Anti democratic American constitution

Du Jianguo/"Chinese Social Science Journal"2010Winter rolls

 

Abstract:The war of independence America states before and after a wave of democracy, the public to actively participate in the urban and rural labor, a threat to middle-class rule. The middle class eager to through the formulation of a new constitution to transformation of the central and local democracy, democracy on the property to remove the threat of. The implement principle American constitutional separation of powers and checks and balances, is on the principle of the sovereignty of the people's Revolution: decentralization, is the people's power should be entirely separate; balance, is the supreme will of the people or the power balance. When the people to protect themselves against the oppression against the exercise of property or capital sovereignty, its power will be divided by because of constraints, that cannot achieve the purpose. A constituent assembly carrying people to develop the constitution, then made a surprise attack, in most people do not understand even opposed the constitution. The seemingly contradictory "strong government" and "weak government" in the constitution could get along swimmingly with each other, the bourgeoisie rogue nature. Parliamentary constitutional monarchy role should not be overestimated, no contrast between the social class power and tension which can permanently constrained. Set the constitutional, genocide, "new liberalism" in one of the Pinochet model, is America constitutionalism in20The development and innovation of the most important.

 

The federal constitution is America democracy pillar, has always been regarded as a model of democratic system.

Played American Supreme Court Chief Justice John Marshall plays an important role in America constitutional movement, the people's sovereignty principle embodied in the constitution has made the following classical evaluation: "(USA) government directly from people, in the name of the people lay up,...... The federal government is a government of the people, in form and in essence, it is from the people. Its authority from the people, to exercise directly in the interests of the people...... It is the national government; its power from the National Commission; it represents the people, and for all the work."[1]Later, Lincoln's famous "of the people, by the people,", is regarded as the best generalization of America democracy.

Now if someone asserts, originally developed America constitution is for the purpose of"Stop the rash of democracy"[2]Of, or American constitution principle is"Should the government, so few people rich to be protected, the inviolability of the majority"[3]The people must be resolutely opposed. But surprisingly, the remarks were respectively from the father "and" the constitution USA Alexander Hamilton and James Madison port. If that is the case? Well, that's the thing. Determine the nature of USA constitution, Hamilton and Madison must be the most qualified. If so, then we should study on the re USA constitution. The constitutional movement enabler is what social group? What is the reason and purpose of the Constitution? The Constitution can be worked out? What is the core content of the Constitution? The constitution is how to? Only in this way, we can understand why Hamilton Madison called the Constitution and anti democratic.

 

One, the constitution of motivation: lift the Democratic threat to wealth

 

(a)

Stability of contemporary capitalism and democracy coexist, so that the world thought that capitalism and democracy are the birthright of life. In fact.

Conflict and democracy of private property, long-standing contradiction of society, the poor minority rich and the majority of the community, has been difficult to reconcile.[4]As everyone knows, as early as two thousand years ago, when "the concept of democracy" was born in the ancient Greece, Aristotle in his famous work "politics" in a clear expression of fear of Democracy: the bourgeois democracy means people's rule, is the majority of the poor of the minority rule the rich. Since then, the bourgeois democracy is always regard Great scourges.

The capitalist private ownership is from medieval internal initiation and grow, the bourgeoisie has inherited the traditional middle class hostility to democracy. People usually use the first capitalist revolution of England Revolution called bourgeois "democratic revolution", this is no reason. Against the autocratic monarchy, does not necessarily mean that support people's democracy.

Formed in the enclosure movement of the British bourgeoisie, when two opponents: the first one is against the enclosure of the farmers; second is the autocratic monarchy, the king hand to capitalists chaos to collect taxes, on the other hand, do not actively cooperate with the capitalist farmers plunder, incur capitalists against. In order to plunder the farmer, to uniform king; in order to subdue king, first to the farmers. This is the bourgeois reckon without one's host. The bourgeoisie -- or by the bourgeois exclusive parliament -- assumed a posture to coax and plead for the people, rely on the support of farmers, overthrew king. The overthrow of king, farmers -- equality made the Democratic requirements: get the right to vote, to share the power of parliament. The bourgeoisie is firmly opposed to maintain their own electoral privileges. Both independent and equal -- Cromwell -- in dispute1847The Putney debates for years. Finally, Cromwell will struggle to complete suppression of equal ended. The bourgeoisie against the autocratic monarchy, but against the people's democracy, its goal is established by the parliament oligarchy monopoly, this is the essence of the English revolution. After two hundred years, the bourgeoisie with its parliament oligarchic tyranny, farmers plunder[5], squeezing workers, the achievements of the first modern capitalist society. The working class and other laboring people gained the right to vote, after that or charter movement after the Long Parliament reform to achieve.

Two.

Hostility to democracy, ruling class at the beginning of the founding of America is no exception.[6]

The war of independence before and after the formation of the wave of democracy, the first time in modern history that political rights extended to most consumers, or that may be. The democratic tide threatened states rich gentlemen property rights, they want to through a new constitution to remove this threat so anxious:

"Revolution eliminates the pressing of the British government, so the old colonial farmers, liabilities and squatters on traders, investors and big land owners discontent to burn up, some states underclass by new democracy, the bourgeois was ten with panic, the conference participants wanted to establish a for the government, not only to control commercial, and repay debts, but also to prevent inflation, insist on the implementation of the law and put a stop to Shays rebellion a riot."[7]

Revolution America was an agricultural country, most of the residents for small farmers, farmers and city people is the main force of anti British movement and war.[8]

The upper ruling class consists of the big landlords, merchants, bankers, the plantation owners, owners, entrepreneurs and other manufacturing, these"Language is rich in dress, manners, and education and mass distinct. Before the revolution between loyalists federalism with later in contempt people have ties with the upper classes of society a pulse to this point"[9].These areThe growth of the bourgeoisie, although there is no formal aristocratic identity, but still with an aristocratic itself, double identity this is similar to the British ruling class had aristocratic and bourgeois.

The wealthy gentlemen to public contempt -- obscurantism -- at the same time, extreme fear -- the mob, the people out of the political system, is the consistent goal, their but, in order to get rid of the British rulers, they have to take with the power of the people. Should people to fight for, and people do not go one's own way and the risk of its rule; as long as the war of independence, not social revolution. This balance is very difficult to control in practice.

The anti British struggle since the1760After the rise, rise, the common people no matter or in parliament parliament, broke out in amazing strength.[10]The first is the anti British Movement broke out, the "Declaration of independence" was published, then states began to formulate the Constitution (state), the formation of a new government, people actively involved in this reform. Compared with the past, the right to vote in the state have been considerable broadening.[11]The state constitution mostly follow the legislative idea of supreme legislative body, living in a dominant position in the new regime:

"The first batch of the state government, not a number of revolutionary leader admired 'balance' or 'Hybrid' government. In the external form, the new government structure is like the old colonial government, but the balance of power has changed fundamentally. Almost all jobs, including Supreme Court position, are generated by direct or indirect elections and. The power of the governor was almost canceled. According to the original design, one of the new Senate is restricted in a legislative body in people's Hospital, but in fact, by the voters elected senator neither colonial parliament as big powers, nor as high prestige. In the States, become the ultimate power is people's Hospital -- the house of Commons, and the election of the voters."[12]

And the confiscation of Loyalist property, abolished primogeniture and other measures, the distribution of more may prompt the property widely, and further enhance the strength of the people.

The wealthy gentlemen is against British extort excessive taxes and levies, but if the whole society to change by civilians to rule, the more they hate. They fear the new parliamentary reform and public movement combination, form a threat to its interests, undermine the rule of democracy.

In Pennsylvania, the strength of the people especially strong. Early in the1774Independent war broke out, the Philadelphia (capital of Pennsylvania) rich ancient vino Maurice --1787The federal constitution draft people -- began to worry about people's anti British movement:

"The general public...... Start using their mind and reason. These poor poor crawler! In their view, this is a spring all morning, they struggled to exuviate carapace of winter, all bathed in sunshine, I assure you, when noon came before, they must be ground his teeth and bite....... Then, the aristocracy had to die in one's bed."[13]In that bourgeois aristocracy as to age, openly slandered the masses of the people is homely food, unlike later assets this behind the scenes will be admitted.

Maurice worry soon turned into reality. From British rule after a radical in Pennsylvania to prevail, originally from the rich eastern coastal area exclusive inland farmers get the right to vote.1776The constitution further stipulates that year, where men pay the poll tax that have the right to vote, the right to be elected MP nor property restrictions, which has close to universal suffrage. The conservative opposition by the Chief Executive (i.e. the monarch), Senate (i.e., the Lords house (house of Commons), namely, the Commons) constitute the so-called "mixed polity", advocated "in American, people had only one grade, so......They should have a representative government"[14]Therefore, should have "popular government -- sometimes referred to as a democratic government, or the government of the Republic of"[15]. The new government finally abandoned a bicameral legislature, changed into a unicameral (Georgia as well), and do not set a governor, administrative responsibility by a committee, the Committee elected the chairman, and supervised by another committee. A new constitution was a group called "conservative ignorance and bear mob politics"[16].A conservative poet has used the following poem to express the people's discontent:

"Night lie down or masons and carpenters, morning body has become to Kagushi and Solon."[17]

Farmers and other common people also believe that freedom and property related, but the understanding and the rich for freedom and different. The farmers think that economic independence and autonomy is a prerequisite for human freedom,[18]This requires everyone has the right amount of property, or the property if concentrated into the hands of a few, will make the majority of people has no property to become their vassal.[19]We must make the property is widely distributed, appear to avoid polarization between the rich and the poor situation, to ensure a free society. Individual small private owners to prevent private use have been rich for democracy the weapons were looting of their property, avoid to fall into proletarians and lose freedom. This concept is even written into the state constitution draft[20]In the:

"Awarded to most of the property a few individuals are dangerous to the rights of the people, the common happiness are harmful to human, so each has a free state have the right according to their own laws to stop this property."[21]So, the property rights restriction is a prerequisite to the protection of civilian property. In the eyes of the rich, democracy is its freedom and property threats, and the common people in the eyes, democracy is its freedom and property security.

These ideas not only stay on paper. Out of the war is a consistent tradition of the rich: "during the period of the war of independence between the rich and the poor, America conflict and struggle once suppressed recurring. Eric Foner said that the war was' a colonial one part person access to the huge profits and the other part of the people life very difficult times.'"[22]When the Pennsylvania rich is no exception, they encouraged people to go to the front to fight the bloodshed, while they are in the rear drive up prices made its fortune. People will not recognize their bloodshed is to allow traders to raise prices to extract from them more water.1778Years of Pennsylvania Council enacted Limited act (other states have similar practices), the next year they set up a special committee to deal with the big businessman. This and the1793No difference in Paris without sans culotte approach:

"In a deep class, ethnic and religious divisions of pennsylvania...... We have established a 'with the dictatorship of the proletariat' most similar system USA has ever been......During the war, Pennsylvania Council spent in plundering the Tories, pressing profiteers and persecution of blunt opposition aspects of energy, rather than spending in support of the above more revolutionary."[23]

Millionaire Robert Morris (not mentioned Guvina Morris, but is also an important figure in the later Convention) were confiscated in his boat flour with a strong protest: "do not allow a person according to his meaning, according to him I think suitable condition belong to him all his property, it is contrary to the principle of freedom."[24]Another Penn said in a letter to Jefferson said: "if you are in this state, you will curse it. The government's supporters are no noble character of workers."[25]Millionaire James Wilson (as opposed to control prices and1776Years later, the radical constitution, one of the main members of the Constitutional Convention) mansion is a conservative stronghold,1779Years10Month, the radical and conservative parties even in the outbreak of armed conflict in the fierce.

Penn was not the exception. In Mali, Lanzhou, after the rulers to Pennsylvania, similar constitutional democratic constitution that ultimately failed to get through. But fear of happened of civil unrest, the authorities still made concessions, legislation increased the taxes for the wealthy, allowing the debtor to repay the debt with money (the following will see the effects of this kind of practice will become more prominent in the day). Millionaire Charles Carol explains: "a lot of smart people bow to injustice, succumbed to the epidemic of heresy and delusion, that, as it cannot be helped."[26]

In Virginia, the new constitution, the radical famous Richard Henry Lee believes that because of the house of Representatives on behalf of the people is strong, although "there's a new government in the state governor, a legislative body (referring to the Senate -- cited note), but there is still a heavy democratic means"[27]. In this regard, the Conservatives is another kind of attitude,1776Yelanden Carter expressed his dissatisfaction to Washington in a letter: "I just told you a definition of independent I hear: people expect to set up a government, not by the rich innervation, everyone can do as one pleases."[28]

1775Years3In South Carolina, then governor to make the following description of the situation:

"Propertied people finally began to experience the peopleBull PowerThe. So far, numerous living beings have been good to let people use, its huge quantity and occasional riots to support the American colonies demanded backing. Now they have discovered and important in their own strength, no longer easily pushed around by former leaders."[29]

In North Carolina, some people had the following words expressed the desire for Democracy: "you must strain every nerve, to establish a in North Carolina's power of free government, one must be hundred-percent, is a democratic government as much as possible...... In determining the fundamental principle of government, you must oppose each partial noble, or by rich and people master, used to oppress the poor."[30]

Massachusetts is one thing.1774Years, the Boston without sans culotte -- workers and artisans city civilian up off the British ruler. The old regime collapsed, the collapse of the old order, what is the replace sb.? There is no sans culotte world, or bourgeois fortress?[31]1775Years, John Adams exclaimed, "even the wind is so popular"[32], "this idea -- property not God as the divine, once accepted by the society...... Chaos and tyranny begins"[33].1776Years, the Massachusetts conservative another important character Elbridge Gerry (later the Convention on behalf of) the same complaint: "in many parts of the colonies have been alarming signs, in some people's minds, the private property of the divine consciousness is weak."[34]In this case, Adams worried: "if Democrats share some legislative power, that means they are dominant or dominant in the legislature,...... They will vote to rob you of your property."[35]

Never let the radical will temporarily democracy to further consolidate the results for system indulgence. But the overall Chinese numbers, direct confrontation and can't, rich lords had to rack sth., using "superb wrist"[36], restored order. Radical had drafted a constitution, but was refused. "Through the ingenious collusion, 'rich and talented' noble foiled this plan, replaced by a step by step for the camp to ensure that property rights and privileges system."[37]In parliament, established a constitutional convention, "rich and talented" bourgeois using delaying tactics and all sorts of tricks, to1780The new constitution at the end of the year by the Adams drafted by the. The bourgeois succeed:"1780Constitution is the law of lawyers and businessmen. The aim is to...... Protection of property without democracy...... Attack.[38]The Massachusetts Constitution became the Federal Constitution model.[39] [40]

Three.

After the war, the Democratic threat to the capital and did not disappear, the Confederation period again intensified.[41]1785-1786Years, USA farmers would generally fall into debt crisis (state situation, some may have been so). The reason and process of formation of the debt crisis, the author also not in detail, but the debt burden is heavy is the fact that does not dispute. Probably when states farmers mostly rely on debt to stay in business, and this is a serious phenomenon of deflation, the farmer wants to obtain enough coins to repayment is very difficult. Farmers -- the debtor does not feel that he is behoove bankruptcy for debts but after fight a bloody battle won independence, they have asked the legislature to permit the moratorium, even to issue paper money, with money to pay off the debts (if was heavily in debt, so inflation can cause devaluation and debt turned into a good thing). This naturally move to the rich -- creditors against, they may not want to change the original contract, in exchange for a pile of already or will be devalued currency. But the farmers under the pressure, there are seven States issued notes (as mentioned above, early in the war, Lanzhou's parliament passed the bill to the debtor). In Rhode Island, the complete control of the parliament. The state by using land as collateral loans to farmers the money to pay off the debts, and forcing creditors to accept at face value the money. If the creditor debtor refuses to accept, the paper money storing to the judge that the debt.[42]Rich people are naturally complained unbearable. As an important part of the contract right of property it was contempt of state council.[43]

"Property is how without security"[44]! Rich people complained, "the people cannot be united for life and liberty, they can only for the protection of property and the united"[45].

John Marshall later called it is the movement of paper currency contributed to the constitutional movement[46]:

"(the state) relationship between the change of debtor and creditor rights, interference with contract power, touched all the people's interests, and controlled every one in his thought can handle things behavior; this power was then states abuse to this kind of degree, so that the interference to the normal exchanges society, and destroyed all the credit between people. This mistake was so serious, so amazing, not only destroy the business, threatening the existence of credit, but also a violation of the people's moral, destruction of private credit dignity.To prevent the spread of evil...... We hope that substantial benefit from the reform of the government."[47]

Rich people said: "the enthusiasm that wandering across all classes have inspired us in1774Years and1775Years to freedom of choice, and now the same enthusiasm and prompted us to support the government."[48]

It has formed since the war of independence of democratization, the rich gentlemen so far could not endure. In the States, the strength of the masses is quite powerful, Parliament on contract indiscriminate intervention, greatly damage their property and interests, they are basically is hard to resist. While in the Confederacy, as has no right to interfere in state affairs, also cannot provide protection for their. The wealthy gentlemen eager to build a strong central government, top-down control states "crazy democracy".[49]Not in order to safeguard democracy, but out of fear of democracy, have resulted in a new constitution:

"American constitutional movement is not a democratic revolution and anti British system results, but the results strongly negative effect on democracy."[50]

    Conservatives called, "we need to be saved from democracy"[51]Out!

Now people are accustomed to the Confederation period as pitch-dark "critical period" or "confused period"[52]Thanks to a founding father of a country, we formulated the constitution, the establishment of a new federal, saved the whole society. But the father of the constitution Madison does not think so:

"(constitutional conference -- cited note) is not due to the Confederacy has not been fully realized their immediate aim is produced naturally by the national situation and influence", contrary to other "mainly because of a serious disaster", namely "state law change impermanence...... These laws are unjust It is often seen., and be completely bared there and then...... I believe, I can safely say, abuse from this area more contributed to the Convention and made extensive prepared for those worried about the overall reform."[53]

Four.

At this time, in Massachusetts events is that the rich gentry tremble with fear in one's boots. The front has been pointed out that, during the war, the conservative easily in Massachusetts, to control the situation, establish a conducive to their own constitution. The State Council bonds in order to repay the state issued during the war (this is the rich own), to the farmer tax as high as 1/3 of their income. In addition, farmers also bears a heavy private debt. If the insolvent, farmers had to mortgage and to choose between. Farmers have petitioned for issuing notes: "unless the issuing notes or make other media, so that we can pay taxes and debts"[54]Otherwise, there will be half of the farmers' bankruptcy. The State House of representatives under pressure has made the issue of paper money, but by the Senate's veto. To1786Autumn, the farmers to "a desperate debtor"[55]Daniel Shays led Uprising[56]Requirements, issued notes and reorganization of the senate.[57]The state legislature lack of repression of the armed forces, and even the Confederation also has no standing army, in the face of Massachusetts for help incapable of action. Fortunately, the rioters and not by "a Kaiser or Cromwell to lead"[58]. Rich people rush from organized an army, and with the schemes and intrigues, finally "reluctantly" will riot down.

"Shays rebellion did not last long, but conservatives are too frightened, then support the development of USA constitution."[59]Completely unmasked the weakness in this event. Rich people determined to get rid of the weak and feeble Confederation, the establishment of a strong central government to ensure its safety, and at the same time deprived state Democratic power. General Henry Knox expressed states rich people common concerns and requirements in a letter in Washington:

"Rebel...... See that the government of cowardice...... They decided to use their powers to save their own poverty. Their credo is: 'the United States property are all together from the British people to regain, so it must be our common property. Against this doctrine is the enemy of equality and justice, must be removed from the ground. ' In short, they decided to cancel the public debt, and has a variety of land law, the law is very easy to use those not ready and in any case is legal tender notes to achieve....... This terrible situation has been a threat to the new England every principle, has the property of the people....... How to avoid the lawless violence? Our government must strengthen, change or reform, in order to protect our lives and property...... We must have a special stable government."[60]

The Xie Si riots and failure, may hand weakened the power of the people and the will, on the other hand, the rich are riot shocked at the same time, with the suppression of success, began to make efforts to promote the new constitution.

Five.

In addition to stop the legislature for property damage, there are several factors make the rich lords of the Confederacy discontent, this made a simple introduction.

During the war, the Continental Congress and the states have issued plenty of various forms of securities. According to1789Statistics, to repay the debt principal and interest totaling $Liuqianyuwan. The Confederate oneself does not have the right to collect taxes, fiscal dependence on State bonds, even the interest is difficult to repay. Bond market so to par value 1/6 or 1/20. Lower class life difficult for already sell securities, bonds are at a very low price into the rich and the speculators hands. After the establishment of the Commonwealth, bonds even bring interest be repaid, bond holders at least than in the Confederation period increased by $forty million fortune, it was only300The America million people is not a small number. A bicycle has the right to collect taxes central government debt is obviously good for the group.[61]Bond group called constitutional movement of the "power of power"[62]. Cincinnati is composed of officers with aristocratic political groups, but also the bond group. A French agency said that, because the member "Cincinnati is the public's creditors, so interested in establishing a strong central government"[63]. Cincinnati will be played no small role in the system of the Constitution Movement, attended the Constitutional Convention55There is a representative27One is its members.[64]

During the war, USA manufacturing industry has just started, the urgent need for the government to support and protect against the British commercial competition. Have no say in the international trade union is unable to meet their demands. Commercial and shipping group is facing similar problems. While in the western land speculators also needs the support of the central government.

The front has been detailed introduced currency -- creditor group, and bond group, manufacturing group, shipping and trade group, namely the agricultural, industrial and commercial, and financial capitalists group (Charles Beard American historians will these four groups are collectively referred to as "real estate group"), strong demand to deprive states democracy, abandoned the Confederacy, the establishment of a central government to protect their interests.

 

Two, the process of constitution making

 

In accordance with the provisions of the articles of Confederation "program", to amend the constitution is: first by the parliament, and then approved by the state council. But the rich are distressed, they in Congress and state legislatures are lack of enough strength to reach the purpose of in accordance with legal procedures, because the people were not so hate status. Therefore, they had to create a constitutional Road, should try to avoid the participation of the people, but also does not lose its legitimacy in form. In this regard, their wisdom is not devoid of, after all the propertied class for thousands of years of history has been ruled that they have accumulated enough experience.

1786Years9Month, the Virginia legislature invited states in Annapolis for meeting business problems, only five states participating. Apparently the constitution makers can't pass this conference to achieve their goals, but in the end Hamilton and Madison urged the adoption of a resolution, the new requirements to convene a meeting to amend the articles of confederation. Soon after, I was frightened by the violence fusion, stepping up its campaign to meeting held.1787Years2On the Confederate finally decided, invite States sent representatives to Parliament1787Years5Month from Philadelphia, modified -- but not the formulation of a new constitution for the articles of confederation.

So the gentleman who tried to keep her representative to attend the meeting. On the other hand, "because of the masses of negligence, ignorance and indifference, but also because of the State Council believe themselves to be approved by the authority to exercise the right to decide the final, enthusiastic activists will greatly benefit".[65]Later, Pennsylvania anti constitutional Fapai is said to represent the state of no representative, is full of Philadelphia millionaire, not a representative of farmers.[66]The independent movement during the famous activists were unable to attend the meeting, Samuel Adams of Massachusetts not elected as representative; Virginia, Patrick Henry ("live free or die" saying that comes out of their mouth) is elected, but he already suspected the motive, and therefore refused to attend; Thomas Paine is ready to return to the uk. The control of Congress from Rhode Island, simply opposed to send representatives to the meeting. In this regard, Rhode Island, the creditor can only disappointed.

We have pointed out that mainly has several kinds of "property" the group's interest in the Confederation period can not be guaranteed, attended the meeting55Delegates, most of these groups. According to Beard's statistics,55Hold bonds on behalf of not less than40People (including24People in the amount of5000Dollars or more); the group of not less than24The slave owners group at least15Land speculators who; no less than14Industrial and commercial shipping at least11People. But delegates were lawyers, and to automatically produce concentrated in coastal city. "The majority of delegates, at least 5/6, for they have direct personal interests in Philadelphia to results, and both had the Constitution by more or less to obtain economic benefits."[67]

 For a long time, people believed in constitutional supporters, Hamilton and Benjamin·Franklin is the two exceptions, because of personal interests and the constitution they by no what big stakes. But later people found that it is not true.

Hamilton negative clean fingered, but following ratification of the constitution as the new government's finance minister, he has been accused of helping friends and relatives speculating on the stock market (including played an important role in Robert Morris at the Constitutional Convention). Later historians have found in the literature that was not make groundless accusations of these charges.[68]As for Franklin, shortly after the end of the meeting, he wrote in a letter:

"My these bonds fell value, but I hope and trust, once our new constitution established, they will be compensated. I loan capital to three thousand pounds worth of coins, and made some bonds, provisions of interest at six per cent, but I haven't got the interest. Now if I sold per pound of principal, but not sold to three shillings four pence, worth only 1/6 of the original price."[69]

The meeting, Franklin had been opposed to the new constitution, butFinally will vote, but he attitude of mutation, instead advocating the acceptance. This mutation and has a large number of bonds, we can make nothing of it.

Of course, for "the pursuit of personal interests", also should not be too narrow understanding. The delegates have common "interest and emotion and their property and experience the same people" (Madison language), their personal interests and class interests is difficult to clearly separate, they maintain their own interests often is to safeguard the interests of the capitalist class. In turn, by safeguarding the common interests of the class can better protect their personal interests.

The study of Beard angered many people. Historian Foster MacDonald said, "any man in an attempt to according to the main or only according to the delegates to represent economic interests to rewrite the" constitution "America birth history, will find the fact is an impassable barrier". However, "Robert McGuire and Robert Aus fit to use when Macdonald against Beard when using the data, re evaluation of the evidence. They concluded that: Beard's explanation was actually right, delegates to the constitutional convention in Philadelphia, on the basis of voting is economic self-interest".[70]

 

As mentioned before, the propertied class hatred of democracy has been incapable of further increase, representing the Convention as a core member of the bourgeois class[71], certainly do not want to let the outside world know the purpose of the meeting and the process, in order to prevent the external influence on the meeting. The first measure taken by the conference is strictly prohibited, open to the public, not allow anyone to reveal meeting news to the outside world in any way, or even no debate record meeting. Today, people often regard the constitution was divine, but as the delegates from the point of view, the constitution is nothing but a monkey business. Fortunately, Madison had been at the meeting made a secret recording, and published in his death, so that people can understand the specific situation of the conference.

This done, the delegates will be the original congressional and state parliament awarded their limited to ignore the power to revise the articles of Confederation, decide to adopt a new constitution for the America people, meeting and therefore became a constituent assembly. No dozens of people what the representative, to decide "we America people" of the future, this is tantamount to a coup.[72]If the framers had publicly stated their intentions, whether the meeting will be held is unknown. Later in the ultra vires the meeting to answer accusations, Madison said to strictly abide by the provisions of existing laws, will "make 'abolish or change the government, which is most likely to achieve their safety and happiness' (see the" Declaration of independence "-- cited note) the people's most noble rights exist."[73]But as we will see below, the delegates in the name of revolution or reform act, it is through the establishment of a new constitution, the design of a conservative system, to prevent future people through the reform and defend their own interests -- also is the damage to their vested interest. Means of revolution, is conservative. The fire is good, poor lighting is evil.

To solve the above problems, the delegates formally started working out constitution. Usually people think that there are serious differences between representatives, after a fierce struggle, to reach a compromise. However, in the maintenance of property and restrict the Democratic aspect, the most representative is not too many differences, so that they have no what argument. The lengthy debate, mostly occurs in the aspect of state representation and regime details etc..

The core contents of the constitution here, but also representatives rarely occur substantive differ.

 

Three, active power -- protection and support of bourgeois property

 

The Constitution gives the federal government with great power.

As mentioned before, the States "crazy democracy" to make the rich gentlemen suffered from it, the delegates expressed great indignation. On the first day of the conference, Virginia governor Edmund Randolph said: "on behalf of their main risk our from (state) provisions on democratic constitution, I regarded as a motto is allow all doubt, by the exercise of governmental authority will devour the other departments."[74]Then he said: "the United States of the drawbacks of the origin...... Who believe in democracy wild."[75]Representative Elbridge Gerry said: "we have the disadvantages, are due to excessive democracy."[76]The typical view these remarks is the delegates at the conference, as the father of the constitution of Hamilton and Madison is not to mention.

Therefore, we must be the legislature power at the federal, the state can not do as one pleases. Specific performance when the legislature of infringement of property rights is by delaying repayment and issuing notes to interfere in contract. The tenth section of the first article of the constitution, with a top-down ban deprived state assembly against property and contract rights:

"Do not have any state:...... To coin money; notes; any articles for gold and silver as the repayment of a debt by currency...... Retroactive law impairing the obligation of contracts, or previous law "(quoted in this constitution, all from Li Daokui's version, Li Daokui:" American government and American politics ", Beijing: the commercial press,1999Years).

This clause, especially after the two, compared with other parts of the constitution is not lacking, in today's view, some be rather baffling. But at the time, the ban has great realistic significance[77]Because of a ban, in fact deprived the debtor through legislation to protect themselves from the plunder of the right.

"Do not know the significance of the tenth section of the first article, will not be able to review the history of that time",[78]Marshall on the evaluation of the road. Marshall on the "historical" description, the front has been quoted, no longer restatement.

Hamilton said: "in the eyes of people more enlightened, this (that is tenth) in the constitution is not a be of little. The State Council on private contract interfere in the wild, has made many people suffer and be serious curse; if the Constitution provides for a safeguard, will be warmly received by the people."[79]

The tenth section of the first article Wilson sighed: "unfortunate experience at a high price to educate us, these restrictions have how precious."[80]

South Carolina representative William David use simple words to express his views: "this provision is the best in terms of the constitution...... I think this is a make the constitution become the favorite constitution."[81]

Mali Lanzhou Luther Martin is one of the few against the provisions of the representative, the reason is:

"Often there will be a time like this, the society has undergone a major disaster and the lack of coins, and the government is to protect the most useful citizens on their own, not to pursue a interference means, by law, all or part of the cessation of the court's decision, or allow the debtor sinking fund, or in accordance with reasonable the fair price will transfer the property to the creditor. At that time, all States and many state and must adopt such legislation, in order to prevent the rich creditors and rich people consume all the poor even diligent debtor."[82]Martin opposed the creditors to strictly fulfill the contract come from the people, he finally did not sign the constitution.

The tenth section of the first article of democracy on the property, the most direct threat was relieved.

The Xie Si riots lesson the delegates did not forget, the federal will have the right to organize the standing army, "to execute the laws of the union, to suppress the rebellion" (the eighth section of the first article), or "should be state parliament or State Commissioner requests put down civil strife" (article eighth paragraph fourth). For at that time by armed themselves from British rulers USA people, a people from the Chang Beijun is for the liberty of the citizen threat.

The provisions of the eighth paragraph of the first constitution: "Congress shall have the power to collect taxes, tariffs and: rules, input tax and taxes, to pay the debts, to provide the United States common defence and public welfare."

Bond Group wish satisfied here. Not only that, the interests of the rich are more favored. Since the first paragraph second direct taxes shall be allocated according to state population proportion, so that the direct tax burden not to have more wealth of the rich man. Until1894Years, America Congress first passed through the income tax act, but the Supreme Court (the highest court are discussed in detail later in the new deal in vivo role with the income tax is a direct tax) as an excuse for the overturn. Drag to1913Through the years, the sixteenth amendment to the constitution, this situation could change.

If so, the origin of tax mainly rely on indirect taxes and tariffs, so the burden eventually fell on the majority of ordinary people on the shoulder. The use of tax robbing the poor to benefit the rich is the general means for countries to support development of capitalism, the bourgeois is the only government for its service to its tax.

Even so, the delegates was not steadfast, and stressed again in the sixth article: "all obligations under this constitution all entered into before the debt and assume, for the constitution of the United States as the era of effective." On this clause is only one representative of dissent. The federal government was established, Hamilton faithfully fulfilled the promise of speculators.

The eighth section of the first article also states: "Congress has the power to: control with foreign states, and with the Indian tribes commercial." Tax clause this clause and the front has been mentioned above, the federal government has the ability to be able to take measures to promote the economic development. Eighteenth Century is the age of mercantilism, not superstition free trade doctrine. "Federalist Papers" authors: "a government will take care of the comprehensive and common interests, the combine forces, to management".[83]Hamilton knew, as an industrial developed countries, "to make America success in the competition, obviously, his government's intervention and help is essential"[84]. Later, Hamilton in the "report on manufactures", expounds the basic principle of trade protection policies, to provide the necessary "for the government intervention and help" rise of capitalism and laid a theoretical foundation. Hamilton did not forget, business is war, relying on economic means is not up to your own purpose. The army and Navy strong federal building will be indispensable America capitalist growth guarantee. Today, the American Empire, early in the day of its birth, we can see its embryonic form in Hamilton's works.

The above cited the Constitution gives the federal authority, but also can be said to be the positive power. These powers are used to protect their interests, no one can be used to direct infringement or limit property. This is the rich people "from the polity reform obtained significant benefits".

But the Constitution does not explicitly included in the "inviolability of private property" clause is stipulated in the constitution, a fifth bill of rights of later: "without due process of law, no person shall be deprived of life, liberty or property without compensation; right, private property shall not be confiscated." But it is more like a "confiscation" problem in terms of. Is it right? Framers like today China "constitutionalism" researchers think that "the inviolability of private property" is a self-evident truth, therefore does not need to be stressed in the Constitution? I'm afraid this justified. Perhaps another possibility. "Declaration of independence" listed in "self-evident" human rights "life, liberty and the pursuit of happiness", without property rights. At the time American the smallholder dominated society, many people think that the threat to the human's freedom and happiness, in addition to the autocratic monarchy, that person has too much property (in front of the Pennsylvania history we have detailed talked about). The researchers may therefore also can not be stressed too much property. I haven't been sure what an interpretation is more reasonable, but the "sacred" clause not written into the constitution will certainly make today Chinese "constitutionalism" chagrin.

 

However, after giving the federal with great power, new risk arises. The power is used to protect the property, but also can be used to infringe upon property. The bourgeois reckon without one's host is: power is only active in the protection of property, in violation of the property is negative. So what kind of power can only protect property and do not infringe the property? Of course it was Britain's rich oligarch parliamentary powers -- pure capital -- the tyranny. As mentioned before, set the nobility and the assets of British rule group in one, first in the1640In the revolution, farmers rely on -- equal strength --, cut off the autocratic monarch's head, and then return kindness with ingratitude evil for good will equal thoroughness, repression, and finally through the glorious revolution and the king called a compromise or alliance. By the nobility -- parliamentary constitutional monarchy capitalist monopoly, not only to prevent the king's play the gangster, and enable the poor to power off at the edges, i.e. to tame the "tyrant", and to suppress the "mob". In this way, can fully guarantee the safety of assets, the power also lost the positive and negative, can let the bourgeoisie do as one pleases.[85]

Hamilton's appreciation of British rule, unfortunately, let America restored to the British state has been impossible, USA people have too much power, want them all back to power again rich people, they will never agree. In this way, the federal authority with the State Council, and ultimately can only come from the people. Delegates to the establishment of the federal state of democracy is to stop infringement of property, and now has the same federal and state power source, the federal becomes a more extensive democracy. Then what is the way out? How can we make the federal democracy will only protect property, but not against property in the future, so as to avoid the state Democratic mistakes? Or, how can we ensure the Federal Democratic in the protection of property is active in the infringement of property is negative? Or, how can we do that only the rich have the positive power and negative power, people only?

The only major transformation in democracy, the inherent nature of the people rule weakened its original against property, can do it all. This transformation of democracy is have no predecessors innovation, let us have a look the delegates are how to accomplish this innovation.

 

Four, the negative power -- stop democracy of threats to the property

 

(a)

As everyone knows, Hamilton, Madison and John·Three Jay co authored the "Federalist Papers" is the best interpretation of the spirit of the constitutional principle. The author firstly based on the "Federalist Papers" to analyze the anti democratic nature of the constitution.

In "the collection"10In the article, Madison expounds the foundation of the political philosophy of the authors:

"People can be varied, thus havePropertyGeneration, this diversity to reach agreement, no less than an insuperable obstacle. The protection of these talents, is the primary objective of the government. Because of various kinds of protection for property of different talents, will produce different degrees ofA variety of property possessionAll this; because of the property of all human feelings and opinions, to make the society into differentInterest groupAnd the party...... Cause a most universal and lasting reason, is various and unequal distribution of property.PropertiedAndProletarianIn the society will form differentInterest group. The creditor and the debtor has the same difference. Land ownership group, manufacturing group, the merchant group, financial group and many smaller groups in civilized countries will form, and divide them into differentClass, governed by different feelings and opinions. The management of this variety againIncompatibleInterest group, is the main task of modern legislation."[86]

Madison's comments by Marx, the founders of Marxism summed up in one sentence: "the material interests of the class struggle based on"[87].

"In different classes of citizens is the existence of different interests. If the majority of people united by a common interest, the rights of the minority will not guarantee."[88]This is a democracy or Republic[89]The main "evil": the majority of the minority "tyranny".

How to "advantages of Republic retained, defects can be reduced or avoided"?

In view of the disadvantages, "major problems we have to explore is dangerous, maintenance of public and private rights from the party, while keeping the public spirit and form of government"[90]That is to say, it is necessary to retain the majority rule, but also the minority interests without the majority against. In this way, can guarantee "by these means,The advantages of Republic retained, defects can be reduced or avoided".

Then, the agreement on the "most" and "what is a" really mean? Although the front has pointed out that the "haves" and "have nots", but the "corpus" is published works, the authors may not have made more clear expression, so as not to provoke unnecessary trouble. However, the authors opinion in other places is enough to make us understand the meaning of the majority and minority.

In a constitutional convention, Hamilton said: "all societies intoThe minorityAndThe majority. The minority rich and well born scholar, the majority include the masses...... Should make the minority class enjoy special permanent position in politics. They can stop the majority of class a...... Because they can't change benefit."[91]As for those belonging to the majority of the masses of the people, Hamilton is that "people! -- people is a big beast "," I do not have what contact with the broad masses of people, also do not want to falsely feign win their support"[92].

Madison and Hamilton agree: "general life difficult and prayer life happiness can make more equal distribution of people...... The number, will be more than one with poor insulation. According to the principle of equal voting, the regime will fall into the hands of a."[93]

Madison during a meeting with the following words spelled out his concerns about the future: "in the future, most people will not land property, but also without any form of property. They will unite in the common influence,; in such a combination, property rights and civil liberties will not remain safe in their hands."[94]

Change this into "Communist Manifesto" in the word is: "the whole society will increasingly split into direct confrontation between the two class -- the bourgeoisie and the proletariat."

Therefore, "so it should form a government, so few people rich to be protected, the inviolability of the majority"[95].

In view of this, the major subject of Madison "to explore is", to "keep people's spirit and form", but also to avoid the majority poor or the infringement of minority the rich or the bourgeois interests, of course, not to mention to deprive them of their property; or to say, want to smoke to democracy essentially, retaining only the forms of democracy, so democracy into a harmless form of democracy to the property. This problem but at least since the age of Aristotle let the rich old man headache.

"We must make most people have the same feelings or interests...... Unable to unite in a concerted effort to achieve damage conspiracy"[96]"United, must make all the majority of people even do not, is extremely unlikely"[97].

Through the careful design of Representatives, they found a way, in order to "at the federal level and appropriate structure...... Get remedy a republic to cure ills, the most common of Republican government"[98]. "Through these means of,The advantages of Republic retained, defects can be reduced or avoided".[99]

The democracy or Republic "remedy", "which means," the Democratic left "form" and "range" and "structure", what is?

Two.

We'll talk about the "range".

Hamilton know, the ancient Greek polis democracy or the small republic is not favorable to the property owners, this way, reform is to "big generation small" "". "The Republic" than "Republic", federal than states, "civil jurisdiction over more and more territory...... The smaller the possibility of society, composed of different parties and interest groups less, find the same party majority is more; and most people less and less, the scope of the smaller, the more likely they are to combine to execute their plans, oppressed people". But the federal "expanding, can include more types of parties and interest groups; most of all in the common motive to invade other civil rights is less likely; in other words, even if there is such a common motivation, all has the feeling person is difficult to form their own strength, and consistent with each other to take action"[100].

Facts have proved that: "on the bill, to cancel the debt, the average distribution of property, or to any other inappropriate or evil intent to more easily spread, a member of the federal, and not easy to spread across the entire federal."[101]

"Another advantage is obviously enlarged scope": "issued by the people's representative of the public voice, than people for meetings and to put forward opinions can conform to the public interests"[102]. The State Council because the distance people closer, influence is susceptible to mood, on behalf of the federal government and Congress is far from the people, the people to exert influence or pressure to them is much more difficult.

In a word, the government more power away from the people, the heart is steadfast.

Three.

Come have a look "structure".

Only is not enough, when interests consistent most breakthrough range block and combined, for a few of the threat and the formation of. Would have to make the most of this combined to release its power through government agencies. This need to redesign the government authority, "only a solid structure to prevent the rash of democracy"[103]. Then the delegates design power structure is based on the principle of what?

Democracy means that all power belongs to the people, although the authors also admitted that "people is legal only power source"[104], but they never want people to become power only and true owner. Democratic ways to limit is in the power structure design, implement the principle of separation and balance, let the people's sovereignty principle specious.

If the main power concentrated in one sector (such as when some state legislatures), or sources of different power sector are the same (for example, are directly elected by the voters), power is single, so when the majority of people's interests, the United power, power immediately will be all of their master, they will application of power to safeguard their own interests, or the interests of the rich against the minority. The principle of democracy is reflected in the. To avoid this situation, clever the founders' intent is the decentralization of power to several different departments, each department has only a part of the power, the power source of each department also each are not identical,[105]Each department's power will be to contain other departments. In this way, even if the interests combined the majority, they can immediately grasp is only an individual department the authority, when they want to carry out their intentions, several other are not under his control department will resist, so that it can not achieve the hazard a few rich objective, so that the majority of people rule cannot be realized. The principle of separation and restriction of the power. Division, is the people's power should be entirely separate; balance, is the supreme will of the people or the power balance. The separation of powers and checks and balances principle, actually denied the people's sovereignty principle.

People usually think that the separation of the three powers, checks and balances of this set is opposed to tyranny and maintenance of democracy. If this is used against Charlie I or Louis sixteen, that is OK, but when there is no risk USA monarchy dictatorship. In contrast, for the person risk mainly comes from the people, from the democratic. This principle is mainly used to deal with people, need the object to balance is the power of the people, for the people's sovereignty is the reactionary. In this regard, John·Acton tribute:"The principle of separation of powers is the most effective for democracy has been designed to limit."[106]

Four.

To have a look the following the principle of separation of powers and checks and balances is how to implement the.

The will of the people or the majority of the strength of the first is concentrated in the legislature. "Republican trend is at the expense of other departments to strengthen the legislature"[107]The state legislature, powerful has rich people suffer, like Pennsylvania's unicameral parliament particularly cherish a deep-seated hatred for the rich. The separation of powers is the first from the legislative organs begin:

"In a republic, legislation must dominate. To remedy this inconvenience method is the legislature divided into different units, permitted and used different methods of election and the action principle of different makes them in the common nature of action and a common dependence on the social aspects of each other as far as possible occurrence of contact."[108]

Congress is divided into two parts of the house of Representatives and the Senate, and only the congressman was elected directly by the people, and Senator from the State Council elected[109]. Compared with the house of Representatives, elected by the legislature of the Senate must not have common interests and emotions with the people "". The will of the majority of the legislature was to obstruct and restrict the internal.

Hamilton stated that the "need to set up the senate"[110]:

"Everything is unicameral and numerous assemblies, easy about strong emotional burst, or manipulated by the gang, but by excessive and harmful resolution, which also shows the necessity of setting up the senate."[111]Or, "a perfect the organization of the senate...... To prevent the people themselves due to an error and make false moves...... Is necessary....... In some individual time dealing with public affairs, or to be some unfair feelings and illegal interests, or for some selfish too heavy people distort the cunning trick, people may also temporarily advocated some measures, it is very sorry and condemn. In this critical moment, if there was a steady respectable citizens. Some institutions to intervene, nip in the bud...... Not very good?"[112]

If the reader think this explanation too much too obscure words, in John Adams's words: "stick out a mile to build a rich make freedom and property safe Senate, against the poor majority in the house of Representatives occupation."[113]

In addition, compared with the congressman election Senator not only in different ways, but the term is also different, for as long as possible, never like Rhodes island state senator as "term only half", so as to make more "featured senator and stable"[114].

Administrative power, is a separation of powers and step, and the legislature and restrict each other. The legislative and presidential election, he elect by the voters, and then elected by electoral. So, the president and the people have no direct relation. But the presidential election is not completely like the framers had hoped for, here will not be analyzed.

Most people will exclude these obstruct, will meet the last, perhaps is an obstacle for the most powerful -- the Federal Supreme Court has the power of judicial review. "It is important to cancel the unconstitutional law court action for most of these restrictions in democracy"[115]. Although the Constitution does not clearly stipulates that "the court has declared unconstitutional legislation due to invalid right"[116]However, this is in conformity with the intent of the framers of the. In the1803Years of Marbury v. Madison, John Marshall won the exercise of judicial review of the Supreme Court's power[117]. Hamilton is to explain the role and principle of organization of the court:

"In a republic, (court) is to limit the representative organs of authority and the best guarantee of pressure....... As the court shall be deemed to...... The restriction of legislative protection of ultra vires, fixed position is very ample reason to judicial officials. Because in addition to this, there is no any other provisions to make the judge to keep its independence,...... The independence of judges is an important factor to protect society from undesirable tendency of incidental effects,...... Sometimes this kind of undesirable tendency only relates to an unfair or biased act harm to the individual people's rights. In this case, the judge determined not to eliminate and harm limit the bad law also plays a very important role in."^[118]

In order to fully guarantee the "independence" and "fixed position", judges are appointed by the president, the Senate approved and appointed, no dereliction of duty to tenure. Any connection between this loss of judges and the people. Want to let these superior, away from the judicial aristocracy and the people have "common interests and emotional", the possibility is very small.[119]In this way, the Supreme Court of the so-called independence is the independence of the people. When the majority "makes the society minority suffered severe persecution"[120]When, when Congress or the state legislature passed the "harm" individual class people's rights "of the law, as in a majority of the poor offended when the wealthy vested interest, the court would have a vested interest in side announced that most laws as unconstitutional and invalid.[121]"Anthology" the authors explained: "the Constitution and the law, with the constitution as compared, quasi; compared to people and their representatives, the will of the people shall prevail."[122]This makes sense from single literally. But the problem here is that, the legislature is not always represent the will of the people, but the judges only from people's noble nature is more representative of the will of the people? This is actually a judicial aristocracy placed on the will of the people will. The constitution is a very flexible file, the power of interpretation of the Constitution and judicial review can make the Supreme Court "to shape the federal government according to their own will",[123]That is to say, the Supreme Court became a legislator.[124]This is actually an excuse to prevent the majority of the minority tyranny, implementA few of tyranny of the majority.

Judicial independence, judicial justice into the authoritarian dictatorship. Judicial review system so that a property will overwhelm the will of the people, which deviates from the principle of the sovereignty of the people.[125]Contract terms mentioned above against the Constitution in Luther Martin also opposed giving too much power to the Supreme court. He believes that the judges professional knowledge can not be higher than they have the legislative authority, the capital, and if the Justice Department to use the power of the support of the people against the law, arbitrary but will cause another form.[126]

The Supreme Court this. If not, "the only solution is to change the constitution of most". The delegates had abandoned the "articles of Confederation" with the most convenient way, they don't want to let the future generations could easily change their masterpiece. To amend the constitution procedure is very complex, want to accomplish this task, not a patient is not a. The front we mentioned that the federal income tax law making process, when a judge commented, "this bill is the6000Million people in the army -- this immensely proud and be truculent and unreasonable the most -- the new theory. They want to punish the rich, the confiscation of their property".[127]Income tax law was declared unconstitutional, from1895Years to1913Years, Congress and the State Council took18Years passed the sixteenth amendment to the constitution, the Supreme Court decision overturned.6000Million people to get rid of a few (the Supreme Court a total of nine people, a simple majority decision) judicial aristocracy set in their chains could be so difficult.

The reader will find, to the voters or deputies to the strict property restrictions have been the traditional means for countries to protect property, the Constitution did not use, how to explain? In fact, the delegates not think so, but at that time America states vary greatly, unified regulations to make national very difficult, finally meeting decided by the state according to the current provisions of their own to perform. In fact, probably in addition to outside of Pennsylvania, the state to vote made varying degrees of restrictions. The right to vote property restrictions are gradually lifted, from Jackson era began. Don't forget, until1965Years, America finally abolish the right to vote poll tax limit.

The above is the analysis of the "structure".

The federal power is distributed to different departments. Departments are not the same power source: only the house of representatives elected directly by the people; the Senate parliamentary elections by the state; the president by the electoral vote; the judge appointed Senate approval is nominated by the president.

The term of office of each department are not the same: Congressman, Senator for two years; six years, 1/3 presidential election every two years; four years; the judge tenure.

This is the delegates for the structure design of various government departments of power. "Only a solid structure to prevent a manifestation of" democracy, the delegates to accomplish this task. "A year with the masses of the people's Democratic Congress"[128]The risk does not exist. Bound in this structure, the power to threaten the property immediately becomes weak and feeble.[129]This is the power of the negative side, democratic become negative democracy.

In this structure, the "voter's power is unlimited in a limited range. He can make his choice of law, as long as the law does not encroach upon the property rights"[130]. The Democrats became the limited democracy.

These design is that Madison and Hamilton are "to explore the major problem of" answer. Democracy "remedy" was found, the Federal Democratic won't like states democracy as "Crazy" and "excessive". After this a "remedial",Democracy was castrated negative democracy, limited democracy, form of democracy. In this regime, the rich, the bourgeois has positive power, and the poor, the only negative power.[131]

Democratic threat to property which greatly weakened. America constitution "the universal suffrage and cause it to in Athens or Rome to destroy the basic conditions of different conditions",[132]This is the"The valuable improvements American constitution of ancient and modern democratic representative".[133]

Until nineteenth Century, European bourgeois also immersed in the extreme fear of democracy in. AlexisDeTocqueville's merit lies in the promotion America to European bourgeois democratic experience, to enable them to Taming democracy. American constitution of bourgeois politics contribution is link.

Five.

The constitution established the property advantage position, and then through the limits on democracy to prevent this advantage to change. "Declaration of independence" advocated by the people "to abolish or change the government, the noble right most likely to achieve their safety and happiness" is greatly reduced in the new constitution.[134]When the opponents are well aware of this revolutionary. Richard Henry·Lee believes that, in this regime, the elected house just "a piece of broken cloth"[135]Only; if by the constitution, will "give power conversion from the majority of the people to a few people", and when "once power from the majority of the people transferred to the hands of a few people, all change is extremely difficult; in this case, as in favor of minority government, may be very sly and cleverly avoid anything that might change measures; so unless ordinary people make great efforts and a grim struggle. Nothing can change."[136]

Pennsylvania opposition that separation of powers and checks and balances of this set of exercise of power over people extremely unfavorable:

"A republican government or free government, local only fairly equal distribution in people's body and property that there be impartial to... In such a government, is the Supreme People, their views are all political action principle;...... Only an organizing simple government can afford the highest responsibility, because the majority of the people do not always pay attention to the activities of the government, but also because of their lack of easily affected by the intelligence. If pass laws to plan very complex (i.e., power balance "), is not conducive to people's will power in the hands of. On the contrary, "if you take the Pennsylvania state constitution, the legislative powers to a body, short tenure, alternated with various provisions, the legislative process to avoid hasty, if people felt pity, they will not for who is the first offence, and take resolute and effective measures to remedy: they brush off in the next election."[137]

Philadelphia Yong Xian sent view diametrically opposite:

"The United States power is divided into three parts, which makes most of the citizens of the city to learn, they become subject to a unicameral parliament, inconvenience. All the unitary system of government, regardless of their power in the hands of a person, or to a minority of people, or a people's organization, is the tyrant politics."^[138]

The two view differences are obvious, make every attempt to reduce the impact of a people to the authority, another is to maintain the most easy to make the people's participation in the political regime; a everywhere maintains the vested interest, another is to make people have a right to improve the status of.

Another point we cannot ignore. The delegates said they restricted democracy to protect property and freedom, in their mouth, property and freedom is indivisible. But in the draft constitution, only the rich property is protected, and the free right of citizen is a contemptuous disregard:"Representatives of the civil liberties are not careful. On the contrary, the most active requirements of various main free but the opponents of the constitution, they demand freedom of religion, freedom of speech and of the press, the jury system, the proper legal procedures, and requirements for protection against 'unreasonable search and seizure.'. Because the Constitution does not guarantee inclusion in them, and later had to included in the 10 amendment of originally."[139]Today, Hamilton's followers hyping the property is the guarantee of freedom, but Hamilton are the doings have rejected this point. In their eyes, only property is sacred and inviolate, civil liberties only when not threaten its property can be they accept.

The above is the common desire delegates -- limit democracy, protection of property -- Analysis of the. In addition, their differences are also obvious. The rich and the poor, the contradiction between the ruler and ruled, bourgeois and proletarians and the small propertied people, no doubt is the most important problem in the constituent assembly that need to be resolved, but the property between the ruling class will not be a monolithic whole, between. A fierce debate about state representative and representative way, in response to the north between industrial bourgeoisie and the Southern plantation slave class are being formed in the differences, Madison and others at the time has been very clear that the essence of the debate. The Constitution also has to coordinate the contradictions within the ruling class of functions[140]This is not discussed.

 

Five, the ratification of the Constitution

 

(a)

The constitution is completed, how to ensure that through? The constitution is used against democracy, is a representative of carrying people to produce, the delegates to the approval process can minimize the actual participation of the people, regardless of the quantity or extent, of course, have to keep the people approved appearance. Therefore, the delegates generally formulated the following strategy.

First, from the time of speaking, as far as possible to shorten the approval time. The constitution was approved, people knew nothing; turn, still be so. Matters, should let people know about and debating long, wide of the constitution. But this is exactly what Yong Xian sent (they claim to the Federal Party or the Federalists, for his anti democratic face coated with a layer of defend common interests of the United States color. Thus, the opposition has become the anti Federalist separatist. Don't put one's private ends disguised as national interests, the bourgeois rule would be unable to maintain.) We are most unwilling to see, so they tried to shorten the approval time, to form a surprise attack, for quick, forcing people to accept the Constitution without the knowledge of the case. Because the time is hasty, which easily lead to: first, a large part of the people did not know the matter, there's no participation; secondly, even people in the know, also not fully understood; thirdly, to understand the truth of the opposition is to rush to fight, will affect the expansion and to the majority of the people; finally, the shift, already prepared Yong Xian sent to go to all lengths, occupy the advantage in the approved the motion, causing an established fact constitution was accepted.

Second, from the approval system, through the conference special. The delegates will constitution submitted to Congress, proposed by the state election special conference to ratify the constitution, but not in accordance with the procedures prescribed by law: the new constitution must be approved by the State Council. Yong Xian sent in the State Council did not take enough advantage, therefore must not be in the State Council action. In addition, the popular vote would better reflect public opinion, but compared with that by parliament, with greater risk, the more undesirable. So the delegates from the two passage way, proposed to Congress by the state election Congress for approval. Congress accepted this proposal. By adopting the way of approval, in addition to avoid the aforementioned concerns, but also facilitate Yong Xian sent concentrate on the election of delegates and make a final effort during the meeting. Yong Xian sent a very clear in theory, information, money, political experience and other advantages, more is at a small meeting, more conducive to play to these strengths. At the back we will see the approval of these strategies to the constitution is very favorable.

Short time as far as possible, to minimize the participants, try to isolate people, this is the Yong Xian sent for approval by the constitution of the strategy.

Two.

The approval procedure after the start, the country split into two groups[141]:

"All businessmen, lenders, holders of securities, manufacturing, shipping, relationship, and its occupation of the capitalists financiers are all standing on the constitutional side, and all or most of the farmers and the debtor no slaves stood opposed to one side."[142]

Marshall has done such an analysis on two:

"Finally, in each state into two factions, clear boundaries and different goals. To refuse to be cowed or submit a zeal for public and private contract fulfillment. They think, a state or private credit is a sacred oath, the oath not the moral and sound policies and principles. They believed that personal hardship can remedy in thrift, and not with the lax laws or sacrifice the rights of others to release. Thus they advocate the judicial administration of normal and effective tax measures will enable States to fulfill their contract. With very few exceptions, they are in favor of expanding the powers of the federal government.......

Another feature is compassion. They see the debtor to an extreme pity mood, continue to remedy them to. According to their opinion, strictly perform contract for the people can not stand the harsh lines. They agreed to relax the judicial management, convenient payment or to extend the period, reduce tax. The same advice based on, they oppose the power in their hands over Congress all attempts at. In many states, this makes up a decisive majority, while in the States is also very powerful factions. In their fully occupy the advantage place, their ruling achievement is to issue paper money, delay the proceedings, deferred tax. In the country, this fight is regularly repeat."[143]

General Knox front has been mentioned on the Massachusetts factions views in Washington in a letter:

"Now the state has three factions, their number is different, in wealth and talent respect each other very poor. The first school for the state of business and all the well-off people, priests and lawyers...... The school agreed to form a powerful government; (second Pailve)...... The third pie disorderly party and his followers, most of them advocate the abolition of public and private debt, and thus will not approve the new constitution."[144]

So it is with Madison's view: "the treaty, notes and the terms of the contract, than this system (constitution) reality and negative error together set up the enemy more."[145]

As for the opponents of the constitution, they are also very clear with Yongxian faction differences. Patrick Henry Virginia in the state approved the meeting said: "I believe it is true, that is a huge peasant masses are strongly opposed to the constitution. I can confidently say, in nineteen counties bordering each other, 9/10 people are sincerely opposed the constitution."[146]

Massachusetts opposition wrote:

"These violent henchman (namely the Federalists) attempt to all people blindly to swallow the bitter pill (constitution) sugar. They include higher merchant, bond holders, millionaires, politicians, bankers and lawyers; these people and their minions, formed the elite group."[147]

An opposition that the researchers "by Cincinnati's aristocratic family, public security to master, wealthy and keen to office, bankers and lawyers, they experienced independent from aristocratic political coalition in training".[148]

The farmers are aware of the constitution is to try to keep them out in the regime outside:

"In the constitution, there is no democracy."[149]

"(the Constitution) try to impose an aristocratic republicanism in charming appearance in your head."[150]

"What is freedom?...... (free) their power management. If you accept the constitution, you have this power? There is absolutely no."[151]

The king of England and the parliament of centralized rule harm farmers did not forget, they so they had a war of independence. They sacrificed, not think over your head down the last strong central government. The peasants don't need a powerful country to protect themselves, because of rich and different, they themselves did not much property in need of protection. In the state legislature and a wrong they too much interference in Confederate government body, their self-protection is doing well, still as a pleasurable occupation. A superior central government, not to provide more protection for them, just increase the risk of the oppressed. Among other things, to increase their tax burden, at least, is no doubt.

"The government that governs least is the best government", Thomas Paine said it was the opposition flag. History will really make fun of, this sentence today in capitalist mouth is repeated at most, when they are most opposed.Robert·Nozick will be your highest ideals as "the minimal state", do not know whether they are willing to return to the era, and the Confederacy was compared, the smallest country to live up to one's name.

For the approval in the movement of forces, Richard·Henry·Li Ze think, I sent and Yong Xian sent the two sides of this "is not binding"[152]In the society, only a few extremists. Yong Xian sent early hostility to democracy, now in opposition to Shays sent under the guise of extreme behavior, the revised constitution deprived the people's rights.

In addition to the participants of speech, the later research specific distribution of the votes also confirmed the essential differences between the two sides:

"If you look at the voting situation, it will be found, countermeasure is mainly in the city and countryside, between lawyers, bankers and businessmen community and farmers."[153]

"Ratified the constitutional movement especially concentrated in the commercial, manufacturing, bonds and real estate interests most advantageous area...... Against the Constitution were almost all from agricultural areas and the debtor have been developed on the paper money or other depreciation plan areas where."[154]

"The States approved the Constitution in voting patterns, factors behind it seems to have economic self-interest plays an important role in. McGuire and, he found, in the rest of the economy under the same circumstances, a representative commercial interests are more likely to vote than other delegates approved the constitution, those in the west of owning land or with interests in banking and debt on behalf of, are also more likely to vote in favor of the approval of the constitution. However, those deep into personal debt represents is more likely to oppose the approval of constitution."[155]

The opposition factions, Yong Xian sent advantage is obviously. The fate of the Constitution in relation to their benefit, so they are dynamic. They have the advantage of resources, whether it is money, information and publicity and other aspects, and they prepared, the organization is strong, with the close, and go to all lengths. In the promotion strategy, Yong Xian sent about consciously to create an atmosphere of panic, claiming that if the Confederacy continues, the country will need to collapse, the society will be destroyed, only through the establishment of the Federal Constitution, in order to avoid this outcome.

The opposition is the opposite. The first property qualification of large numbers of people not to vote. The Yong Xian sent the surprise attack, the opposition to be caught off guard, not rapid counterattack. The general public is because the news came, voting hasty and other reasons and keep out of the affair or unidentified truth. Sometimes even the natural factors can not stand in the opposition, such as farmers need in winter from remote areas to the city to vote. All this makes the opposition at a distinct disadvantage.

An opposition party Mali Lanzhou described in this state is probably representative:

"The 'ordinary class' people have no knowledge of the constitution. Congress ordered two thousand copies of the draft constitution published is too small, inadequate to distribute all over. "Annapolis report" issued amount is very small, two Baltimore newspapers on the east coast area never see, last year the weather in winter make all newspapers are unable to reach there. In the state of twenty-five thousand voters, only six thousand participated in the election, and Baltimore, and other seven counties accounted for about four thousand of the ticket. The rich and rich in order to avoid losing his own claim, for the constitution. In some counties, the opposition has not put forward their own candidates."[156]

An opposition figure on the constitution from brewing, making to the voting process made the following summary:

"A unified system for the most secret and lacking power case worked out. But without any prior notice, he suddenly by a constituent assembly for approval of Congress -- did not express any opinion, and submit it (state) parliament -- parliament has still to submit it to the people. The people of this state Congress or parliament did not help, have no time to study this problem, blindly to the newspapers to understand the situation, let the opposite writer divided them into two factions, and in such circumstances the state conferences of Representatives elected. These representatives to consider: whether they accept the Constitution -- including all defects therein, and put people in a system of government, they are now on the nature and the principle of this system is not understanding, comparing Copernicus's cosmic system know more."^[157]

Three.

But even in the face of such adverse conditions, the opposition will be almost Yong Xian sent to defeat.

The five original States approved the constitution, Georgia, Delaware, Cone de G, New Jersey is one of the four small states[158]Only, in Pennsylvania, through the less convincing.[159]Pennsylvania Council Yong Xian sent received the notice, to immediately through elected representatives held a constitutional sanction decision, the opposition against haste, for blocking a vote on leave the seats, the vote was less than the statutory number. Yong Xian sent party and forced the opposition lawmakers twist to parliament, to make the State Council made on the approval of the conference representative election decision in five weeks. Opposition commented: "congress election so hasty, publicity and so is not enough, that some people until after the event has passed, also do not know this thing."[160]Seventy thousand of the voters have the right to elect, only13000People voted. It seems the Pennsylvania farmers are not satisfied with the results, then the relationship between the federal government has not been well. Until1794Years, Penn farmers opposed Hamilton's whiskey tax, also launched a rebellion.

The approval of the conference of Massachusetts, a predictive voting has shown opposition dominated. Opposition figures, the chairman of the meeting Hancock (notes sent by support) simply does not attend the meeting to make the meeting cannot be held. Yong Xian sent to Hancock promised that if the constitution through the support of its vice presidential candidate, then pull it to his side.[161]Samuel Adams is an important figure in the opposition, Yong Xian sent to its supporters in Boston merchant shipbuilding workers that, after the adoption of the constitution would add to build new ships. So the workers to support the constitution, Samuel Adams may therefore be forced to bow. Having done all this, Yong Xian sent to narrowly win. Some historians to "support the constitution of the strategy and their career is not commensurate with the"[162]Otherwise, in fact.

Mali, Lanzhou and South Carolina after struggle also approved the constitution.

The New Hampshire conference in1788Years2The month is held, Yong Xian sent find themselves in the minority, they suggest recess. After meeting a work, in6Month to the meeting, the Constitution by a majority of small through.

At this time, the constitution has won nine states required the approval of the advantages, to Yong Xian sent to one side. Then Virginia, after a fierce debate, managed by the constitution. And in New York, was the opposition to occupy the absolute advantage, now It is all up with, but even so, Yong Xian sent only by a majority of three to win.

North Carolina rejected the constitution.

Controlled by the state of Rhode Island, is the only one directly by voters vote to decide the fate of the state constitution. The constitution was most refused.

After the two states in the federal government has established, under pressure to finally joined the federation.

According to Beard, was that 3/4 of the adult men failed to vote. The voting16Million people (even after losing the election qualifications property restrictions, this number may also not up to half the electorate. According to current practice, this alone can prove the ratification of the constitution of the lack of enough legitimacy), voted for no more than10Million people, is no more than 1/6 of the total number of the adult men. If not by Congress, but voters vote directly words, opponents may have occupied the majority.[163]

It was as a yong Xian sent and cut a striking figure John Marshall has admitted that this is true: "in some states, two is be well-matched in strength, so even after the discussion for a long time, it is hard to predict the fate of the constitution. In many states, in favor of the 'most' quantity is little, so people have every reason to believe that, if there is no effect, not the constitution.There is no doubt, in the States, the majority of people are against the constitution."[164]

These words of Marshall, another kind of constitution can be said to be the reference to the article at the beginning of his own view of the most powerful refuted.

 

In summary, we can see the essence of American constitution and anti democratic.

Objective to establish the constitution, is take the lift to the interests of the rich threat to democracy.

The process of drawing the constitution is not a democracy.

The contents of the constitution is to limit the democratic.

The ratification of the Constitution can not be called democratic.

In short, USA constitutional movement, is nothing more than a bunch of "talented capitalist speculators", "successfully spoof ordinary people to accept a few dignitaries to benefit the design and constitution"[165].

 (to be continued)