger on faintly, constitutionalism, democracy, Republic; language, security, freedom, equality, justice, human rights, happy cry, prolonged echoing; a despicable human nature and noble, power and corruption, a rational and emotional disputes and conflicts of interests and opinions, and hybrid combination, their voices, more is said of a great teacher, excite people's mind.

(a) republicanism idea: source and source of legitimacy for political power lies with the people

The people are the source of political power, the consent of the people is the foundation of the government legitimacy and legitimacy. This altogether and liberal ideas deeply imprinted in the hearts of American revolutionaries. In 1776 the "Declaration of independence" said: "we hold these truths to be self-evident: that all men are created equal; that everybody enjoys certain unalienable rights endowed by God, including the right to life, liberty and the pursuit of happiness. That to secure these rights, people form their own government, governments derive their just powers from the consent of the governed." Thomas Paine said: "the constitution is not law, but the people government decrees; if the government has no constitutional becomes a powerless power. American all constitutional claims based on the power of the people. Before the constitution is always in the government, and always with the government of difference." Madison wrote: "people's sole legitimate power source, government departments according to power the constitution from." Hamilton declared: "the United States of America buildings should be laid on the consent of the people (the consent of the people) a firm foundation. The state power (national power) of the river should be directly from all the legitimate authority (all legitimate authority) clean the original source."

The source and origin in proper political power lies with the people there and liberal ideas, why must emphasize to discuss, debate on the constitutional process? This USA framers of "people" a word understanding inseparable. In American our founders' people 'eyes, "a majority of Italy, is inexhaustible, beyond count mass, its sublimity lies in its diversity." Madison said: "all civilizations, both rich and poor, money lenders and borrowers, the people who own the land, engaged in the manufacture of people, business people, the area and the area residents, the political leaders and the political leader of the followers, the religious sects and the religious sect the." "society the haves and the have nots will respectively a diametrically opposed interests. In between creditors and debtors, also have to distinguish similar. Land ownership group, manufacturing group, merchant group, currency bloc and many smaller interest groups, in civilized countries will form. By the different emotion and different views of incentive, the group put the citizen is divided into different classes." he thinks, vast USA, state situation, size, habits and special interests are different, there are many differences between the various interest groups, political parties, there are various and sects, people will not have the same interest, emotion. Hamilton said: "all communities to differentiate into minority and majority. The former is rich and the rich people, the latter is the people. The voice of the people is said to be the voice of God; and whether this axiom is so widely used and accepted, it does not accord with the facts. People are troubled; very few of them will make the correct judgment or choice."

Ahrendt in the analysis of the America revolution, pointed out that "USA style people's concept is equivalent to the sounds and interest hodgepodge." Sartori think, in English "people" (people) is a plural word, but also in English, people refer to the specific. since the word "people" means the majority of people, in particular, the consent of the people also means many different individuals. Have agreed, among the many different individuals come very naturally, inevitably talks, discussions, dialogue and exchanges.

(two) the concept of contract theory

Paine said: "before the government must exist...... Many individuals in his own right entered into a contract with each other to produce a government; this is the only way that the government has the power to the government, but also has a unique principle of right of existence." in accordance with the understanding of Paine's government by the Constitution and the relationship between people, can say, the constitution is that many individual mutual covenant between organization of the government contract, this contract, according to Ahrendt, is a "mutual agreement" (mutual contract), it is in the individual to reach, "this contract by mutual (reciprocity) based on equality, (equality) for. Its actual content is a promise (a promise), it is actually a "social", or is the ancient Rome (SOCIAL) sense of the "alliance", which means that the alliance. This alliance will allies isolated force together, relying on the "free and sincere commitment" will they combine into a new power structure." Ahrendt think, interactive contract contains republican principles and federal principle, it is through the interaction of contract, through mutual commitment, the colonial people together, construction of power, and formed a new political and community. Ms Ostrom on USA federalism implications indicated in the writings, the federal system (federlism) is derived from the Latin foedus, meaning the st.. "The core concept of America federalism is dependent on a saint and the 'we combined together in community relations' program form of autonomy." self-evident, many individuals or autonomous associations between the covenant and commitment to each other without violence together political, into a civilization, the speech and discussion, consider the discussion with the twin, is so obviously.

(three) the concept of natural rights

USA constitution is believed in the natural rights doctrine are drafted and adopted by people also believe in the idea of. founders believed that the equality of rights is the basic theory of natural right elements, their right to speak, and the right to express their views as a natural. Virginia passed the bill of rights contains the first America constitution. It establishes the following ideas: "all people are born free, equal rights, autonomy and certain natural rights; in the society, the life and liberty shall not be under any contract loss or deprivation, and have the right to obtain and possession of property, the right to pursue and get happiness and safety." Jefferson believe that the government is based on the opinion of the people, the primary objective is to keep people's right to express their views. He pointed out: " belongs to natural rights have the right to think, the right to speak, and the right to express their views, and there may be those who do not need outside help, people can fully exercise the right, or in other words, the range ability in personal." opinion is in an open discussion and public debate process. American revolutionaries know, public domain Republic is to build the communication between the equal opinion, once all equal to exactly hold the same views, so that the exchange of views become redundant, public sphere will disappear. people as the existence of the rights of speech, speech, and the right to express their views are each equal enjoyment of nature. As most people the concept of the people gathered together on public affairs, to persuade, engaged in dialogue, discussion, negotiation, and sustained, lies in the discussion and negotiation is to exchange the equality between the opinions. "Exchange" equality between the opinions, the construction of public sphere, motivation to consider, cannot do without America founders of the theory of natural right in.

(four) role of opinion in the government

Ahrendt thinks, fracture politics and philosophy, truth and opinion against, is to start from the history of Socrates' trial. Platon because of the division of the death of Socrates and the effectiveness of persuasion to doubt, opinions were reprimanded, and for certain absolute standard. This is a turning point in the history of political thought, since then, opinion was cancelled in the political field. The role and opinion in political status in the field, is the revolution was the French Revolution and American found. Ahrendt pointed out: "historically, opinions, generally speaking, it is related with the political field; specifically, refers to the role it plays in the government -- is to be found in the revolution and the incident in the process of." Although the comments were the French Revolution and USA revolution found, but only America revolution knows how to build a durable system to shape public opinion that enter the Republic of structure. This once again shows superior to others America revolution political creativity.

How to find the effect of America revolution opinions in the government, and how to engage in the creation of constitutional government? Known as the "father of the constitution" Madison highlights the talks on public affairs and public interests in the value and essential for opinion analysis, highlighting the American construction country researchers set about the good intentions of the republic.

Madison said: "all government are built on the basis of observations (opinion)." Significant free government is characterized by diversity of opinions and differences, so the government established in difference, difference and conflict based. Not many different opinions exist, conflict, confrontation and debate, free will perish, discourse is nothing but empty talk. Madison made the following analysis:

1, opinion formation to the individual, is held by individuals. All sorts of people between views, there will be differences of opinion and conflict. Madison think, reason is that, first, the person has the reason, and reason there are mistakes defects; second, people have feelings, have self love; third, all kinds of people can obtain property is different, resulting in different interests. As the rational, emotional and the interests of the three factors are independent and mutually staggered role, therefore, a variety of different views, disagreement and conflict, and caused by disagreement and conflict faction or party is inevitable. Madison wrote:

"As long as the human intellect will continue to make mistakes, and people are free to use reason, will form the different opinions. As long as people reason and love are linked, their opinions and feelings will influence each other, the former will become the target of attachment. People can be varied, have thus property...... Due to various different to protect people in the acquisition of property, will immediately produce different degrees and types of individual property possession; and due to the impact of all this on the property of all human emotions and ideas, so that the society is divided into different interest groups and parties."

2, by the different opinions and the formation of the potential causes of faction "deeply rooted in human nature".

Madison thinks, from different views and the formation of the party has two kinds, one kind is based on "emotion", which is based on "interest". Based on the "emotional" views of the formation of the disputes are mainly two situations: one is the source in the ideology, one is formed by the charismatic leader. And because of the views of the party does not have the staying power of high-profile leaders will die, ideological fanaticism will be the same as the tide receded, but the party is most likely to occur, but also the most exciting, most has the fanaticism. He said:

Eager to different opinions about religion and government, as well as many other theoretical and practical perspectives and insights, attached to a variety of fight for power and money, be overweeningly ambitious leader or attached to the property that makes people feel interested, have divided the people into various parties, inciting them hate each other, make them more willing to offend and oppression each other, but no general cooperation. The human tendency to hate each other is so strong, so that in the absence of adequate opportunity presents itself, the most trivial, the most fantastic difference is enough to arouse their unfriendly passions and the most violent conflicts.

Advice for various factions based on "interest" and the formation of the universal and persistent, their foundation is "the various and unequal distribution of property". It is divided into two types: one is that the diversification of interests, economic interests "different", and the other one is that the economic "inequality". Madison said: "the most common cause strife and lasting source, is various and unequal distribution of property. The haves and the have nots in society will form different interest groups. The creditor and the debtor has the same difference. Land ownership group, manufacturing group, merchant group, currency bloc and many smaller groups, in civilized countries will form, and divide them into different classes, governed by different feelings and opinions."

3, the elimination of disputes and differences of opinion, the price of freedom in itself.

Madison again shows that, when people the freedom to use rational, calm and free will of rational use of them in a number of different problems, they inevitably fall into different opinions about some problems. The dispute, divergence and party opinions generated by eliminating from the society? Madison asked. He thinks, eliminate the differences and conflicts, the price of freedom in itself. People will be forced to sacrifice his freedom, which is the essence of "political life". Therefore, this treatment will be worse than the disease itself. Madison used a vivid metaphor: "freedom of the party, like air to fire...... Because free birth party, so it is a necessity of political life, if the attempt to eliminate the freedom, the air is as absurd as extinction."

There are other ways to eliminate the differences and conflicts? No. Madison asked, "given that, every citizen the same feeling and the same interests", is it possible? This is not to be. That kind of "human rights equality in politics, can be in property, opinions and feelings exactly the same" idea is wrong, tell some fantastic tales.

4, opinion formation in human reason, only the public reason should control and regulate the government.

Opinion is the foundation set up by the government, diversity of opinions and differences are inevitable. So, in public affairs, how to free the Constitution and government towards different views? How to form the consent of the people from different views, produce social contract?

Madison think, different opinions are rational result of free use. Opinion formation in human reason, that is to say, opinions belong to rational category. All governments are established in based on feedback, thus "only public reason should control and regulate the government, but the emotion should be subject to government control and regulation." Different opinions on the benefits, it formed in the individual also completely belong to the individual. However, the reason is prone to make mistakes and be timid and overcautious, belongs to the category of rational opinions when alone, in a few days, he is easily overlooked as objection power and persuasion, is not worth mentioning. So, how rational individuals and views become public reason, how to form the general opinion universal, neutral selfless? Madison observed, the opinions of the influence of the size, the number depending on the number of holds the same opinion; rational strength and confidence, increase depending on the number of joint. He wrote: "opinion (opinion) effects on a person's size, and the size of its actual effect on the human behavior, depending on the man that the number of how many hold the same opinion. Rational people, like the people itself, in only his a person's time, always very timid, cautious, his firm and the confidence with which it is associated in proportion to the number of."

Why to want to negotiate? Because American revolutionaries found is the basis for all government established. The free discussion and negotiation is always between people in a certain number of, on equal presupposition and the argument to the procedure. When people communicate with each other freely, and have the right to have their views reveal to the public opinion will appear. Communicate the needs of human rationality in public debate, before reaching any consensus, is necessary for a long argument. Opinions are formed in a process of open discussion and public debate in the exchange process, formed in the opinions of opposition and inspection. It all depends on the demonstration of strength, it is during discussions, exchange process objections in the equal exchange of views, opinions, the intricacies of the opinion was able to stand the test, be refined and expanded, filtered, and reproduction, thus the government get more lasting and stable.

(five) the colonial experience guidance

The constitutional convention, John o Dickinson said: "it is our only guide experience. Rationality may mislead us." in the "Federalist Papers", Hamilton, Madison often turned to experience, and emphasizes the human judgment: experience is the most difficult to produce the wrong. Experience is the true judgement. Who can find the experience, should always follow its guidance. "Experience is the source of wisdom" is not divided Sophia Xia Yu can recognize the truth. The perfect target can be accumulated in the course of time, accumulates experience to achieve. formulation "America constitution" author said: "in fact, considering all kinds of compromise, remember that the state constitution only the further development of the colonial government, can say, the Federal Constitution of each article, in 1776 to 1787 years American experience, can be found in." Lord Acton said: "1776 American lines smash, and put them together, in 1787 they surprisingly. Not a new policy, but from their own experience in the colonial era, the principle of no basic, distinctive - in addition to the Supreme Court, the presidential election." Ms Ostrom wrote: in 1787 the federal "source in nearly 167 years to form the local government units and the colonial charter through a saint and together, to construct the secular political entity. By virtue of this cultural heritage, people can USA revolution, the state constitution, organization design, meetings, making "articles of Confederation" and "America federal constitution"". colonial experience in brewing American revolution of junior high school has played a huge and Republic. American revolution is not a bookish knowledge and Enlightenment of the results, but the colonial experience results, it single handedly created a republic.

What is the America revolutionary colonies guide experience? Ahrendt think, experience this colony is the colonial through the covenant, commitment means of organizing and establishing the town meeting and Council and other political bodies. She quoted John Adams said: "the war before the revolution has been achieved", because "the colonists to form a corporation or political body (corporations or bodies politic), has in the town hall...... Assembly and discuss public affairs where (deliberate upon the public affairs) right." Ahrendt on the colonized people through speech and discourse, discourse and persuasion, discussion and communication way of organizing political action loud shouts of applause. She pointed out: "the revolution is America fortunate, the colonists before against Britain, has the autonomous body organized." "The North American colonies compared with all other colonial enterprise, the most unique is the only decisive, British immigrants from the beginning will build their own political body into a" civilization"....... The revolutionary change of the greatest, Madison in order to establish the greater Republic of the federal principle of the invention, a certain extent is built on a kind of experience, based on a thorough understanding of the political body.

USA revolution occurred in the middle has extensive experience of autonomous government. This is USA revolution be richly endowed by nature. is the colonial people attend town meeting, through discussion, negotiation and decision-making in the public affairs experience, guide USA revolutionaries and founders created a liberal constitution, set up.

Three, how to negotiate

(a) theoretical assumptions about

In a complex and open society, pluralism, different interests and opinions of widespread, among people with different interests, in the views, beliefs and habits, how to negotiate, negotiate how to rational, peace, to fully expand? Especially in the major period of political system selection and design of constitutionalism, and discuss how to create a good, for all accepted the Constitution? "Federalist Papers" as a typical model of deliberative democracy, constitutionalism and democracy and government theory, puts forward some basic assumptions and principles of design and the constitutional choice of political system. In this paper, the Astrom interpretation "Federalist Papers", analyzing the political theory of a compound republic on, through the analysis of "Federalist Papers" about deliberative democracy discussion, tries to point to discuss constitutional and theoretical assumptions to build.

Hypothesis 1, individualism

Negotiations, consultations and discussions in the political system, the individual is the basic unit of account. Franklin at the meeting said: matter who's sufferings, who has the best judgment. Jefferson insists: "each person's rationality behoove is his own." Hamilton remind people of New York: a mix of "everything through collective discussion plan are all kinds of opinions, the inevitable conscience and mixed each individual wisdom, error and." He called for: "everyone is required to reply to the conscience and understanding person, and according to my acting judge real clear, this is everybody be one's unshirkable responsibility obligations." this assertion assume personal best is our interests and opinions. Opinions formed on the individual, belongs to all individuals. Opinions are formed in the exchange process views opposition and inspection, do not consider the many opinions others holding no man can form their own opinions. in constitutional and political discourse system design, not only the starting is the most basic point and considering the unit, but, everyone is assumed to be equal with the natural rights and freedoms.

2, inclined to self love and reason conflict

Ostrom believes the Federal Party, there is a basic assumption: the principle of comparative advantage, namely the person is selfish or self love, will try to strengthen their comparative advantages.

Madison think, people have self love, "people sense (reason) and (selflove) there is a link between self love, their opinions and feelings will influence each other, the former will become the target of attachment". although opinion formation in human reason, however, is not a reason but passion and private interests will always dominate the human. Madison wrote in the "Federalist Papers" fifty-eighth article: "an assembly may be what people, the number is more, as everyone knows, the more than sensible feelings." "In all the large number of meetings, whether by what people, passion will seize supreme authority of reason. If every Athenian citizen are Socrates, every Athenian assembly will be a motley crew."

According to the draft of the constitution of the session, there are many opposed and condemned the comments. Madison sighed, public measures rarely heart flat gas and to study the spirit. "Unfortunately: talk about human things, people always can't be in a calm mood, seldom take a middle course (the spirit of moderation) to discuss public policy. To evaluate the public policy, the last is to promote or hinder the public welfare, not a middle course, no moderate, can't do it. Unfortunately, the more need to moderate occasions, more is not done to moderate, but the extreme prevailed." his familiarity with the history of various consultative examples, is painfully wrote: "in the midst of mankind, to reconcile the conflicting opinions, reduce mutual jealousy and adjust their own interests of all the major conferences and negotiating history, is a party, arguing and disappointment of history, and can be included in the display of human nature weakness and evil the most dark and dirty scene."

Madison is very clear, in the discussion of public affairs, if a decision of arbitration is the public emotion rather than reason, there will be public opinion rule, will appear favoritism and tyranny. He wrote in fiftieth: "when people are able to use rational calm and free to judge the various different problems, they inevitably have to hold different opinions on some questions (different opinions). When they are a kind of common emotion (a common passion) dominate the time, their views (if you can call the advice), will be the same (be the same)."

Ahrendt of Madison of this thesis made a wonderful, she thought, in the opinion of America revolutionaries, public opinion rule is a form of tyranny. Due to the exchange process objections in opinion, once people together, once the self love, ambition and passion from people, is a common emotion control, will form a consensus holds the "public opinion", it must and discuss free consultation and freedom are incompatible. Because, in fact, in all views are consistent, it is impossible to form opinions. Opinions are formed in a process of open discussion and public debate. In no opportunity to form an opinion place, some just emotional, not opinion. Since many opinions regardless of others' no man can form their own opinions, so few have the power but not associate oneself with undesirable elements' opinions, in the public opinion under the rule, will be placed in jeopardy....... Because the majority of the people be a trend which cannot be halted under the authority, a voice lost all power and persuasion. Public opinion based on its agreed, inciting a unanimous opposition, everywhere stifle true opinion. Public opinion is against opposition, potential unanimous, became America revolutionaries made one of the many things the same height.

Therefore, in the design of the political system and the system of government, must be some preventive measures and methods to prevent the government set about emotion. Madison insisted on, the government should control and regulate public sentiment, and the government should only be the public rational control and regulation. him with the death of Socrates to the necessary that the senate. He asked:

If the government in Athens, with such a safety valve, can prevent people's passion of tyranny (the tyranny of their own passions), the people of Athens which can escape many disaster? People are not free from so much notoriety, with a number of citizens, ordered the poison die today, tomorrow and a niche in the temple of fame.

Like Madison, Hamilton, influence of emotion in human affairs to the conflict reason has a deep understanding of. Hamilton acknowledged that "the universal principles of human nature is to have no matter what interest", that "people are ambitious, vindictive and greed". he asked: "realistic view of human, so what govern them Is their emotions." anger, resentment, envy, greed, ambition and so on passion strongly dominates people's.

"On the contrary, not often found, a moment of anger and direct benefits, control on people's behavior, on the policy, utility and justice fully or long-term consideration, more powerful, more bossy?...... The people's Congress is not driven by anger, resentment, often by jealousy, greed and other non conventional strong tendency? Usually the people's trust and a few others dominated parliament, of course, the resolution is also easy incorporation into their personal emotion and personal point of view, as everyone knows. Isn't it?"

The discussion of major issues concerning countries, Hamilton worried that the "anger and malice emotional torrent releases". He observed that, in order to expand the benefits and permanent interest grounds put forward defense intellectual gentle voice, in the face of public entities and individuals are often eager to meet the immediate and overwhelmed by excessive interest greed noise. proved, human group behavior than does individual behavior more upright, because the party spirit to poison the defiled people of all groups considered (deliberation of all bodies of men talks), often members to form the group behavior too, but if a private citizen to make such behavior, they will be very ashamed. Therefore, the government, is expected by the constraints and limitations, the passion to follow the dictates of reason and justice. "Why would the government?" Hamilton the answer to this question is: "because if there is no constraint, the passions of men will not obey the dictates of reason and justice." he thought, political nature is allowed to insert the necessary restraint, the rational function, long-term, consider the general factors, so as to make a more enlightened. The political process is to make human reason to get rid of impulse and immediate interests, to a more general, long-term "policy, the utility or justice considerations."

3, people have the ability to learn, also has the possibility of mistakes. People only have limited rationality, in a state of ignorance. In the "Federalist Papers" thirty-seventh papers, Madison points out, everyone will inevitably make mistakes, "should not imagine not err in judgment of others fallible opinions". As the organization convention makes mistakes. "The convention can at least avoid have pointed out that the past experience domestic and other countries in error, reveal errors in future experience, provide convenient mode of rectifying their own errors."

Madison has discussed in detail the various cases of human error. The object of uncertainty, imperfect perception and thought, language expression and communication concept is not appropriate, will lead to imperfection of human knowledge and understanding. he reminded people to consider human system, "we must further control of human wisdom and expectations". The Constitution and law after over in one's mind discussion and consideration by, but still inevitably vague and ready to accept either course. Because the language as "people to convey ideas media" increased awareness and understanding of the obstacles. "No language is so rich, so that can provide a vocabulary and idiom for every complex idea, or so exact, that does not include many vague words and idioms of different thoughts." Madison further wrote: "when God himself in human language when talking to them, his meaning although it is clear, but through the communication of hazy media, will also give his meaning blurred, doubt multiterminal." even God with human language to speak, not. Therefore, people's understanding and understanding is not perfect, the people and the representatives of the people will make mistakes, the legislature is not blameless. Can we ask not perfect person out be the pink of perfection of goods?

Making mistakes is inevitable, however, the constitution established the Republic, determined, public affairs, This is a big problem., how can the possibility that person is apt to make mistakes and become the barrier to seek better choice and judgment excuse? Easy to make mistakes in judging the views of others, so when considering themselves may be wrong, how should I do? Madison put forward three factors should be considered to be wrong decision makers choose in the face of problem situation with a sick person's story. First of all, be wrong decision makers should consider more knowledgeable consensus solutions and wise to any suggestion of the appropriateness of the. Secondly, each a project he should provide to according to the existing knowledge, through "estimates" it may produce after personally for rational analysis, and then to make a choice based on the principle of which is better. Third, he is facing uncertainty and suspicious, must carry on the test, and according to the actual test to judge remedy idea will not change the situation, and to improve his position. anyway, Madison admits, people have certain autonomy ability, reflective, selection, analysis, judgement and learning ability, to seek wisdom from the experience and test.

USA founders also understand that, in the design of public affairs and human political system, be in a calm mood discussion, prudent choice, dialogue and deliberations continued, helps to reduce the ignorance and limited rationality, avoid mistakes. Jefferson wrote in the "notes on the state of Virginia": "reason and freedom to explore is the only effective means to prevent errors." Paine said: "public affairs arbitration through open debate and free, is not going to make the wrong decision, unless decided too." Hamilton also acknowledged that, in the legislature, hasty decisions often harmful without. Opinions of different parties in the legislature, strife...... Often can promote research and careful consideration. as president of legislative veto the defense, he stressed: "a measure more often inspection, the inspection of its people of more diverse, so, due to the lack of proper review (due deliberation) and the risk of error is small, due to a common passion or interest blunder risk infection also some more. The possibility of various government departments at the same time in the same issue as a wrong idea about, than at different times of a department for the possibility of the wrong idea about much smaller."

In a word, the human ability to have conversations, people use language to express yourself to others, mutual communication, understanding; through equality, freedom of discussion and negotiation, mutual exchanges, learn from each other, people can broaden the study field, overcome their own errors and biases, reduce error, increase knowledge, increase consensus, to avoid the struggle live together in peace together, and form a more constructive manner. In the debate, the constitutional and political system design review and enjoy the fun, both Federalists and USA founders to reason in the talks, is USA revolution and the success of the important reasons.

(two) how to negotiate: discuss principles and basic conditions

Every man is independent, free and equal individuals, have their own private interests, are obsessed with their own personal opinion, but, nobody is sure not to make mistakes in judging others, nobody can foresee the development of things is the result of what. So, in talks, especially on public affairs and government affairs, how to make each individual self-interest in collective action, to serve the public interest? How to start talks between deliberation in holding different views, opinion of the people, how to treat different opinions, how to seek political consensus from different views; how the differences and the objection into power source of creative and constructive consideration, promote consultation? Finally, each person to get along, collaborative action, to establish a freedom, justice of the constitution, the establishment of a lay a good government based on the consent of the people on? In the process of the constitutional practice in USA, founders negotiated review presents political principle and basic principle of a whole political system design: the self interested individuals into the heart of public citizen, the emotion into the reason, the private interests into public interests, fair results generated by complex the program.

1, private interests become political principle of welfare: how to make each individual self-interest in collective action, to serve the public interest?

The system of government, must be based on private interest based. Hamilton found the core principles of this philosophy in the works of Hume: "a famous writer said, political writers have made the following axioms, namely the government system, the method of determining the inspection and control of the constitution, everyone should be considered as the villain; all his actions are only objective, namely the private interest. We must according to the interest to control him; and use this benefit, make him in cooperation with the public interests, although his greed and ambition can not meet. Otherwise, we boast any constitutional superiority in vain." At the age of 27, he reiterated the doctrine: "the government's insurance means depend on personal interests. This is a principle of human nature, the exact said, all political theory is based on the principle of." The said he at the Constitutional Convention: "if we found a talent, we should adopt, however, if we expect he can serve the public interest, to mobilize the passion he did. Pure patriotism, is our source of many mistakes of the past." The approval in New York (constitution) he said conference: "human need for profit. To change human nature like resist desires jet not easy. Lawmakers are wise when cautiously to diversion, in the light of its general trend, think that the public benefit." ③

Franklin found that in early 1734: "very few people are purely national interests and engage in public affairs, no matter what they say. Although their action is beneficial to the country, but people still think he is put their own interests and national interests together, not because of its be happy in doing good to act. For the benefit of the people engaged in public affairs is very little." He in constitutional conference pointed out: there are two kinds of world affairs "passion, producing strong always on earth. The two passions is ambition and greed: love and love of money." ②

Every man is his own best judgment of the interests of the. Society, everyone has their own interests, everyone has their own life plan, strive to improve their situation. The researchers believe that, the most effective method is in the interests of the people to improve the situation, is to allow individuals to pursue their own interests in its own way. They put forward the following political principle:

(1) the principle of equal opportunity: as the public the opportunity should be equally open to all people. The fundamental interests of people is closely related with the state, in the fundamental interests of the country, all people have the same rights declared its own interest, and to maintain the benefit of. Therefore, the door should be equal and open to all the people, society, everyone has the right to serve in government positions. Wealth, family, religious belief or occupation may restrict people's judgment or the desire of the people of frustration. In 1776 Virginia's "Declaration of rights" declared: "unless for public office, without anyone or any group of people eligible to monopolize the salary or privileges, or leave them with society. The public can not pass it on to others, or hereditary. Life for the sheriff, Senator or judge concept, is unreasonable, absurd." ③

(2) the natural justice (the principle of due process): no one can hear their own or with interested cases. Madison said: "no one is allowed to hear his case, because his interest would certainly bias his judgment, but may also ruin his people of integrity. For the same reason, no, because the more reason, groups of people not in both a judge and parties." Hamilton said: "no one should be a judge in his own case, not as interested cases and their judges, should not be used as their biased judges." And therefore, based America political authority structure is to use some decision-making arrangements, so that any person, any group, is not he, she or they own but influence others interests final decision makers. So all the human affairs, whether public or private affairs affairs, need connecting "personal interest" and constitutional rights of status, follow the "personal interest" as "the exercise of public rights" to deal with the procedures.

(3) the principle of Honor: the pursuit of unique passion partially beyond self motivation.

John Adams thinks, "the pursuit of unique passion" - "not only the desire of equality or similarity, and the desire to go beyond". This pursuit of uniqueness and Transcendence of passion "after the self preservation, forever is a great source of human action". It is human to any other faculties "more basic, more outstanding": "whether men, women and children, regardless of when and where, both young and old, rich and poor, height, clever or stupid, ignorant or learned, everyone seems to have a strong impulse, desire in the field of knowledge be around people, see, hear, admiration and respect." He called the passion of Germany for the "catching up", "desire to excel", and said this passion of evil "ambition", because it "to the power of the unique means of". in Adams's view, rise head and shoulders above others, out of the ordinary, the pursuit of unique passion only in the public domain, is engaged in the public affairs show.

Honor is the eighteenth Century people diligently strive after. USA's founders recognized, they can live in a great reputation for providing their period. They put the prestige and public services together, believe the reputation will be awarded to those people had honest example and outstanding contributions to the public. In 1777 Adams wrote to Richard Henry Lee said: "my dear friend, you and I are taken to such a period, a great ancient lawmakers have very long period. Few people enjoy for themselves and their choice of government. "James Wilson said:" applause "only to those who adhere to the principles of integrity, engaged in the most important, the most laudable public affairs. ③

The meeting, Randolph that "to save the fate of the Republic, has been impatient, if we don't we think necessary measures, betrayed our trust." Hamilton said: "we are now in the government of the Republic of China determines the long-term fate; if we do not give the government some stability and wisdom, we will face to sweep the floor, forgotten, is not only in China, but also in the whole of humanity before the loss of dignity, died in the river." ancient Werner Morris said: "all human beings are the constituent assembly process....... He hoped that, our ideas can expand to people's real interests, not a prison, confine themselves within a specific narrow range". He stressed that the purpose here is to be "united public form a social contract". Mason said: "he will put his head buried in this city, also is not willing to see the convention that without a single success to finish, so that his country into bear the consequences."

What honours and the establishment of dedicated to the Republic of China and consolidate a reliable way to compare? What action can transcend by building up a good government, "peace" is eternal, so that future generations have brought freedom and happiness of glory? If this honor, integrity, call control reflection and tolerance, understanding, compromise and concessions, calling for public commitment, then, prejudice, selfish, narrow, stubborn, why not give up? "USA people in the pursuit of a new and more noble cause. They finished the There is nothing comparable to this a revolution in the history of human society. They established no examples of government on earth. This is American happiness, this is the well-being of all people." "If we choose the wrong he will play the role, it shall be deemed to be full of human misery."

Hamilton thinks, although can't expect personal interests, but to honor and fame pursuit, means that the combination of personal ambition and public service. "Behavior leading thought" to fame loving the noblest mind can stimulate the politicians for public service. honor comes to serve public interests, from promoting community. The public service to realize the self respect, and gain the respect of others, is a great source of after the self-interest of human action, the pursuit of honor, beyond the self motivation, it is in the public domain, engaged in public affairs to coordinate action, mutual trust, mutual learning, correct mistakes, the most important source of emotion and may produce better results.

(4): the interests of balance principle and constitutional rights of individuals (position) to achieve the ambition is linked against the ambition, or interests and the interests of balance.

If the pursuit of unique passion to the power of the uniqueness of the means, this passion is ambition. Hamilton points out, "the love of power or the desire to rise head and shoulders above others and gained power -- the envy of power or the desire of equality and security", this kind of hostility between countries caused by the reason of universal, is almost a lasting effect on the social collective. people love right. But, once power in hand, always want to hold on to. All power is easily abused, especially when the power is not affected by the time limit and constraints, it is absolute, forever will be abused. Madison proposed, in the organization of a personal rule the people's government, is the method of controlling government ills: ambition to ambition to fight. The interests of the individual must be with the constitutional rights associated. Madison emphasizes, in all human affairs, whether public or private affairs, affairs, "with the opposite and rival interests (Guan Xin) to complement the defects of" good motivation of this policy is designed to enable individual private interests can become the public protector of rights.

While the deliberation process: the conflict into allow to symbolic conflict reasonable position of different argument.

Emotion is always to defend itself and the closest thing. "As everyone knows the fact is: human emotions usually decreases as the object distance or loose conditions. According to this principle, a man of family attachment than about the neighbor's attachment, attachment is attached to the neighbor to the whole society." suggesting that, people tend to give Yuantu near, the pursuit of immediate interests to long-term interests, in the short-term personal computing, often for the moment of passion, the current interest or temporary temptation driven at the expense of public interest, the whole. Hamilton put forward this problem: on the contrary, not often found, a moment of anger and direct benefits, control on people's behavior, on the policy, utility and justice fully or long-term consideration, more powerful, more bossy?