America constitutional republicanism originalism interpretation

                           Wan Shaohong

             ( University of International Relations Renmin University of China, Beijing 100872)

Abstract ToThrough the analysis of American intention: Constitution Constitution, can see the liberal, democratic politics is the object of criticism American framers of constitution, in does not have the legitimacy. "The Republic" is the framers choose access to freedom and happiness of life style and the constitutional framework for the American people, ideas and the template of this "Republic" from ancient Rome republic. Comparison of Rome classical republicanism and American constitutional republicanism in connotation, shows the theory enlightenment of modern new Rome Republican, also can identify its defects.

Key word: liberal democracyRepublicanismThe Republic of RomeThe theory of new Rome

In this paper, published in the "Journal of Zhejiang" in 2006 fifth 

In today's world, America liberal democratic model if not "the end of ideology", reference is the political theory and practice. Both praise or against, people are not open around it. In China, research USA liberalism and democratic politics[1]Scholars undoubtedly occupy a position of strength.

Perhaps, many scholars to understand the America exactly is "ideology of the American", in fact, the America political label is not the simple liberalism and democracy politics. Very concerned, liberalism and democracy politics were criticized by American founders, in America constitution does not have legitimacy.

For the liberalism and democracy politics criticism long-standing, and the continuous deepening, the outstanding representative is republican. Even has always been awarded the title of communitarianism, Sandel also expressed dissatisfaction with the description USA democracy, political and constitutional history and a tradition of liberalism to rival the traditional, he emphasizes the Republican tradition. Because the basis of Liberalism -- self concept, make it impossible for us to understand some of the possible moral obligation and political obligations not out of choice[II]. And this kind of moral obligation and political obligation is contained in the constitution of the USA. Some scholars of liberal camp itself also expressed to the liberal worry, such as Judith "on the" save American shiqra initiative political theory ", beyond the superficial liberal creed[3]Little James "; Situonaze to American constitution source of common law tradition demonstrates the legitimacy of judicial review in the regulation of liberalism.

Through the analysis of the intention USA constitution, can be seen that the framers of democracy and liberalism is not satisfied, they will give American people to make a "Republic" of the constitution, not liberal or democratic constitution. The mixed equilibrium is the symbol of the Republican constitutional is considered to be the embodiment of justice, is the framers achieve freedom and happiness life style and the constitutional framework for the America people's choice.

One, "Republic" is American constitutional originalism

The United Nations and countries are largely the product American constitutional construction. Supreme constitutional causes all political activities and political theory to be constitutional approval is "legitimacy". "The key legitimacy obtained strong" is to understand the intention of the framers of the constitution. Determining the intent of the framers and respect is the primary principle of constitutional interpretation[4]. This makes the constitution of founding father became the ultimate authority in all matters of political theory and political activities "legitimacy". As Bruce Ackerman said, although America constitution has many defects and failure, but "as long as American still exist, the founding fathers is our destiny. Our politics, our laws, our explanation, always return to them to seek true meaning of them."[⑤]

This had to let us "to the constitution" seriously, back to the USA assembly, back at the scene constitution approved to, to listen to the framers "debate", to analysis the constitution making the records of the meeting, to hold what they should pass over in one's mind and freedom of choice to make a what kind of constitution to American, choose what kind of a way of life for American people.

Respected British republican regime of Hamilton at the constitutional convention admits, "he and many others, enthusiastic advocate of civil rights, though he was the government should take what kind of regime has different ideas, but he believes that he is willing to sacrifice myself. He believes there is unequal, and civil rights exist for a long time, but not equal, itself, is the citizen the right to freedom of the play. He strongly opposed the Rome Tribune with line power leveling and civilians."[6]Hamilton can be seen on the democracy with deep suspicion and mistrust, but he still chose to join the Republic, comparing the proportion of the British constitution more democracy in his beloved freedom.

Madison is known as the father of the constitution, his views are frequently cited, to prove the point. Madison certainly House Democratic role at the same time, more emphasis on the Senate number should be concise, to the full of the wisdom of the elite to control the house of Representatives, the impetuous impulse, maintain the balance between the interests of the state. He also stressed the personal interests to the interests of the state, against libertarianism.[7]

"Federalist Papers" as reflected in Hamilton, Madison as the representative of the Federalist republicanism works considered constitutional interpretation authority[8]. I think also should refer to the anti Federalists thought. The anti Federalist republicanism is also supported, although republican democracy factor of one more than the Federal Party, but its basic stance is to oppose democracy and Liberalism[9]. In fact, preference, the anti Federalist to the small Republic of federal power compression state power, fear of civic and moral education seriously, on the will of the people and the fear that the power of government, that they are more strict sense of republicanism. The anti Federalist even think that their names were the Federalists theft, talent is the threat of Federal Party Republican, Federalist should be called nationalist more appropriate[⑩].

Through "into" USA Convention "field", we find that liberalism "spokesman" Rock position in the constitutional convention is really embarrassed very. Because Rock is subject right standard, emphasize the sovereignty of Parliament, the framers clearly opposed to liberalism. In addition, democracy is criticized for almost all of the founders' at the time, "democracy" (democracy) and "mob rule" (mobocracy) general. The researchers believe that democracy freedom permissive free, it not only harm the freedom, also to subvert democracy itself.

Thus, "Republic" rather than "liberal" or democracy is the America constitutional originalism, the researchers even think the establishment of the Republic is the will of God[j]. Because only the Republic, in order to protect individual freedom, and achieve national glory, as Tocqueville later praised, through the federal republic system, the founding father of the ideal realization, "federal is like a small kind of freedom and happiness, but also as a country that is glorious and powerful"[k].

Two, Rome Republican on the America constitution

"Sacred political science is about people's the science of happiness, and happiness of the people is totally dependent on the government organization. The happiness of the people is the purpose of government, government organization should let as many people as possible to obtain the greatest possible happiness"[l]. Both the monarchy, aristocracy, democracy three benefits of the Republic is a kind of mixture ratio regime, it is a stable form of government, including John Adams, "the USA framers to USA people's happiness and repeatedly weighed, the rational choice of constitutional conclusion. "Single regime, whether people are more careful, will inevitably decline destiny, therefore, the power can never put in a proper proportion, the most important"[m].

"The founding fathers, Cato is of special importance"[n]. When we further investigate republicanism American constitution and its origin, we found that the founding fathers of republican ideology comes from ancient Rome republic.

The stability of Rome, glory, power and virtue aroused infinite yearning for the founders, and Polybius and attribute the success of the Rome to civic virtue is the core of the Rome republic. This leads to the founders of Rome Republic's favor. America political science father John "Adams is the Rome Republic firmly advocates and promoters, his works" as America constitution defense "has great influence on the USA public as well as the founding fathers, many viewpoints which were adopted at the constitutional convention. People also use the elected him president ways that he advocated identity.

An important effect on the formation USA constitutional thought and theory of the Republic of Rome and the government is very large, even in Rome classical republicanism which no property, women and non Roman exclusion and discrimination, poor, also in the limit, as American constitution property of blacks and women's Discrimination Legal defense. The Rome Republic is the framers sought government form results from the ancient history, is the founders' debate results.

   The political structure of the American are largely the product concept of political philosophy, for this point, Gordon Wood has a clear exposition in the "build" the Republic of china. In order to search for the good life worth living, the founders' experience in continuous help vast political philosophy[o]. But Gordon Wood has exaggerated the influence of Whig theory to America constitution, he did not see the framers of the constitution theory is to discard is Whig theory.

For Gordon Wood exaggerated effect of Whig theory to American constitution, Karl Richard "was criticized by American founding father and classical theory"[p], he demonstrates the classical theory in the book (mainly is the ancient Greek, Rome) in the face of the framers of American constitution from positive and negative two. He believes that the environment and the background knowledge of classical studies USA founders located, prompting them to rebellion against British colonial rule; they also obtain the principle and system model is established America constitution from the classical theory, the most important is the Rome classical republicanism theory. In the process of constitution making and approval of Athenian democracy, against the Rome school to win, the Federalists and the anti Federalists to compromise by the current American constitution.

When we confirm the thought and practice of the Republic of Rome and republic theory has a great influence on the formation time of USA constitution, does not exclude the ideological origins of other historical forces acting on the American constitution in ancient Greece, the trend in democratic theory, the British monarch constitutionalism, enlightenment rationalism, England the common law tradition, ideology, are generated to American constitution has influence not to be ignored. However, through further in-depth study, can be found in these sources, Rome republicanism is the most important, the most important. The framers of the constitution is the comparison of democratic theory, the decline of British constitutional lessons of ancient Greece, select a stable, strong, brilliant Rome Republic as the prototype and the model, the classical republicanism created its modern form -- American constitution, as the best system to freedom.

The theoretical implications and defect of three, new Rome Republican

The understanding of the connotation of republicanism is the basis USA Rome grasp of republicanism. A shortcut and grasp the connotation of republicanism to modern republicanism of this concept is interpreted as the entrance. With Skinner as the representative of the new Rome republican thought, Machiavel was the first great Republican, in Machiavel, from Rome, classical republicanism began with modern features, and was the Republican Harrington's inheritance and light, and then influence the USA founding fathers, become the cornerstone American constitution. This is the theoretical contribution of the new Rome Republican for reproduction in the America constitution republicanism origins.

By re interpretation of the history of Rome and its republicanism writer text, can also be found in new Rome theory the representative figure of Skinner on the Rome Republic's interpretation of the text is not accurate enough, flawed. According to the theory of "new Rome School of historical contextualism" methodology, their republicanism theory is based on the interpretation of the text of the Republic of Rome, which led to the vulnerability of the new Rome theory. They make such a mistake, I think, this and they want to and liberalism compromise inseparable.

In the classical republicanism. Freedom is closely linked and rule of the people, the freedom of the people is shown in the process of self-government in the. But, Skinner, Pettit of the classical republican thinkers through his re interpretation of the classical republicanism, proposed the Rome freedom is a kind of "non domination" "third kinds of negative freedom"[q]. In fact, they tend to be conservative, respect the order, the Rome Republic's freedom is a kind of obedience is the foundation of freedom, with heavy elements, patriarchal hierarchy and nobility, as Cicero said, "the citizen freedom lies in realizing the nobles will not hinder"[r]. With control of strong Roman freedom (dominant), the Senate of Rome is the main responsible party to the "control". In American constitution, the "control" element is weakened, Democratic Republic inside the scope and depth to expand and deepen, but the founders' intent 'is still the election political elite leading in the political life of the country through the restriction, competitive, the necessity of power control and the public authority as to educate people, promote the public happiness. Carle · J · Friedrich even think that Polly than a highly praised by Rome mixed constitution and not to protect individual freedom, but in order to make Rome stronger and make the soldier of Rome citizens can effectively participate in state affairs[s]. At this point, Friedrich could see the Romans enjoyed liberal sense of personal freedom is not free, but he the complete negation is going to extremes, in fact the individual freedom is the natural law discourse form, into the Cicero Republican in the work, and was inherited USA constitution makers.

Pettit Skinner, the Republican freedom is defined as the negative freedom, they think the Republican freedom is not to rule, and is not to be ruled, this has neglected the republicanism of active citizens call. "Republic of China as the people's property" cannot do without the political responsibility and rational deliberation behavior. In the republican regime, personal glory and freedom is realized through the active participation of the citizens in public affairs; it is also actively involved in the citizens of this, free Republic can achieve and maintain. Free country is the premise condition of individual freedom, America constitution aims to create a free Republic of the United States, in the free state intervention and management, realize the interests of the state and the individual freedom. "The Republic" in the element is bright and constrained, and Skinner does not understand it, is simply to maintain personal negative freedom tool. Republican regime is to get rid of people's political indifference, avoid excessive democratic impulse mass. "The Republic" embodies a particular political life, itself is a kind of value, a political appeal, which is not only a kind of tool. Republicanism under the construction of freedom is the negative freedom and positive freedom mixture of third kinds of freedom, not Berlin dichotomy of positive freedom and negative freedom. Because the dichotomy with Berlin positive freedom and negative freedom tension, while republicanism of positive freedom and negative freedom is not in conflict with each other, they are mutually supporting.

Elements of the new Rome Republican contemporary republicanism as the representative of the absorption of Renaissance later humanism, aiming at the disadvantages of liberalism and authoritarian, trying to return to the ancient Greece and Rome, with the help of the classical republican, on the premise of the rule of law priority, promote civic virtue, patriotism and political responsibility, emphasize the equality of citizen's political participation, negotiation. But it is not going to cancel the liberalism, on the contrary, it tries to show themselves and liberalism, especially the liberal egalitarian homogeneity. Compared with classical republicanism, it expanded the importance of personal interests, against the country with virtue and civic duty as grounds for the deprivation of liberty. Of course, there is also the contemporary republicanism liberalism focus too much on the private interests, political apathy, ignoring the public interest orientation of criticism and correction. That is to say, contemporary republicanism is constructed based on the classical republicanism and liberalism in modern two-way correction and Transcendence in the process of construction, in a unique interpretation of modern republicanism, America constitutional republicanism in connotation.

Conclusion: republicanism American constitution is very complex, it and liberal, democratic politics has have all kinds of connections with relationship. Individual freedom is the framers of the constitution America forever in the hearts of the target, republicanism itself contains democratic dimension; but this democracy is democracy under the republican principle defined, not without boundary, can be arbitrary expansion of the democratic politics of democracy, republicanism of freedom is freedom under the legal limit, not a liberal by virtue of rights as an excuse to do as one pleases freedom. Republican constitutional by different social strata to the national governance, avoid the majority or minority arbitrary and zero and event, in order to achieve national glory and individual freedom.

The Republican American constitution, both as a kind of political theory is a kind of system construction mode, it will not be the pink of perfection, it cannot eliminate objective tension embedded in republicanism. However, it is "let us avoid the value target trap only good and achieve self mode only system a destination; the key and it tells us that all political solution in meditation and compromise; it left us a legacy is not it have reached the goal, but that it left us a chance"[21].