In American such a highly legalized society, the law can be said to have infiltrated every aspect of life. America constitutions and laws is the height of "life", and the life of the rule of law so that the Constitution and the law and not only as a formal system, at the same time, is also a kind of culture and way of life. Here to have a look American constitution:

1, the ideal and the reality
(1) "America myth"
Our political system civilization from the human point of view American constitution, should recognize a basic truth, that is: America constitution and through the constitution established the constitutional system, is an important milepost the history of human civilization, is one of the important achievements of human society in the pursuit of political civilization. It's the most important significance lies in: the Renaissance in Europe since the human pursuit to rational political activities into a practical system. From the process of political activities, the constitutional government is actually a discussion of public issues through peaceful, rational way, and make institutional arrangement based on seeking compromise agreement. The Constitution itself is also a public government purpose, source of public rights, government organization and operation mode, individual rights and state power relations and a series of questions are discussed and the result of compromise. Through discussion, politics has become a kind of public property, public accountability and public activities. The idea of political activities based on rational pursuit, USA constitution designed a series of principles and systems, such as: Federalism, separation of powers and checks and balances (seperation of powers and checks and balances) and other constitutional principle, the system design of the "Republic" as possible, which is the protection of personal impassable political discussion yesterday effective.

However, any constitution is not possible to design a perfect political system, America constitution of course is no exception! The design of system in the past, present and future are not a utopian perfect solution. The constitution embodies the human for the recognition of human nature weakness, as well as the transformation on the basis of this weakness and containment efforts. The process of this effort to be successful, in addition to rich people, more important is: must compromise. American constitution is different values for the compromise in the course of the discussion. For example: American for ordinary people, the government is a necessary evil, so everyone is highly skeptical of the government as a way of life; like a government is stability and social security, the government should have much power, how to run, how the individual through the exercise of rights and restriction of government and so on system arrangement, all is in a dilemma of compromise between.

Therefore, in the discussion of American constitution and even the whole America culture and society, it must be put forward: USA is only a certain practical significance of the country, but in a larger sense, America ideal is just a myth! This is because: there has never been an absolute ideal government system and way of life, and only a "relatively good" selection. But unfortunately, America success has to a certain extent, so that most Americans have a peacockish state of mind, as if America is the only savior. But this is only a myth! For example: we only on the subject of the rule of law of view, although the law is a part of American domestic life, the rule of law is America foundation of the nation, but in the international society, such a large range, America do not always use it claimed principles and ways to abide by international law.

(2) America constitution "life"
American constitution has an important characteristic is: height, life, and this is highly associated American culture and society. The constitution relates to all aspects of public life and individual life, even become a part of life, even influence the public way of life. The constitution politics into a public responsibility of public life, at the same time, also means that the conflict between the individual and the government, and the tension of individual relationships, need to constantly adjust the peaceful, rational "negotiations". The institutional framework established by the constitution as the negotiations and negotiation of civil society platform, must closely, and individual life. After all, every person in every day need to negotiate with the other people and organizations. For example: the basic rights protected by the constitution relates to individual freedom, freedom of expression, freedom of worship, but also relates to the relationship between the individual and the government, the basic right of direct office personal way of life. Negotiation or bargaining not only constitutes the content of life, as well as various association activity of every hue, election, parade petition, in some cases even for the performance of the war (such as American civil war). Each movement American history, from the early abolition of slavery to the civil rights movement, the feminist movement, have proved that the association constitution and culture and society.

(3) USA constitutional values and compromise
American constitutional values and compromise which is one of the most important starting point of American constitution. American constitution has three most basic values, namely: freedom, equality, order. In this one, with the most basic sense of individual freedom or liberty. America political and legal culture influenced by the European Enlightenment and political theory, the freedom of individual as the government's purpose and to moral basis of existence.

Freedom mainly refers to: the autonomy of individual freedom. And USA legal culture for "equal value" there is a very contradictory mentality. American constitution set up by the system, although it can be understood as that people are equal in the sense of morality, but the equal right with deep suspicion, this is because in the realization of equal rights in many cases may constitute a restriction on the right to individual freedom and even the threat of. "Equality" is to a complex above crowd is aware of the concept of "freedom", which is self as attributes for each individual. Because the free has more value basic constitution, American adopting a cautious stance on equal rights. For the "order", although it is necessary for social life, a variety of reasons but also may be used in the infringement of personal liberty, and in a certain sense, "uniform" order itself may mean to the individual preference and the diversity of limit.

It is not hard to see, not the constitution value pursuit is a, but different, even conflicting values. A America constitution important experience of success is: seek compromise in the multi value, rather than the pursuit of certain "utopia". Compromise is a realistic attitude, this attitude not only make the constitution was born to become a reality, but also make the Constitution in the face of all kinds of social crisis, have the ability to obtain solutions through face reality. Of course, in many cases, compromise the social reform more difficult.

In fact, from the principle and compromise the combination point of view, this is in order to illustrate a fundamental point of view, that is: American constitution can have certain energy or vitality, is because in the individual freedom and the equality between the Constitution and order, always willing to face the reality, to find a compromise. To tell the truth, the constitution is a compromise and learn how to compromise product.

2, American constitution religious, cultural and political philosophy basis
The constitution has had many kinds of definition. For example: Lenin had a very image of the argument:"The constitution is a piece of paper, a piece of paper with the people's power of paper."But in many highly political rather than legal and living condition, it is just a piece of paper, not what authority, it cannot become a living culture. In the west, the Constitution can be understood as people reflect on their own suffering life experience or summary. The constitution is actually a human life, culture.

But there is one question: why do we need today the Constitution? Whether in the western democratic countries or in other forms of society, the Constitution and constitutionalism basically is equally important and legal concept or idea, all of the constitution will be referred to control the power of the country directly or indirectly. Then why do you want to control the state power? This is because human life is full of all the painful experience, because of the country's power is too strong, the freedom of the individual is always violated, people often get similar lessons in life experiences. Constitutional, legal system usually has a very pessimistic premises or assumptions, namely: human nature is evil. Because if the human nature is good, then there is no need to constitutional law.

 The constitution is the carrier of a certain culture. Firstly, the Constitution and the establishment of the value and system, may not be imagined, and summarized but people reflect on the past experience of life; and the constitutional government system is the product of culture. On the other hand, as a kind of institutional system, constitution established values and way of life, which in turn promote culture specific growth, such as personal attitudes toward the government, personal relations and so on, are needed in the constitutional framework specific to be understood.

For American constitution, America constitution origin and basis and religious, cultural and political philosophy is closely related to. The constitution is not, nor is the result of the framers contemplate in a room. Here to have a look USA constitution characteristics:

Firstly, the origin American constitution has strong religious foundation. The influence of religion on the constitution embodied in Winthrop in 1630 before preaching landed in America, an article entitled "model" the angel of Christian charity sermon, that in them: Pilgrims crossed the ocean to the new world to establish new religions in the world, because they are especially voters of God, there is a special "convenant between God and" (contract), and the Puritans with each other because of the special endowed by God and the common mission and formed a "community" (community). The whole process of this contract and set up new religious and community practices throughout the Puritan colonies in North america. In early 1620, the Puritans in which they take the "May flower" on deck, signed the famous "The Mayflower Compact" ("May flower", which declared the Convention):"...... In order to establish a good order, protect our lives, promote the common goal, we made a political entity......". The Puritan this religious thought and the subsequent emergence of Rock's "social contract" (Social Contract) in the expression of thought although different, but the two have the same spirit, are all emphasize the social organization members to a common mission and goals, we must establish a mutual commitment contract mechanism, and this in order to protect the common contract mechanism the interest for the existence of the government provides a new moral and legal foundation.

Secondly, to have a look the key role played by theory of political philosophy in the birth process USA constitution in. In 1690, Rock published his famous "government" second article, in which he used natural law and natural rights theory explains the philosophical foundation of the constitutional politics. Rock pointed out: human beings to enjoy a "natural rights" in the natural state, but in order to ensure individual rights and interests from a lack of social order and the threat, people must establish a mutual promises and covenants, according to the social contract, people will be part of transferring power to a common recognition of the authority to exercise people, but to give up part of the power of civil society is formed, they enter the political society from the state of nature. Rock thinks: the establishment of social contract, is essentially a process of natural right into "civil liberties" and "civil rights", Rock's government theory not only became the colonists against the British, theoretical weapon for independence, but also become American constitutional thought basis, the framers of the Constitution in the constitutional process without hesitation the accepted Rock's ideas and practice, these political philosophy and religion culture idea continued to be living, and the institutional way to continue down, become an important source of America cultural development.

3, America constitution of 1787
Law the American colonies during the colonial period had already shown with English law, among them, the statutory preference has been on the show. USA constitution of 1787 is the first written constitution, which has 200 years of history. In the constitutional history, USA constitution is a very successful example, because a constitution across two century is still valid, but the system still runs well, which provide much material for thought. In Europe, many constitutional countries (such as France) may have dozens of constitution, and the Constitution in the past 100 or 200 years of history in the constantly changing. So why America constitution would have such a long life? To clarify this issue will go to have a look at why the constitution American. In fact, about the Constitution and how to protect individual liberty and the order and authority at the same time, the framers had a very contradictory mentality. Following a brief process of birth, have a look of the Constitution in 1787.

(1) "Convention of May flower"
America is an established by the nation of immigrants, the immigrants are affected by the new continent can not curb interest temptation comes, some because of escape in European religious persecution and forced to come to the new world, they came to the new continent's dream is to establish a more free kingdom. As early as in 1620, before a number of came to USA emigrants ride "May flower" reached American continent, on the deck and signed a contract, namely: "Convention of May flower". The agreement in the new world to "protect religious freedom and legal equality is possible". In USA independent on the eve of the war, the 13 colonies are formulated with the basic law of documents, these documents is the colonial governance rights basis, they not only for the development of the 1787 Constitution provides for selected modes, and some even became the basis of the 1787 constitution.

(2) in 1776, "The Declaration of Independence" ("Declaration of independence")
The 1776 "Declaration of independence" American constitution is one of the key political and legal documents. "Declaration of independence" as a political document: declared the 13 colonies in North America as a "free and independent States" ("free and independent country"); it as a legal documents: the declaration of independence "legitimacy" by resorting to the natural law, natural rights and social contract theory to emphasize independent, and prove its necessity in the political philosophy and jurisprudence. And for the first time with a legal form that "all men are created equal". It is not difficult to see that, "Declaration of independence" significance does not lie in the new political thought and theory of government, but rather the natural rights and social contract theory was established as the political principles and system a reality, so that a new political and practical possibility. In this sense, we can say: "Declaration of independence" created a new political activities and the ecological environment, the victory of the war of independence after the adoption of the constitution will this new political ecological environment system possible.

(3) in 1781, "Articles of Confederation" ("articles of Confederation")
In addition USA revolution led directly to 13 residents to independence, but in a deeper level so that the people of a series of problems for the government, sovereignty, rights of citizens are the thorough view. America revolution has unexpected features, from the protection of the colonial people originally as British subjects rights struggle eventually evolved into the struggle for national independence, it has profound significance to convert this revolution nature and goal, can say the revolution became a catalyst system innovation. This is because during the war of independence, the reform of the government institutions began, the first is to develop the state constitution, the state constitution became the federal constitution. After the victory of the revolution, the biggest problem states face is their legal relationship and status of the problem. In order to obtain the victory of the revolution, the revolution during the colonial form an alliance, but the nature of the alliance has become the problem of how to define. In 1781 the "articles of Confederation", its core is to solve the problem of the relationship between the state and the relationship between the States and the "alliance". "Articles of Confederation" established a union of the States, known as the "United States", but also stipulates that "the states retain their sovereignty, freedom and independence as well as all power". The 13 colonies as a union, not a unified sovereign state. The Confederacy is a joint body is very loose, just like today's Commonwealth countries. At the time many people proposed the establishment of a unified country, rather than a confederation, but these colonies was afraid of a strong government, because they have a very painful experience: in the British government can still control the side of the Atlantic colony, tax them, so they are afraid of a powerful country, so do not want to set up a federal, just want to maintain a loose confederation, but on the other hand, in order to protect against the British, common interests, they need some form of joint. Can be said that the Confederacy is American government "both love and hate" complex expression.

(4) in 1786, Annapolis Convention (Anna Boris Conference)
Since founded in 1781 based on the "articles of Confederation" of "the United States of America", the Confederate government lacks the necessary power, so in the diplomatic, financial and internal relations and other issues are caught in a dilemma. 1786, 13 colonies in the Annapolis meeting, modifying the articles of Confederation, the Confederation unite still more closely. Two important figures in Hamilton and Madison: the participants proposed to hold a special session in the next year in Philadelphia, to revise the articles of Confederation, the Confederation to respond to emergency situations. An important event in 1786 during the meeting of Massachusetts broke into a big peasant uprising, namely: Sheth uprising. I made Madison and Hamilton uprising of the proposal was the beat all support. Some of the leading figures of Washington included is very worried about the lack of order and authority may lead to "freedom too far". This led to the 1787 meeting held in Philadelphia

(5) in 1787, The Constitutional Convention (the Convention)
From May 25, 1787 to September 17th, the constitutional convention met in philadelphia. The purpose of this meeting was to modify the "articles of Confederation", but later it developed into the Convention, which may be surprised many participants had expected, so some people think that the Convention is a "conspiracy". But for the development of USA and world politics, the constitutional convention of 1787 is an important event in the history of.

From 1776 to 1787, nearly 11 years, the colonists hand needs an order, authority and power to fight across the Atlantic in the UK, but on the other hand, afraid to solve an old problem and create new problems, therefore is not willing to have a powerful country, a strong government. In this contradiction, we can see the constitutional process is also reflected in the constitution will have to make the choice: the freedom of the individual is always an issue of most concern to the constitutional process, in order to get the order, in order to obtain the force of unity, and the need to the. Analysis of this process will help us to understand the Constitution made many compromises made.

USA constitution is a constitution formulated by the young people rather than the formulation. In the Philadelphia Convention on behalf of the States a total of 55 people, the background for the plantation owners, merchants, bankers, lawyers, the average age is 42 years old. Important people, such as: Madison is 36 years old, Hamilton is 32 years old, 52 year old washington. These young people together, they have a common belief and pursuit of value, but also have the courage and ability to make choices of value.

13 states had sent 74 delegates, but at that time, many people, including elected representatives have resistance to the meeting, representatives of the 55 actually, and finally open nongjiu will only 40 representatives, only 39 people in the constitution of the American signature. Many people's enthusiasm for the not, and there are many people feel helpless to attend such a meeting, because they hadn't signed the constitution. In view of this, the constitution while trying to reach a compromise, but can not find a let everyone satisfied solutions; even support sign the constitution of people, also is not necessarily support the constitutional choice, as Franklin urged delegates at the constitutional convention to support the Constitution's speech pointed out:"I support the constitution, because I didn't expect to get a better than that of the constitution, but also because of the constitution is not necessarily the best one constitution".