Notes.

[121]"Lawyers keep secret to against democracy with aristocratic habits of their instinct,...... Court. The most striking tool against democracy ", Tocqueville:" the USA democracy ", the309Page.

[122]Hamilton: "the Federalist Papers", article393Page.

[123]This was an opposition to the Supreme Court review, Wang Xi: "principle and compromise: American constitutional spirit and practice", Beijing: Peking University press,2000Years, the121Page.

[124]Supreme Court justice Kurth Ivan Haig to call a spade a spade: "we are located in the constitution, but what is the judge, the constitution is what." Buckman: "Introduction" American constitution, article118Page.

[125]Lincoln once said: "if the government for the major issues affecting the people because of the decision of the Supreme Court and can not be changed...... Then people will not become their own rulers." Buckman: "Introduction" American constitution, article86Page.

[126]Wang Xi: "principle and compromise", article108Page.

[127]Schwartz: "American legal history", article122Page.

[128]Beard: "USA constitutional economic outlook", the137Page.

[129]"The solution American constitution with Britain, by limiting the right to vote, through the provisions of indirect elections for president and Senator and the election of different government departments, carefully protect middle-class interests. These arrangements to prevent the mass movement of radical gained control of the government can cause dangerous change." L.S.Staveley Anos: "Global History: from prehistory to21Century ", translated by Dong Shuhui, Beijing: Peking University press,2006Years, the560Page.

[130]Hadley, Beard: "USA government and politics", translated by Zhu Cengwen, Beijing: the commercial press,1988Years, the44Page.

[131]"We must remember that these (". ") the author said system consists of two basic parts -- part is positive, one part is negative....... In some cases, action is always directly benefiting the ruling group. If they wish to gain economic benefit through the government's authority, they should of course have a different must power system....... On the other hand, the interests of rule group also can often benefit from the government's action to prevent....... Many property owners, positive action to fear the government, as the fear they cannot by favorable legislation. In the private property industry has expanded to include all tangible and intangible wealth form, this is especially true." Beard: "USA constitutional economic outlook", the108-109Page.

[132]Beard: "American government and politics", article44Page.

[133]Hamilton: "the Federalist Papers", article45Page.

[134]"The Convention of the conservative temperament as the" Declaration of independence "revolutionary temperament", Acton: "freedom" in history204Page.

[135]Wang Xi: "principle and compromise", article121Page.

[136]Nelson Friedman Black: "American social life and ideology history book", translated by Xu Jihong, Beijing: the commercial press,1994Year edition, No.206-207Page.

[137]Beard: "USA constitutional economic outlook", the220Page.

[138]Beard: "USA constitutional economic outlook", the220Page.

[139]Hofstadter: "America political tradition and its founders", article14Page.

[140]"Their aim is to establish a government of, by it as honest broker between the bourgeois various interest groups, to protect them against a common enemy, and prevent one from becoming too strong. The Convention is different property association. All kinds of property should be in the government according to the proportion of possession. Sometimes may have to sacrifice other people's property interests, but the sacrifice just to have the interests of the whole."Hofstadter: "America political tradition and its founders", article15Page.

[141]Day and Ziegler also believes that the constitution is only minority rulers works, but the majority of people are not more actively to oppose, but passive indifference, not deeply involved in the approval process. Day and Ziegler: "democracy.", article53Page.

[142]Beard: "USA constitutional economic outlook", the22Page.

[143]Beard: "USA constitutional economic outlook", the208-209Page.

[144]Beard: "USA constitutional economic outlook", the211Page.

[145]Beard: "USA constitutional economic outlook", the203Page.

[146]Beard: "USA constitutional economic outlook", the222Page.

[147]Beard: "USA constitutional economic outlook", the214Page.

[148]Buckman: "Introduction" American constitution, article49Page.

[149]Buckman: "Introduction" American constitution, article50Page.

[150]Buckman: "Introduction" American constitution, article51Page.

[151]Eric Foner: "American free story", the52Page.

[152]This "parties", "a party by the small rebel, they are debtors, not law, but want to share other people's property; these are called egalitarian, Shea (i.e. I -- cited note), and so on; the other party is composed of a few people, they have the slave Yan maidservants knee. Supporters, is more dangerous than the former; these people grab all the power and wealth; you can see the obvious dissatisfaction with the government of free and equal in the actions of these people, they will have to the government of the country of essential transformation system; these people called the aristocratic faction, in this between the two sides is the most: their community have not much property, no debt, satisfied with the Republican government, also do not want to send big money, do big, dominion.1786Years, little insurrection and egalitarian appears in succession, violated the rights of others, want to establish government according to their wishes. Their actions clearly inspired a party, the latter in1787Years of occupation the political position, in the fashion followers support, unable to hold oneself back by mouth and pen's efforts to build a more elegant government. Compared with community firm, free and independent part, these two aspects......Are not worth mentioning." Parrington: "America thought history", article254-255Page.

[153]RobertA· Rutland: "Madison in the Constitution and bill of rights in the role of Kenneth Thompson:" the constitution ", the political theory", translated by Zhang Zhiming, Beijing: Sanlian bookstore,1997Years, the160Page.

[154]Beard: "USA constitutional economic outlook", the203-204Page.

[155]Atak, Passel: "the new USA economic history" (on), the84Page.

[156]Beard: "USA constitutional economic outlook", the169Page.

[157]Beard: "USA constitutional economic outlook", the153-154Page.

[158]"In four states to ratify the constitution,...... Quick action can be said to be due to the general public will support the constitution, but also can be said to be due to the action of the opposition, Beard quickly be taken by surprise ":" America constitutional economic outlook ", the161Page-162Page.

[159]"Pennsylvania is authorized by the constitution to the second state, because the state Federalist strategy, is before the anti Federalist organization up, things quickly completed," Morrison: "the United States of America growth" scroller, No.330Page.

[160]Beard: "USA constitutional economic outlook", the168Page.

[161]"We must use the gain to bribe politicians", the draft said Guvino Morris, Buckman: "American entry" constitution, article53Page.

[162]J.Bloom: "America course" I, Yang Guobiao, Zhang RulinTranslation, Beijing:The commercial press,1988Years, the214Page.

[163]Beard: "USA constitutional economic outlook" the ninth chapter.

[164]Beard: "USA constitutional economic outlook", the209-210Page.

[165]Bill Deutsch, Beard: "USA constitutional economic outlook" translated reprint preface article5Page.

[166]"A federal system of government under the constitution are two seems to be irreconcilable goals to be the result of compromise. On the one hand, the need for a strong central government, has full authority to protect the citizen's property from aggression, irresponsible legislature. At the same time, the framers of the constitution is very understanding, a powerful central government, and the risk of tyranny and oppression. In order to solve this problem, the constitution to the central government gives certain limited specific powers. These lists or delegated authority, and has combined with the States, some makes the government has sufficient authority to control the state action. At the same time, the constitution of mutual restrict and balance of power system, and the sudden action or change sharply with the radical more difficult." Buffett and Rees: "USA economic history", article194Page.

[167]"The bourgeoisie usually very like decentralization, especially love representative, but the capital in the factory code is through private law dogmatically established on workers' tyranny." Marx: "Das Kapital" first volume of the thirteenth section of the fourth chapter, "Marx Engels complete works" contained in twenty-third volumes, Beijing: People's publishing house,1972Years, the464Page.

[168]"Long term as wealth rule definitely for wealth accumulation, invasion on the rights of the poor will be accompanied by the wide spread the world plan. Look at the first time of human wisdom in education and health, security, cooperation and heal the wounded and rescue the dying as well as in the protection of workers against the law for selfish how little, in this generation is how much, so there is certainly reason to believe a such major changes are needed the democratic struggle, efforts were not wasted." Acton."Freedom" in history79Page.

[169]Lamine Jahanbegloo: "Berlin conversations", translated by Yang Zhenqin, Nanjing: Yilin press,2002Years, the38Page.

[170]"Berlin is extremely angry, his paper was widely interpreted as such a meaning, that all intervention in economic decision of government action belong to a class of 'freedom', and therefore also the Communist are birds of a feather. Berlin's purpose is not to deny the legitimacy of the welfare state, but to force the welfare state that proponents of the economics itself to defend the economic equality ideal, rather than the economic equality as a form of freedom. In fact, when he was in1969Years to publish the paper, Berlin pointed out specially, negative liberty are commonly used as exploitation permits, economic inequality deprived of human freedom and social conditions." Eric Foner: "American free story", the367Page.

[171]Hayek: "the economy, science and Politics: the essence of Hayek thought", translated by Feng Keli, Nanjing: Jiangsu people's publishing house,2000Years, the417Page.

[172]Hayek: "law, legislation and liberty" volume third chapter fifteenth, Deng Zhenglai et al, China Encyclopedia press,2000Years.

[173]Hayek: "the road to Serfdom" chapter eighth, translated by Wang Mingyi, Beijing: China Social Science Press,1997Years.

[174]See my article "visual laissez-faire fictional myth of Hayek", Beijing: "green",2009In the first stage.

[175]Tocqueville. Memoirs of Tocqueville ", Dong Guoliang transl., Beijing: the commercial press,2004Years, the201Page.

[176]The formation process of the so-called "majority", see my article "only parliamentarism paradox -- the social democratic self destruction.".

[177]William Shulman.Dishonorable Alliance: Schmitt and Hayek ("Excerpt from William Shulman[William E. Scheuerman]Karl Schmidt: ': the end of law'[Carl Schmitt: The End of Law,The Rowman & Littlefied Publishers 1999Year of publication]), translated by Liu Yi, Zheng Yongliu editor: "The philosophy of law and sociology of law. "2007Second (twelfth), Beijing: Peking University press,2007Years.

[178]Lu Xun: "Shanghai arts at a glance", "heart".

[179]Lu Xun: "" eat white rice "", "quasi romantic talk".

[180]Lu Xun: "Shanghai arts at a glance", "heart".

[181]Lu Xun: "Shanghai arts at a glance", "heart".

[182]Lu Xun: "" eat white rice "", "quasi romantic talk".

[183]Huang Jisu, I wish our ":" five four "after the two enlightenment", Beijing: "green",2009Fifth years period.

[184]Huang Jisu: "strengthen civil society literature",Huang Jisu: "Chinese not happy",, Nanjing: Jiangsu people's publishing house,2009Years.

[185]Han Shaogong: "and the theory breakthrough (order<Offbeat stance>Xie Shaobo:) "," offbeat stance ", Zhao Guoxin, Chen Li transl., Nanjing: Publishing House of Nanjing University,2009Years.

[186]Huang Jisu: "the era of academic corruption", Huang Jisu: "Chinese not happy".

[187]David·Miller, Wei Nong·Pogue Darrow series "Blackwell". Encyclopedia of political science, Deng Zhenglai, Beijing: China University of Political Science and Law press,2002Years, the741Page.

[188]In recent years, along with the Hayek became popular in China, the respected "Lord Acton" have gradually begun to attract people's attention. The "liberal" "master", was standing in Calhoun and the slave side, firmly defend the slave of slavery "free".

[189]1868The Fourteenth Amendment to the constitution, is the end of the civil war to destroy slavery and development, its main content is: "all persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and their. Any state,...... Without due process of law, no person shall be deprived of life, liberty or property." The company does not belong to the "people".

[190]Buckman: "Introduction" American constitution, article103Page.

[191]"Often overlooked, the president put forward the packing plans before the first court, that the law philosophy change decision has been formed. 1937Years3Month29Day...... The Supreme Court of the correct statement is announced a month in the president's proposal, but the case itself announced in court (packing plan1937Years2Month5Day-- cited note) before1A month has discussed in the judge will decide. The indirect evidence proves that the number of years after the chief justice Hughes recognized by its author's narration, 'the president's proposals not the slightest impact on our decision.'" Bernard•Schwartz: "USA Supreme Court history", Bi Honghai, Ke Chong, Shi Minglei, Beijing: China University of Political Science and Law press,2005Years, the258Page.

[192]"In the UK, serfdom actually eliminated in the end of fourteenth Century....... The farmer land ownership was deprived, in Britain after a religious reform and revolution the two times, until nineteenth Century. The development of capitalism is not from the outside in, so it had enough time, can long ago in the awakening and went into politics, would eliminate the independent farmers." Trotsky: "the Russian Revolution History" the second chapter.

"Britain has at least a few centuries to let it dominate. It is a pioneer of bourgeois civilization. It is not other ethnic oppression, but increasingly put them under his oppression. It exploits the world. This mitigates internal contradictions, accumulated a conservative, contributed to the wealth of fertility and fat quality of sediment stability, the fat deposits such as: parasitic layer, the dynasty, the house of Lords and the church. Because of the historical privilege is very bourgeois development in the UK, conservatism combined with elastic, then from the system transferred to morality." Trotsky: "the Russian Revolution History" the sixth chapter.

[193]Facing the three countries revolutionary international conditions vary, the revolution trend and ending impact. Britain as the edge of Europe Island, long term is not regarded as a part of Europe, so the revolution by the autocratic monarchy, group were less attention or opposition. More fortunately, during the revolution, the countries of the continent is the Thirty Years War tired, also cannot take care of britain. USA revolutionary international best conditions: away from Europe, only to face England suppressed, but at the same time from France Spain Holland there have strong international aid, the British finally defeated, is mainly the French army. The French Revolution international conditions the worst: revolution in the power of one country alone against all of Europe's siege, as long as twenty years, finally overwhelmed. The progress of the world impressed, but suffered heavy losses, has since become a second rate country. Today "persimmon party" people indulge in elaborating on Anglo American Revolution in mild, compromise, progressive, never consider, if the American revolution also suffer from the French Revolution to international pressure that, will present another situation. As for the fate of the Russian Revolution, it is the decision of the international conditions. Revolution from the beginning to consciously put themselves as part of the world revolution. The results of the world revolution continued failure led to the Russian Revolution, the Soviet democracy gradually reduced to the party's bureaucratic dictatorship.

[194]Minette: "history of the French Revolution", Beijing translation agency, Beijing: the commercial press,1997Years, the283Page.

[195]"Since then, the socialist democratic promise provided the impetus for the largest. Democracy and Socialist Alliance is the main fact in French politics." Acton."Freedom" in history78Page.

[196]Tocqueville: "on American democracy", the8Page.

[197]Marx Louis·Bonaparte's May 18th "the seventh chapter.

[198]See Jean - Pierre·Azeri Ma and Michel·G: "until the French Third Republic",Shen LianzhiBeijing: the Commercial Press,1994Years.

[199]See my article "only parliamentarism paradox -- the social democratic self destruction", "Hongkong fax",2007No.84Period.

[200]England and France, Germany, Austria, Italy, than, Dutch, Swedish, Russian, Finnish, Norwegian and other countries are so.

[201]The latest example is the Nepali maoists.

[202]See my article "only parliamentarism paradox -- the social democratic self destruction.".

[203]John•Deng Enbian "democratic process", the253Page.

[204]Latin American countries are also advocating regime imitation America, so-called judicial independence. Venezuela2002Failure in anti Chavez coup regardless of public opinion, the court -- is also against the law -- the coup organisers not guilty verdict.2009Honduras to overthrow the democratically elected President Zelaya coup, the Supreme Court immediately announced coup legitimate. Judicial independence is the coup the accomplice of the executioner.

[205]"Hayek said that capitalism is the guarantee of freedom. So when the conflict between freedom and capitalism, when the human desire to exercise its abandoned capitalist free -- Hayek 's "when democracy and hinder the free time", Hayek will choose what? The expense of human freedom to save capitalism! Called "libertarianism", as the capital oriented, the supremacy of property. In the "Freedom Charter", "law, legislation and liberty" and other works, Hayek's choice is: attack of universal suffrage, discredit democracy, hostile to trade unions." The essay "visual laissez-faire fictional myth of Hayek", Beijing: "green",2009In the first stage.

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