On America constitution why become a "living constitution"
Zhao Lihong
(Weinan Teachers University Department of history and culture, Shaanxi, Weinan 714000)

Abstract: the constitution of the United States is the world's first written constitution bourgeoisie federal state, the pioneering work of significance of world. The Constitution itself is very short, the world's shortest constitution, but thought it contains extremely rich. America federal constitution has become a classic, largely because of its life, its performance has the vitality is run through the implementation of the Constitution in the process, and this process is also the constitutional process. The constitution has the vitality and can last for a long time, lies in the constitutional guarantee. Therefore, China should establish the constitutional system actively, implement the constitutional judicature, to realize the goal of the rule of law.
Keywords: America constitution; the living constitution; flexibility

 America federal constitution is a classic legal literature, although he was very short American constitution in the existence and development of more than 200 years, the vitality of the advantage again and again to adapt to the needs of the times, the development of America. And, in this process, the Constitution itself applicable is a constitutional process. Scholars have studied a lot, and gave a high evaluation. The formulated and promulgated background analysis American federal constitution as the living constitution, and through the case that the "live" performance, in order to inspire our construction of rule of law.
American Federal Constitution can become a living constitution refers to the creation of the mechanism of constitutional stretch strong, apply the Constitution does not rigidly adhere to the inherent, determine the legal norm itself, but directly facing the realities of life, constantly on the constitutional explanation, and make the constitution needs to be able to more quickly to reflect real life, always adapt to the times requirements.
A America constitution, enacted and promulgated background
   America this was a British colony, in the end of the war of independence, the 13 colonies according to the "articles of Confederation", first established by the Continental Congress in the form of loose central government, then known as the "Confederation", and "articles of Confederation" constraint relationship between States and the central government. But under this system, the Continental Congress had no power to tax; at the same time, because of the lack of national administrative and judicial institutions, Congress can only rely on the state of local government (often the lack of cooperation among local governments to implement the law). At the same time, the Congress on tariff among the States had no right to interfere. In order to get rid of the political and economic situation, in 1787 May held a constitutional convention in Philadelphia, the initial resolution stating the purpose of the meeting is to draft the "amendment" of the articles of Confederation, after a long process, although the legitimacy of its constituent has been suspected, the meeting decided to draft and promulgated a constitution. It is a "long process", because there are many power struggle and compromise in this period. On the one hand, the state needs a strong central government, but on the other hand they worry too strong central government will do harm to the interests of the state, and between large and small states also exist differences, are worried about their own interests are damaged. In the meantime, delegates states have proposed their own plan. Finally, the Connecticut scheme helps to eliminate the differences between representatives of the size of the state of the dispute. This scheme is also known as the "Connecticut compromise" -- allows states have the right to represent equal in the Senate, the larger and smaller states dispute.
   From the above obviously, product constitution at the beginning of the formulation is various forces compromise compromise, has the very strong. At the same time, it is also for this reason, America federal constitution makers the constitution has the certain flexibility -- not the constitutional rules are too rigid, otherwise it is impossible to make a compromise. Therefore, the constitution is very strong principles of content. These include the national authorities of the separation of powers and checks and balances, the authority of departments, state and central government authority.
America federal constitution is the human history of a creation work, at the same time it is also the basis of America all political structure. It established USA's founding principle, thus fundamentally determines the orientation of political development of the country. By constantly add new revision, the Federal Constitution, maintain the exuberant vitality, after, after 200 years of vicissitudes of life today, it is still the fundamental law of the country American. Therefore it is important to American of historical development is self-evident.
Two, American constitution and "live" performance
   The core content of the federal constitution is USA shall constitute a state practice the separation of the three powers, checks and balances principle. The legislative, administrative, judicial departments of the three respective according to different ways, they are mutually independent and interrelated, anyone can post in one of the departments, but not of two or more than two departments.
   First, the constitution of legislative power to Congress, the Congress is composed of a Senate and house of representatives. The senator is generated by the State Council election, 2 from each state, for a term of 6 years. Senators must be at least 30 years old, have citizenship for at least 9 years, and residents of the state. The number of Representatives according to state population distribution, elected by the voters in their own constituency, a term of 2 years. The house of representatives must be at least 25 years old, have citizenship for at least 7 years, and residents of the state. Congress has enacted laws, taxes, declare war, the approval of the president of the appointment of officials and supreme judge power. The foreign and the impeachment of the president's power. 1.
   Second the provisions of the constitution, executive power is vested in the president. The president is head of state, heads of government also commander in chief of the armed forces, at the same time. The president not accountable to parliament, and responsible to the voters and the constitution. Elected president must be born American citizens, must be 35 years old, living in America has at least 14 years. The president is elected for a term of four years. Presidential elections are held every four years, the electoral college elected, consisting of the electors elected by the state legislatures, their number and the number of lawmakers are equal, but members or officials shall not be designated as a voter. The president's power is mainly: to enforce the law, to appoint the administrative and judicial officials, to deal with foreign affairs, the commander of the armed forces. The president also has the power to veto laws passed by Congress, but has no veto amendment to the constitution. In exceptional circumstances, the president has the right to call a meeting of both houses of Congress or any hospital.
   Third, the constitution judicial authority resides in the Supreme Court and district court. The scope of judicial power includes the Constitution and other laws of the United States, the treaty, foreign-related cases, and in the United States is a party of litigation and interstate lawsuit. The supreme judges appointed by the president, but need to be confirmed by the senate. The supreme judge once served, as long as the good behavior, will be for life. The Supreme Court may accept the impeachment and trial of the president.
Through the provisions of three departments production procedures and powers, the constitution of 1787 the legislative, administrative and judicial USA mutual between the balance of power. The relationship between the president and the Congress, the president has the power to veto legislation passed by Congress, but Congress may use 2/3 majority voting to deny the president's veto. The president has the right to nominate candidates for federal judges and ministers, and conclude a treaty, but all must be approved by the senate. Congress can pass the impeachment of the president or a judge dismissed, but must reach 2/3 of the most. If the president's trial, it must be by the chief justice of the Supreme Court of justice.
Between the bicameral Congress itself also balance each other. The Senate and the house of Representatives mutual veto any legislation, which must be passed by a majority in both houses at the same time. All tax case by the house of Representatives, but the judge and the appointment of officials by the senate. All the members directly elected by constituencies, are elected every two years, replacing all the members. The senator is generated by the state elections, election every six years, only the replacement of 1/3 members, in order to ensure the continuity of the congress.
Between judicial and other two departments also form the balance relationship. The Supreme Court judges are appointed by the president, and through the Senate, but the Supreme Court after he took office as long as loyal to their duties, and tenure. This ensures that they no longer have any power and self-interest to contain, in order to make a fair decision. In addition, although the 1787 Constitution does not expressly the Supreme Court has the power of judicial review, but in 1803, Supreme Court Chief Justice J. Marshall through the case "Marbury v. Madison", in the form of case established the Supreme Court has the power to review the law passed by Congress, the Supreme Court has the power to declare by Congress, by the president signed the law unconstitutional and invalid. This system has become the Supreme Court and the president and Congress power, an important means to prevent the breach of privilege. But the Supreme Court has no right to veto the amendment of the constitution, so the Congress to deny the Supreme Court for a law unconstitutional judgment, can be adopted amendments to the constitution, the Supreme Court has no right to veto. But the amendment to the Constitution requires a parameter, house of Representatives three two-thirds majority in Congress, and obtain the approval of the state at least 3/4. At the same time, Congress has the right to be forgetful of one's duties or criminal judge impeachment. 2.
In addition to the establishment of the separation of the three powers and the balance of power, the constitution of 1787 also identified the American federalism. In a federal system, although the federal government power than the Confederation period increased a lot, but the states have their own specific interests, and protected. In the premise of not violating the Federal Constitution, each state has its own constitution, the government and legislative, judicial institutions, has a relatively independent of the power, not the central government interference. The Tenth Amendment to the Constitution also stipulates, "not delegated to the United States Constitution, nor prohibited by it to the states by the exercise of power, the states retain their, or retained by the people". This is once again confirmed the United States power from the people and the States, the people and the States for their own interests, through the constitution this contract will be part of his powers to the government of the United States, but still retained the other powers. In this sense, can be said that the power of the federal government is for the state government to transfer to the part of the power of the central government, and many other countries from central government to local government power in opposite order.
Fourth, the 1787 Constitution to amendment form, add a "bill of rights", it is the fundamental rights of citizens is ensured, mainly is the freedom of religious belief, freedom of speech, freedom of the press, freedom of peaceful assembly, the right to keep and bear arms, housing is not infringed and the human body, residence, file, property and security etc..
America constitution of 1787 is the first written constitution in human history, it has great significance with the creation of the world. Obviously, the America constitution constitutionalism thoughts originated in Europe, the UK has the greatest impact, in addition, the law of ancient Rome, Rock and Montesquieu and other enlightenment thinkers natural rights, social contract concept, the people's sovereignty, separation of the three power theory, the formation of the constitution of the United States played a direct or indirect. However, in these brilliant ideas in Europe, not first appeared America such political system, is America founding researchers from these excellent ideas, combined with their own practical experience, created the political structure of the one and only.
American federal constitution becomes the living constitution first in that it is not rigid, but can be modified. In 1787 America constitution makers know that, the Constitution itself is not perfect, but because of serious differences between the views of Representatives, the constitution is the best constitution that circumstances can reach. In order to give future generations to leave space activities, the special provisions of the modification procedures, ways and ratified the amendment of the listed in article fifth of the constitution, there are two kinds of formal methods: first, won 2/3 of the votes in Congress to the hospital; second, Congress should the legislatures of 1/3 please, held a national meeting. In fact, Congress has scrutinized under the 11000 amendment to the constitution, but only 27 approved, the 27 amendment to the shortest spent three months, and the longest is spent 203 years. Given the method to modify the formal is difficult to be applied, America constitution can also be modified through informal modification. As can be seen, the revision of the constitution is not a simple thing to do. However, the interpretation of the Constitution can still meet the needs of the times. Although the interpretation of the Constitution itself has never been clearly defined and its subsequent amendments in constitution, but formed from the beginning of the nineteenth Century convention is: American Federal Supreme Court has interpreted the constitution authority, right through the concrete case trial, review the federal common law is in violation of the federal constitution. In addition, the Congress and the president's explanation of it and get the changes can also USA federal constitution. For example, the eighth section of the first article constitutional business between foreign trade and state power in congress. Although the Constitution does not clearly defined on interstate commerce or foreign trade, Congress invoked the commercial terms as the basis, by the provisions of the foreign trade and the connotation of interstate commerce law. 3.
America constitution becomes the "living constitution" is another expression in the elastic clause of the constitution text by the existence of their own "". For example, the provisions America Tenth Amendment to the Constitution: "all not delegated to the United States, also not prohibited by the state power by the states respectively, retain, or retained by the people. "Subtlety here is how to understand the" grant". "The anti Federalist" once in "awarded" with "express", in this way, which are not expressly granted the power of the central government are the state government to exercise. Madison firmly opposed, he said "the government limited to exercise the express authority is not possible, must allow the implied power". The Tenth Amendment to the Constitution by the views of Madison, did not use the "express" formulation, which allows a flexible "implied powers", " implied power" to the central government for very flexible. For example, although not specified in the Constitution in Congress established the National Bank of the power, but the chief justice John. Marshall in the 1819 "Mike Locke v. Mali Lanzhou case " to determine the Congress has implied authority to establish national bank "". In his view, the legitimate objectives of this elastic clause support "all appropriate measures" to implement the constitution. In the following "Gibbons v. Ogden", Marshall on commercial terms, a broad interpretation of the national government to exercise more authority over all domestic economic affairs. 4.
American constitutional flexibility on the one hand, the thought of natural law and the thought of rule of law as the basis of the fundamental guarantee and case law as the premise, the maximum America federal constitution plays its flexibility, solve the different problems in different times, the USA completed from the constitution to the constitutional transition. America constitutional process, is actually USA constitution step by step, adjustments to improve, adapt to the reality of the historical process of continuous updates. Because of this, America federal constitution it has long life, truly become a "living constitution". But on the other hand, the evolution and innovation of law or system, mainly is the accumulation and development of judicial practice and judicial experience and practice based on the common law courts, especially the. Invoked the law is the main way to understand and apply the law, constitutional flexibility is therefore to show.
America constitutional flexibility and plasticity for outstanding performance:
First, the Constitution itself set "elastic clause". "Elastic clause" is American Constitution adopted in the form of lists for the power of the federal government. In enumerating, constitution has a special provision: the federal Congress has the power to "make for the implementation of the powers, and by the Constitution gives the federal government any, or any public officer all other powers necessary and appropriate all laws", the so-called "elastic clause". The provisions of the future, Congress may from time to time according to the need, to expand its "delegated power".
Second, take the value orientation of "loose" on the interpretation of the constitution. Loose refers to the constitution from birth onwards, Americans for the provisions of the relevant division of powers in the constitution is controversial, there are two kinds of attitudes: one school of thought, the constitution should be "strictly" explanation, Congress, should be limited to the specific "delegated power" and not ultra vires. This tends to impose restrictions on the federal government, so that the state can exercise more power, these people are called "states' rights" theory. Another claim to do the "generalized" "loose" interpretation of the constitution, tends to expand the functions of the federal government, the establishment of more powerful central government, two kinds of tendency, the latter usually prevail and finally obtain the absolute advantage, in order to ensure that the federal government to USA by so-called "hidden power" increasing the scope of powers. Third, the creation of the constitution revision procedure. Modify the program; in 1787 USA federal constitution makers know that, the Constitution itself is not perfect, but because of serious differences between the views of Representatives, the constitution is the best constitution that circumstances can reach. In order to give future generations to leave space, but also to avoid "the living dead rule situation", Gift sets out to modify the program. This essentially ensures that the Constitution can adjust to changing circumstances, to adapt to the new requirements of the times development. USA constitution since its birth, has had 26 amendment into law.
USA Constitution contains many elements of democracy. 5.
First, the establishment of the republic. First announced the Republic is a state, this state is "Federal Constitution" recognition. Can say, America is modern history, the first in the world to establish a republic in the vast land of the country. This fact to Montesquieu about in the vast country could not establish a Republic view. In fact, based on the USA Republic is not accidental, because of republicanism in North America than in Europe, has a more profound social foundation. The republican tradition has always been strong in the colonies, to most people of these colonies are "religious dissent" their sympathy generated in the seventeenth Century British revolution in the Republic of china. And the North American political system started in fact close republicanism, especially new England Puritan society's political system.
Second, democratically elected government system. Congress is elected president, is elected -- at least in form, the bourgeois revolutionaries advertised on the government should be based on the rulers of the unity of theory into practice. This is in the world has set a good example.
Third, the constitution embodies the civilian government power over the military and civilian control of the military power of the principle. This principle is very important, because it can avoid the military dictatorship or military coup.
Fourth, the provisions of the constitution of the amendment to the constitution procedure, which embodies the thought of Jefferson. Jefferson believed that the dead should not rule out the living, on the generation of the constitution should not be fettered by the next generation, the next generation must be combined with the contemporary reality make the necessary amendments to the constitution.
 The America constitution is composed of 7 chapters, the main provisions of the government of the three big powers of organization and operation, the relationship between the States and the federal government, the Constitution itself revision and approval procedures. Quite different from the modern world of the constitution is USA constitutional text says little about people's rights (human rights), but in the constitution went into effect soon after, America Congress passed the amendment, the main provisions of the basic rights of people should enjoy, its main content is one of the main sources of human rights provisions of the Constitution in modern.
The first chapter: the legislative power USA constitution
Chapter I of the Constitution provides that the legislature American congressional power organization. American Congress comprises two parts of the house of Representatives and the senate. Congress provided the election of members of Congress and qualifications. In addition, the provisions are stipulated legislation and congressional mandates. The end of the first chapter provides for federal and state legislative restrictions.
The second chapter: administrative power American
The second chapter of the Constitution provides that the administrative body that is related USA President: America presidential election procedures, government officials qualifications, inauguration oath, government officials, the powers and duties of the appointed official procedures. At the same time, this chapter also provides some special USA vice presidency, and after America president incapacitated or resign from the position of vice presidential succession. The provisions of the constitution, American vice president concurrently USA Senate President one duty, but in practice in recent years, this kind of practice is very rare. The second chapter also provides for the government officials (including the president, vice president, judges and other officials) impeachment and removal procedures.
The third chapter: the judicial power American constitution
The third chapter is the judicial authority is USA federal court system (including America relevant provisions of the Federal Supreme court. The Constitution provides for the establishment of a Supreme Court, in principle USA Congress can set up low-level court, and all the lower court's decision and command by the Supreme Court of retrial. This chapter also provides all criminal proceedings should be the jury system, the definition of treason, treason punishment and the Congress to limit.
   The fourth chapter: American constitution states the powers and limits
The fourth chapter provides the relationship between States and the federal government and the States. For example, the provisions of the constitution, state governments to fully respect and fully believe in the law of other states, records and judicial proceedings. The Congress shall have power to adjust the state acknowledges that documents procedures. "Privileges and immunities clause" prohibits state governments to the interests of local residents and the difference to the residents of any other state. (for example, prohibition of "residents in Ohio, Arizona crime than local residents will be more severe punishment") the fourth chapter also provides interstate extradition of criminal procedure, between the States and the freedom of migration of tourism. Now living in the States border area residents for interstate movement has already be accustomed to, but if according to have effective Confederation of States, across the border is usually very difficult and costly.    
The fifth chapter: the constitution America constitution amendment procedure (6)
The fifth chapter provides the correction USA constitution procedure. As early as the constitution establishment, the drafters had been aware of changes with the development of the country and the time, need to be amended constitution. At the same time, they also believe that the revision of the constitution should not be too frequent. In order to achieve the balance between the two, the dual program a set of start amending design drafters.
The correction procedure can be started by two ways: Congress initiated or state sponsored. First of all, both houses of Congress required number (not more than 2/3 of all the members of the majority) can be proposed constitutional amendments. Secondly, more than 2/3 of the American states require Congress to call a national conference, Congress must convene a national constitutional conference. So far, America constitution amendment is started by all above methods.
Amendment to the Constitution in Congress or the national constitutional conference passed, still need to be approved by more than 3/4 states to enter into force. The fifth chapter provides the Congress has the power to choose the state legislature or the state special constitutional convention to perform the procedures for approval. In history, only the twenty-first amendment to the constitution was approved by the state special constitutional convention. The fifth chapter also provides the only restriction on the amendment: without the prior consent of the States, any amendment can deprive states equal representation in the senate.
Unlike many countries constitution, amendment American constitution does not modify the Constitution in this, but in the constitution of the additional. Even though the constitution text become obsolete or should be abolished, but still can not be directly delete or modify.
The sixth chapter: the federal power USA constitution
The sixth chapter stipulated the Constitution itself and the federal government laws and treaties with the highest authority in the national scope. At the same time, the Constitution also confirmed according to the articles of Confederation and issue bonds, also requires all legislative, administrative, judicial organs should swore to uphold the constitution status.
The seventh chapter: the constitution America approval procedure
The seventh chapter provides procedural vote on the Constitution itself to take effect. At first America constitution as the amendment of articles of Confederation, need the approval of Party won all 13 states to set up. However, the seventh chapter only require more than 9 state approval can make the constitution went into effect. Therefore, many scholars believe that once only 9 states approved the draft constitution of the Department, then from the old Confederacy from out, set up a new federal countries. Without the approval of the state will stay in the old country within the CIS system. In fact, this theory has not obtained the practice proof, because all 13 states and eventually all approved the constitution.
America constitutional amendment and USA bill of rights
So far, America constitution passed 27 effective amendment. Among them, the 10 first amendment is a one-time pass, because the main provisions of the rights of the people and the government restrictions, therefore is called the bill of rights. 17 subsequent amendments is obtained by the successive.
   USA constitution was born, Jefferson said: "the constitution belongs to the living, and not to the dead". In his view, each generation to have a new constitution. Over the past 200 years, America people still under the constitution of the asylum, the prophecy of Jefferson did not become a reality. Perhaps, Jefferson only saw a constitutional rigid, but did not expect that the Constitution can be hard and soft, and the softness of the constitution is "the living constitution".
   USA constitution is a constitution in the history of mankind's first written, in USA as respected supreme, biblical. Since it is the supreme of the Bible, it should not be frequently revised legislation institution or the people's own. Therefore, the Constitution provides for demanding constitutional conditions and cumbersome process of amending the constitution, which makes in a federal state American, through the constitutional democratic procedures to in fact extremely difficult to succeed. However, regardless of the father of the constitution how wisdom, after all, 1789 was a small and simple social and the drafting of the constitution, how can not corrected for huge and complex modern industrial society?
Fortunately, USA people solved this problem, provides a "successful model of the living constitution" for us. This success, first of all thanks to the constitution of. They clearly recognize that "this document is not designed to meet the urgent need for a few years, but will bear a long time. We can not foresee, how power changes and improvements will generally aim to charter is indispensable, or what now seems useful constraints and rules, might eventually overthrow the system itself. "It is this humble the Constitution not easily entangled in all the minor details, it only reflects the consensus of people in the basic principle; it is this with profound respect and humility makes this simple phrase constitution, general, left huge space to play freely, not that they be in a nice hobble in lengthy articles.
 As USA Pragmatism Jurisprudence founder Holmes said: "the life of law is not logic, it has been experience. "People just build constitutional framework, the constitution of life is each generation continuous efforts. The paper documents that is similar to the relay to make the constitution origin  hand is not limited in 1789, but the constitutional interpretation, constitutional conventions, constitutional case, treaty, legal and other forms; on the other hand, formed a set of complete, detailed, operable, and the interpretation of the constitution supervision litigation system, the paper surface constitution into simultaneous development of the constitutional system and society.
When Marbury delivered a paper pleadings to the Supreme Court, he would never think of it will change the American constitution even American fate, Marshall through the jurisdiction rules an unremarkable provides a bridge for the creation of judicial review, and the Supreme Court has played a "continue to open the Convention" historical role, so America constitution avoids the curse, I died years, Enze was, not only belongs to the dead, also belong to the living, even will belong to the people in the future.
   Professor Wang Xi once said, USA constitution is a "living constitution". This is because, in his view, American Constitution itself is a multi interest negotiation and compromise. In the real social life, USA social various interest subjects and interest group, in order to safeguard their own rights and interests, and around the Open Constitution America released by the dream of a country, and the principle of constitutional objective, and continuous interaction "talks" and compromise. With this "negotiation" and compromise of the historical development, the connotation of constitutionalism has been redefined, new problems appear to respond to the new historical conditions, the vitality and constantly updated, the Constitution and therefore become a "living constitution".
Professor Wang Xi's analysis is quite incisive. However, in my opinion, American constitution is a living constitution, more popularly summarized, but that it is a constitution can talk, talk of the constitution is the living constitution. In American, constitution as other common law, can be used as the legal basis for the people's court proceedings. People can hold the constitutional claim and protect their rights, the court also can according to constitutional adjudication of disputes. As long as people resort to the Constitution on the sacred, Supreme Court will resound constitutional voice.
Some famous judicial cases America history, such as the 1819 Dartmouth College v. Woodward, 1989 Texas v. Johnson, the 1966 Miranda v. Arizona, where is the quote the constitution basis, to win in the preservation of rights. If the constitution is not actionable, if in the constitutional court can not speak, then, even if the Constitution clearly promised to them such as right to be isolated and helpless, Dartmouth College, Johnson and Miranda, in the face of the government's power, the result will still suffer a big. Dartmouth College will be taken over by the government, because it is facing an excuse to school is a public institution of the strong government. Johnson must have been jailed, because he not only protested, disrupting public order, but also flag burning, seriously offended and hurt most Americans feelings of patriotism. Miranda is arrested, because he himself has admitted committing the crime of rape. Finally, the weak are over power, justice is timely, because the constitution intervention. Visible, USA constitution is not a temple in the name of the Constitution Constitution without real dead text. As long as people need, the constitution must speak for the people, people will take it. USA constitution is the living constitution, is really reflects the people's rights of Saint, because it is able to speak.
In fact, the historical experience in numerous shows, anyone in the world can not speak of the constitution, will never be a living constitution. Only can speak of the constitution, is the living constitution, in order to live in people's heart. The constitution or to be able to speak, or does not exist. Unable to speak of the constitution, people put it away unheeded, not much, if any constitution, or only the authority to Qianhu grand constitution, it is there for people, could not be true. When the people's rights and freedom is violated in be isolated and helpless situation, that take an oath devoutly to protect the people's constitution, in the face of suffering wrong people, how can you be completely indifferent, pretend to be ignorant of sth., to pay no heed? Plainly, the constitution is just "written into parchment". The constitution of the forces from the people's belief in it, trust it can effectively restrain government power, protecting the individual freedom and the basic rights of the people. If do not have the trust of the people, so, these "written into parchment" is simply a mere scrap of paper. If the belief is not the law, not the law. The Constitution without faith, not the constitution. The Constitution does not speak for the people, the people could not believe that the constitution exists, the constitution would not be alive. From human society, constitutionalism practice experience, in order to make constitution alive, first of all must be the Constitution can speak, can be actionable.
   Born in 1787 in the USA constitution, as the final summary USA bourgeois revolution achievement, itself has some progress. It is based on the North American colonies unique social soil, while absorbing the thoughts and ideas of the most advanced in Europe at that time. It is such a constitution, constitute the fundamental guarantee of the future, American growing, rising system. However, American constitution since its birth, the world has undergone turn the world upside down change, America society has changed, but the constitution is still effective. When the constitution was drafted, American exist only 13 states, the total population of only 4000000, of which 90% is the agricultural population. There was no big factories, machines, no big city, transportation and communication tools convenient. After changing two century, USA already by the small dustpan, the original has great country and become cross two oceans, from an agricultural country and the rural poverty turned into the world's most prosperous, the most technologically advanced industrial country and city society, from a backward colonies became one of the world come first on the list of the superpower. In the meantime, America constitution in addition to slightly adjust, basic spirit has not changed. Why a constitution in small agricultural society, still be able to adapt to the increasingly complex America modern industrial civilization needs? The basic reason is that the Constitution itself has very strong flexibility and plasticity. This point, become the eternal vitality of A.
In summary, the constitution of the United States is the constitutional convention in Philadelphia in 1787 put forward a draft, held in March 4, 1789 American first Congress announced effect. According to the constitution, USA has become a national unified central government federal state. The constitution is composed of the preface and 7 main body, the preface explains the purpose, for the pursuit of "justice", "domestic tranquility", "common defense", "public welfare" and "free". The provisions of article 1-3 of the legislative, administrative and judicial organs, three generation of organization and the scope of authority; provisions of article fourth of the state of affairs; provisions of article fifth of the constitution revision procedure; sixth is the effect on the former government debt and treaties, as well as the relationship between the Federal constitution, the law and the constitution, the law; the provisions of article seventh of the Constitution itself approved procedures. American constitution is a "live" constitution, revised many times, so far officially became the 26 amendment, the 10 amendment is the earliest in December 15, 1791 through the "bill of rights". America constitutional recognition of the sovereignty of the people, the rule of law, the separation of the three powers and checks and balances, federal and state power, the Army civilian control principle. American constitution is the oldest written constitution in the world. Provides a successful example for the future American Constitution written constitution in many countries, making.
Three, America constitution of Chinese rule of law enlightenment
The constitutionalism in the late Qing Dynasty has more than a century of time, Chinese people do not lack of constitution, constitutionalism and constitutional but the merry go round of change but people can not help but lament the constitution of the short-lived. The 1982 constitution, although not perfect, in fact there can be no perfect constitution, even America Constitution -- but it frames the basic framework of a country of democracy and rule of law, then how can we to modern people's eyes negate previous efforts? We have to focus on is the longevity of the way how to study the constitution. We should learn from the American constitutional belief, in a letter to the constitution as true how society can tolerate the "true" inconstant in policy? This devout enable us to target in short and constitution vigilant; we should learn is American created or modified in the face of the constitution that humility, since the human wisdom can not be exhaustive and all of the future, the future generations have a humble, we need to do is provide a chessboard and rules them; we are going to learn America constitution pragmatism spirit, put it away unheeded constitution is more like a cultural relics unearthed. When the general law or government behaviors obviously unconstitutional and constitutional but incapable of action, the Constitution in lethargy; we should learn is American judges of the Supreme Court to deal with challenges and opportunities of courage and keen.
USA does not have a long history, it has the oldest written constitution in the world. America constitution has many places worth us studying and using for reference and inspiration for the construction of rule of law in china. The constitution is the protection of the rights of citizens and the patron saint of books. The meaning of the constitution only recognized and compliance when displayed, the constitution only "live" in the hearts of the people to become a "living constitution", in order to become political democracy, social stability, national development, national prosperity and an inexhaustible motive force and source. China should establish the constitutional system actively, implement the constitutional judicature, to realize the goal of the rule of law.
(Instructor: Ren Zhongying)
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(2) "J.R.Pole, Foundations of American Independence, 1763-1815, Indianapolis"
AEI Press, 1972, p178