Regardless of political game or other types of games, must have the appropriate rules; no rules of the game are not possible. This is the basic knowledge of human beings from the accumulated experience of countless. For a modern political life of the nation, the constitution is the fundamental political rules of the game. In this sense, as the fundamental law of the state constitution can be understood as establishing the relation between citizen and government rules: constitutional rules hand confirmed the basic rights of citizens, which provides the constitutional basis for protecting the fundamental rights of citizens; on the other hand, it also established the nature, structure and scope of government power, thereby to ensure the operation of government power constitutionality, legitimacy and limitation.
Since the constitutional rule is fundamental to a country's political life, then, a design, selection, the drafting of constitutional rules of the constitutional convention, is a national political life has far-reaching historical influence. Those fortunate enough to participate in the meeting on the first day of the first meeting of the characters do what? In the face of the constitution of different programs, how they discuss, argue? In between the different constitutional rules, how they weigh, choose? In the fierce battle, how they seek compromise to reach consensus? When the principle was deviated from the majority, if anyone dared to stand up to a refusal to defend the principle? No doubt, these are very interesting historical stories.
From this point of view, titled "debate: American convention records" book is really worth reading. It is a complete record of the main participants, USA convention known as American "Federal Constitution" father of Madison on May 25, 1787 to September 17th was held in Philadelphia in 116 days of the Convention, the records from first to last, one day does not lack, covering all the constituent assembly process issues in debate. It is true, complete representationAmerica constitutional convention of 1787 the total historyThe picture, but also the image, vividly describes the various details of conference debate.It not only describes the real historical story selection a constitutional rules of design, more importantly, it provides human how to choose the mode of operation of constitutional rules in rational debate.
　　
　　From the establishment meeting rules
In May 25, 1787, it was the first day of the Convention in philadelphia. According to Madison's records, the day to do three things:
The first thing is to elect the president of the constitutional convention. Pennsylvania representative Mr. Maurice suggested, the delegate that attends the meeting written voting, general George Washington has been unanimously endorsed by 7 states attended the meeting, was elected as the chairman of the meeting.
The second thing is to appoint a secretary of the meeting. Mode of operation is still a representative nominated, vote. The results Jackson major elected with 5 votes, Dr. Benjamin Franklin at the age of 81, had two votes for election.
The third thing is according to the conference on behalf of Mr. Pinckney's proposal, the election of a meeting of the Committee on the drafting of rules. After the vote, law professor Wei Si, lawyer Hamilton, attorney Pinckney three elected Mr, Constituent Assembly elected rule drafting committee.
Of the three events, the most important thing is to make the conference rules. Therefore, in the second - day meeting at (26, 27, two for the day is the weekend, meeting in May 28th to continue), proposal Mr Weth represents the conference rule Drafting Committee report to the delegates meeting rules. After discussion, unanimously agreed to cancel a rule in the proposed scheme in (the rules: "each representative is entitled to a vote on the issue, and the voting results were recorded." ), and through a wide-ranging and detailed rules of the meeting. These rules provide guarantee basic specification meeting ordered effectively, the standard function mainly manifests for the:
-- to ensure representative conference: "Council, participants shall not be less than 7 states; all problems, by attending representative enough states to vote, by a majority of state decisions; attend were not sufficient to represent the 7 states, have daily recess."
-- to ensure meeting order: "representative, others shall not move, not whisper, not read, read, read the booklet printed or handwritten documents; if two stood up, by the president decided to listen to who say."
-- keep discussion on an issue can not be half-way off: "once you begin to debate a topic, represent only the proposed amendments to the issue itself, or further play to this issue, or asked to postpone the meeting to discuss the issue, not to accept other motion."
Conference topics -- decomposition to avoid issues too complicated influence: "one issue, if the content is complex, by any representative requirements, proposed the topic decomposition, according to the theme of the issue, each part apart, one by one into a single proposition."
In May 28th through the meeting rules is certainly more than the above content. In fact, in May 29th at the meeting, they added 6 conference rule.
On the face of it, the beginning of the meeting, will take two or three days to make the meeting rules, seems a waste of time, developed rules sounds some troublesome. However, delegates to the constitutional convention start a meeting rules, not only show that they have strong awareness of the rules, but also show their is formulating the rules, the execution model is the rule and. In other words, from the beginning, they want to play a new political game: the rules of the game by game players through discussion, consultation, the rules of the game itself is clear, open to the public, the rules of the game must be strictly enforced. Just imagine, if those representatives to participate in the design, choice of constitutional rule the meeting itself has not the rule consciousness, they neither to agreed approach to determine the rules of the meeting, to ignore their own meeting rules, enacted by the way some people's constitutional rules, which can really get people's identity, convincing and power carry out, perform?
From this point of view, seems to have reason to say, to make strict rules of the meeting is a first step selection rules, the drafting of the constitution.
　　
　　The rational choice in the balance
The constitution since it is a set of rules, then, the constituent assembly is the essence in the selection rules. In other words, the Convention is one of the many constitution and constitutional rules are compared, weighing, the selection process. Madison USA convention records to prove this point.
At the May 29th convention in Philadelphia, with the final meeting rules, Virginia Randolph first proposed the "Virginia plan". The scheme aims to seek to establish a national unity government, ensure that the relative concentration of the national government power, only for each state retains the right of autonomy, in order to realize the unification of the country. Since May 29th, the Convention has been on the scheme are discussed, and in June 13th formed a committee of the whole report.
However, a sudden change in the situation at the meeting on June 14th, Mr Petersen: representative of New Jersey proposed a "give tit for tat and Virginia plan" of "New Jersey independence" scheme, this scheme highlights States, asked to leave the state sovereignty, essence is to try hard to maintain the loose structure.
Following the "New Jersey plan", June 18th New York representative Hamilton put forward the "Hamilton plan", which advocated the establishment of a centralized full sovereignty "general government", the chief executive has great power.
Meeting ended, an unavoidable problem began to appear: in many constitutional scheme, how to choose which of the plans?
In June 19th, it is quite critical day. As the "Virginia plan" drafters, Madison questioned the sharp and detailed on the "New Jersey project" from 8 aspects, the basic viewpoint is, foreign, the scheme can not prevent the state violates international law and treaties, catastrophe will make the state into war; internally, the scheme not only can't to avoid the encroach on the federal state authority, can not stop the each other between erosion rights of the other party, and thus can not guarantee effective governance and social peace within each state. Madison explicitly rejected "New Jersey scheme", instead he was sure, "Virginia plan" is the main problem of congressional seats allocation, as long as the problem solved, other problems can be smoothly done or easily solved.
With the question Madison reasoned and rejected, according to the proposal and voting representatives, the meeting decided to postpone the discussion "the New Jersey project", the "Virginia plan" is better than "New Jersey scheme" is preferable, continued discussion vote. The voting results, 7 in favor, 3 State opposition, the meeting decided to continue to discuss the "Virginia plan".
On the constitutional choice, the choice is very important. Because, history shows, select "Virginia plan" is actually a unified, to the Republic and autonomous; otherwise, select the "New Jersey plan" will be the choice of separation, go to war and disaster. In Madison's words, "in short, in front of us out of the way, but two extremes, either, the 13 state completely separated, either, the perfect combination of. If it is completely separated, 13 states will become 13 independent countries, all obey their own laws, not the laws. If the perfect combination, the 13 state to become a complete Republic counties, to obey the common law."
Faced with these difficult and critical choices, the delegates to the Philadelphia convention not only to make a rational and correct answer, more important is, in a sense, they set a typical example of rational choice of constitutional scheme in comparison, weighing.
　　
　　Seeking a compromise to break the deadlock
The convention since is to select constitution and constitutional rules, that is free of controversy and discussion is fierce, sometimes this argument may also lead to the meeting come to a deadlock. The problem is how to find a compromise to break the deadlock?
In Philadelphia, the distribution rules of the most heated debate relates to parliament, especially in how to allocate the second chamber (Senate) seats issue had great differences in their tax: state, financial contributions and more troops for the reason, ask occupy more seats in Parliament and in small states; is that, regardless of the size of the sovereign equality of States, must according to the principle of equality, some to allocate seats, otherwise, you leave off. The debate lasted from June 27th to July 16th, Each sticks to his own stand. big and small states on this issue, the meeting come to a deadlock.
In tough times, Dr. Franklin moved the motion: every morning before the meeting, invited the priest prayer, pray to God for wisdom, bless the discussion.
Of course, finally broke the deadlock is not relying on prayer, but delegates to the spirit of compromise, compromise and concession:
　　-- the spirit of compromise. In order to break the deadlock, June 30th, both Franklin claims to seek a compromise agreement. He said, make table carpenter if found wood edge thickness not one, not qualified, they will both sides shaved, let both sides agree, the table is smooth. According to this principle, both sides should give up something, to get together, to discuss a solution. In a sense, Franklin advocated the spirit of compromise has laid the foundation for the conference to break the deadlock.
　　-- compromise. In July 2nd, Congress voted to approve the proposal of Mr. Pinckney, a committee set up by the state, elected members, responsible for the design of a compromise. In July 5th, the Committee proposed two recommendations to the general assembly one accepted, one is the population distribution House seats according to a certain proportion of the house money, enjoy the proposal right. Two is the Senate seats each state equality (this point later in the constitution implementation for each state Senate of two seats). This scheme has the compromise nature: the former is relatively favorable to the citadel, which guarantees the equality requires small nations. Without the former, citadel will not accept; without the latter, small states will never agree. It is this compromise based on, after meeting to debate, finally reached in July 16th by America constitutional historian called "the great compromise" (Great Compromise): between state and small states in Congress on the issue of compromise allocation rules.
　　-- concession. Compromise is the result of a compromise on all sides behavior. Therefore, can reach a compromise on the compromise of consensus, the key lies in: concessions, concessions or not? At the July 16th meeting, representatives from South Carolina Rutledge judge stood on the position of the double point out of the question: "Dabang now need to do, is to decide: concessions, do not let." From the state's point of view, agreed to implement the seats in the Senate is equal for major concessions made to small states; while standing on the small state position, allowing the house for money the proposal right is also a compromise, because the state seats in the house of Representatives, gained control of money very large power.Concession is both. Although such concessions are a little feel helpless on both sides, but have no choice.
　　
　　In denial and appeal to defend civil rights
The constitution as the establishment of civil rights and the government power set of rules, including a civil rights bill is the constitution of Ying Youzhi yi. In this sense, the Convention on constitutional rule is the basic rights of citizens a confirmation. Therefore, if a constitutional convention selected constitution without civil rights act, it is a departure from the spirit of the constitution. In the face of this deviation, how the representatives attending the meeting respond?
The Madison record depicts an example -- Virginia George Mason was 62 years old when he was to us. The farmer has more than 300 slaves, participated in the formulation of Virginia state constitution, drafted by one of the civil rights act. He not only advocated for the abolition of slavery, but also has a strong desire to defend the rights of citizens.
In the Federal Convention, Mason proposed the drafting of the civil rights bill, to be included in the constitution, but the meeting negation. Mason was sure that the veto is fundamentally wrong, because the Constitution in the absence of the Civil Rights Act, federal laws and higher than that of the state law and the constitution, only rely on the dispersed in each state constitution in civil rights, civil rights be protected effectively unable to.
Therefore, Mason took several actions: one is refused to sign the constitution. Mason said, "the constitution into it, he is not here to give support, back to Virginia, also cannot vote for; not sign here, where can't support." In the 55 delegates to the Federal Convention in, he is one of 3 refused to sign: he flatly refused to signature behaviour shows that he defended the rights of citizens of courage and determination.
Two is his opposition announced to the society, in order to gainThe support of public opinion.
Three is the case in Virginia's constitutional convention. The results of the State Convention, to supplement the civil rights act as a precondition for the ratification of the Federal Constitution. The imitation of other states, the state assembly also made a similar request, as the ratification of the Federal Constitution condition.
Mason refused, calling and lobbying not in vain: in September 25, 1789, the first federal parliament by 12 civil rights bill, which 10 approved enough state parliament became the Federal Constitution, the first 10 amendments, is for the civil rights act.Mason is honored as "the father of civil rights". But along with the civil rights bill into constitution, a constitution of the two pillars -- the Civil Rights Act and the power of government architecture is finally set up, the overall framework American constitutional building has basically established.

     American began as early as 1787 civil society and constitutional law of history, historical background at that time is American is the primary social democracy, so as to the citizen and government rules of the game - the constitution to guarantee the rights of citizens, to determine the legal Co. and strong government laid the foundation. At that time, China positive qingjunruguan after more than one hundred years before China rule over all the feudal autocratic monarch. Popular. And the shame of hundred years the Qing Dynasty is rotten in the end. Two kinds of system of each support strength and the evolution of bullying sad ending, Shi Mingjian, Youshikejian, reference to history, the history of thinking to Kesi, feasible in democracy. On the constitutional. Zhu Shichou