American constitution and bill of rights

In July 4th with the USA Independence Day celebrations, we published in 2002 a broadcast, help readers to understand the development process American constitution.
June 17, 2002
Reporter: sub microWashington

More than 200 years ago, USA founding fathers established the Federal Constitution, the principle of separation of powers in the constitution of the composition and distribution of rights, the establishment of government agencies, and later added the "bill of rights" and other amendments to the constitution, safeguard the rights of citizens against government power to infringe. Here, we to the constitution the birthplace - Pennsylvania, Philadelphia, back when the constitution process.

* the constitution background and after *

Centennial Bell was ringing is located in Pennsylvania City Center for Independence National Historical Park in Independence Hall. By 1776, 13 colonies in North America, meeting the representatives of the "Declaration of independence" in the declaration of Independence Hall, from the British colonial rule, the establishment of the United States of america. , states are making "federal regulations," provides that states retain their sovereignty, freedom and. However, due to the lack of a unified, strong central authority, the whole country is facing difficulties in foreign relations, national defense and trade. Then, during the summer of 1787, state representatives Independence Hall in Philadelphia, months of the meeting, the draft constitution drafted American.

According to Independence National Historical Park manager Rick Starr (Rick Starr) is introduced, 1787 late May meeting was to modify the "federal regulations", not long after the meeting, attended by 55 delegates decided to abandon the "federal regulations" completely, re enacted a constitution. However, for the common interest of federal and giving up some sovereignty states caused great controversy.

Starr said: "one of the States decided not to send representatives to attend the meeting, on behalf of another state was present at the meeting in two months. The delegates pledged to confidential meeting. They ordered the closure of all the windows, and watch set at the gate, to prevent anyone. Some delegates with each other, and some representative disagree. It is hard to imagine them in the house a few months, eight to ten hours a day, a day on Saturday the meeting is what scene. At that time, not like today is equipped with air conditioning, some people simply walk out. However, people left to save the union."

According to Starr, James Madison, be strict in one's demands to record daily meetings, the 81 year old Benjamin Franklin despite suffering from arthritis, or sick people with the sedan chair to the meeting, the meeting unanimously elected George Washington as the chairman of the meeting. The delegates began to argue, then to compromise, to mid September meeting to the time of four months, a new government idea and a complete constitution.

United States Naval Academy associate professor of political science, constitutional expert David Wei Deng (David Weiden) says this history, America first constitution is actually in 1781 through the "federal regulations", and thus created a consists of the original 13 states a loose federation. However, due to the "articles of Confederation" there are a lot of problems, for example, it does not set up administrative institutions, the president, the court, and the establishment of adequate central government to lead the country, so it is necessary to establish a perfect constitution.

Wei Deng said: "at that time, equivalent to the current congress Congress proposed the establishment of a committee to draft a new constitution, the members of the committee are male, they met in Philadelphia in the summer of 1787, a debate on the content of the constitution, and finally put forward the draft constitution, which is in use today's American constitution."

Wei Deng pointed out, the draft constitution was published, submitted to the States for approval. However, the ratification of the constitution, the country is divided into federal and state the right to send two camps. The Federalists supported the new constitution, the right of the state to send said opposition. Key state dispute is how to allocate federal and state power. The Federalists wanted to form a more powerful central government. However, the right of the state to send worry that state power will be deprived of, handed over to the central government.

Wei Deng said: "the results show that, more than two hundred years later, that state the right to send is fully justified. However, it is because of the strong central government, today's USA so strong. After a heated debate, the first Congress formally adopted the constitution went into effect in March 4, 1789, in April the same year, according to the constitution of the federal government, George Washington was elected the first president American."

* right * constitutional allocation of government

Yale University School of law, constitutional expert Paul Gwiltz (Paul Gewirtz) points out, American constitution mainly solves the structure of government and the people's rights to the two basic questions. He said: "in the government, the most important point is, USA constitution established the check and balance system. Divided government legislative, administrative and judicial three institutions. The constitution is the concept of any government authority are not too strong. The mechanism is the Constitution grants special powers, but mutually dependent. This means that, among the agencies have checks and balances of power, do not make any one agency to have too much power."

Specifically, the legislative power, administrative power and judicial power belongs to the Congress, the president and court respectively. Congress as a legislature passed legislation, the president is head of administrative institutions, have the right to veto legislation passed by congress. However, if both houses of Congress have voted to 2/3 through legislation, law can enter into force. The president has the right to appoint federal officials, but must be approved by Congress, Congress has the power to impeach the president. For example, American house of Representatives passed two articles for impeachment USA former president Clinton in 1998: of perjury and obstruction of justice, and later in the Senate because of not getting enough agreed to vote, so Clinton can continue to the presidency. American constitution also established the Federal Supreme Court, and the provisions of other federal court approved by congress. The Supreme Court to remain independent, has the power of judicial review, the judge tenure, nominated by the president, the Senate approved.

In addition, America constitution and later the "bill of rights" is also on the relationship between the federal and state and the distribution of power made regulations. The provisions of the constitution of the federal government has such as interstate commerce, taxation, foreign and military power, who had no constitutional federal or did not prohibit the state powers, was retained by the states or to the people.

Yale University School of law, constitutional expert G Welch pointed out, USA constitution is a still living law, rather than a political declaration, it is very important to understand the. He said: "because of USA constitutional law is, it is like other laws are the same, can be used in the court, because it is a higher level of law, the court may refer to the constitution, laws and the Constitution does not match the invalid. Therefore, according to the America constitution, the courts do not beyond the legal authority to ensure that other government agencies, particularly in ensuring that the legislation passed by Congress in accordance with the constitution, plays a very important role. The constitution is a living constitution in America life."

* the constitutional guarantee of the rights of the people

However, the draft constitution was not originally provided the basic rights of citizens, some states and the Democrats have proposed to increase the rights of citizens in the constitution content, as ratified the constitutional conditions. In 1789, the first session of Congress by the Federal Constitution, added the first to the Tenth Amendment, the amendment took effect in 1791 is often called the "bill of rights".

We start with the first amendment as an example of the constitution is to protect the rights of the people. Yale University School of law, constitutional expert G Welch said: "the first amendment to the constitution to protect publishing speech, and freedom of religion, this means, people can speak one's mind freely, not subject to government punished for publishing unwelcome remarks; publishing free publication, not with the publication of government don't like things were closed or by other punishment; people can without government intervention, in the way they like, free to choose to engage in religious activities. The government can not support a kind of religion."

The first amendment to the Constitution also includes the people enjoy the peaceful assembly and freedom to petition the government, this point may be best demonstrated by the late black civil rights leader Martin Luther King's life. American after the civil war, although the constitution amendment to the law on the abolition of slavery, but racial segregation and racial discrimination is still very serious. In order to fight for the rights of black people, in August 28, 1963, Martin Ludkin led two hundred and fifty thousand people held for jobs and freedom American parade in Washington, he declares his USA future expectations.

Martin Luther King said in a speech: "I have a dream, in Georgia hills, slaves and slave owners son son like one's own brother sat at a table... I have a dream, one day, my four children to live in a not in color, but on their personality to judge their country..."

Martin Ludkin think, a the most fundamental civil rights movement is that all Americans have the right to peaceful assembly in public places. He has launched a series of non violent resistance to apartheid movement, public facilities, and many leading protests and demonstrations. In 1964, Martin Luther King was Nobel peace prize. In 1968, he murdered for civil rights.

In fact, the constitutional amendment of ten, also is the "bill of rights" also includes many other content, for example: people enjoy the personal, residential and inviolability of property, without due process of law to be deprived of life, liberty or property, any criminal case may be forced, the defendant has the right and witnesses, request bail, entrust a defender, as well as non grand jury indictment, the right of the people without death and dishonor condemnation. With the passage of time, American constitution and later added another 17 amendment, the 17 amendment mainly relates to the abolition of slavery, the reform of the electoral system, racial equality and gender equality issues.

* the controversial *

United States Naval Academy constitutional expert Weiden think, given these rights to the constitution, the Americans very seriously. He said: "USA is an individualistic country, this is the constitution contributed to a large extent, the Constitution provides for each citizen's rights. So, you always hear Americans say, I claim the right to me, I claim that my rights. This tendency leads to conflict between individual rights and social rights and constitutional disputes.

Wei Deng for example, a legislation through USA Congress recently said, no one is allowed to prepare child pornography images on the computer, although there is no real images of children, who think, even image imitation of child pornography is a violation of the law. However, the Supreme Court said, Congress of violation of the provisions of the constitution of free speech clause, so this part of the legislation will be deleted. Here, often quarrel between individual rights and public rights. Wei Deng said, individual rights, also is the citizen the right to freedom of expression, even if the speech in imitation of child pornography content. However, almost everyone agrees, our society can not allow child porn things happen. Here, a contradiction between Americans cherish individual rights and public rights.

Thus it can be seen, the contradiction USA Congress and the Federal Supreme Court's interpretation of the first amendment of the constitution. The starting point of the Federal Supreme Court, the first amendment to the Constitution stipulates that citizens freedom of speech is protected, and America Congress for the interests of the community to think, some of the comments, for example relates to child pornography rhetoric, not in the protection of the first amendment to the constitution of the list.

However, United States Naval Academy constitutional expert Weiden think, America constitution as the supreme law of the state in general operation very success. He said: "USA constitution is a written constitution in the world history's most successful , constitution and the rest of the world, its continued existence and use most of the time. So far, we try to democracy and rights has proved to be very successful. However, the constitution has many problems. Some people may say, the Constitution did not fully protect certain rights, such as ethnic minorities and gay rights. But, I think, USA constitution in general very successful."

Wei Deng pointed out, in 1787, we face two road, American like Europe, divided into many small, competing, can unite and form a unified country. We chose a road. Although America constitution and American are not perfect, but, they provide a great attempt to our practice of democratic and representative system, the American can rapid development in the world powerful.