On the pursuit of America constitution and universal human value

Abstract: from November 11, 1620 "May flower" sailed to North America Cape Cod now outside the general port Winston, in July 4, 1776 234 years since the establishment of American, originally opened in North America the 102 Protestants and other crew members and their descendants and more the pursuit of freedom, equality, heavenly life of immigrants have been in the opening of the new land on the pursuit of a universal human values. "Declaration of independence" to create conditions for them to realize their dream of "new world," said the declaration of independence, freedom, equality, rights can not be transferred, limited government, and has been rulers to accept government "USA concept" through the system and practice in America constitutional regulations set, these ideas encourage the pursuit of freedom of human flock to this new land, and realized one exciting "American dream" in this land, a "America dream" woven into the human dream, woven into the picture of human pursuit of universal value.

Keywords: America constitutional universal human value pursuit

   In November 11, 1620, a ship carrying 102 passengers ships -- "May flower", it is the destination of the Hudson River Estuary, but when the sea wind evil, they missed the destination, only now in the Cape Cod outside the general Winston port anchor. Because at that time is the late autumn, where they decided not to continue the voyage landing. Before landing, they signed an agreement on the boat, the agreement is in 1620 in Plymouth "" May flower "Convention" -- "for the glory of God, in order to enhance the Christian faith, in order to improve the honor of our king and country, we across the seas, in northern Virginia first colony. We mutually pledge contract in the presence of God, the resource node as a self-government group. In order to make the above objective can be better implemented, maintenance and development, the future of this usually enacted are considered for the colony and all the people are the most suitable, the most convenient laws, regulations, rules, charter and the system, we have to ensure compliance and obedience."[1]

   The Convention establishes a voluntary, in the name of God's autonomy, the rule of law principle. According to the agreement, they formed an autonomous in the name of God Group, joined the group of people must obey the of the group of the group "the most suitable, the most convenient laws, regulations, rules and regulations, charter"[2]. Washington, according to the principle of equality, freedom, autonomy, rule of law, limited government established a contract country -- the United States of America in 1776, under the guidance of these principles, the new continent American this is a paradise of countless people the pursuit of dreams.

Philosophers believe that "every individual in this society are recognized by the group, making the contract, and eventually developed into a country" is the only source of government legal existence. Conversely, a no treaty organizations, and individuals are forced to accept this group, the group finally developed into a country, so, the government is not legitimate. Illegal government no doubt can not promote the public welfare as well as the descendants of the people of the people a happy.

   Generally speaking, the development of our human society is like this: first in the jungle, our ancestors as a single ape, able to hunt, feed themselves, they are free, each apes are equal, they according to the laws of nature are the jungle. Later, our ancestors from the tree came to the underground, to be plain, primitive. On the plain, our ancestors faced with various challenges, including from other apes, other animal groups and individuals can not resist the attack of other powerful forces, is also facing the person can not find more food and do more work hard, aware of our ancestors, must be combined in order to better survive. So, to some god faith tribes will gradually formed, in the village we abide by divine decree, in the divine decree of our ancestors can enjoy the freedom of contract. They elected tribal hero (such people tend to be elderly or strong can play more prey man) as priest or shaman as an angel of God, is the driving members of the tribe the hand over part of power, as the legitimate (consistent with natural law, the original social thought, with a powerful people is God's will that) representative, everyone followed the priest or wizard command, priest or Shaman is the obligation of Public Welfare Promotion tribe, led the tribe members to resist foreign aggression, priest or wizard is mainly for the entire tribe service. The tribal structure development up to now, is to the European and American countries as a representative of the Christian or other religious regime. God is the first form of Christianity, according to the original form of God's decree act is the rule of law, the priest or Shaman is the first form of the elected government, and tribal members together to form the original form of civil society. While the preface USA constitution is this: We the people of the United States, in order to form a more perfect union, establish justice, maintain internal security, the establishment of common defense, promote the general welfare, and to ensure that our own and future generations of freedom and happiness, the constitution of the United States is formulated.[3]In the preface America constitution, we can find, governance principles formulated America constitution accords with the primitive tribes, and governance principles like this, is our pursuit of human values. Ever since Adam and Eve were God's expulsion from the garden of Eden, looking for the return of the way we. USA constitution embodied human pursuit of the most primitive, we value the most primitive human pursuit is a freedom, equality, autonomy, the rule of law society. So, the new world will be attractive to man.

   "" May flower "Convention" established America the legitimacy of the government -- in the name of the Lord, "voluntary became a public autonomous organization (covenant and combine ourselves together into a civil body politic)"[4]. Please pay attention to the words of this sentence: covenant, combine, civil, body. Covenant capital is intended to refer to "the Bible" in God and man is the contract. interpretation of covenant is a formal agreement between two or more people,[5]Chinese means "a between two or more people's formal agreement", through this agreement, select a representative group will organ. interpretation of combine is join together to make a single thing or group,[6]Chinese means "together to accomplish one thing or to a target are combined into a group". Civil Chinese means civil, public, according to civil law, embodies a kind of private right, principle of treatment is between private disputes. Body means groups, groups of rule execution is the most important characteristic to comply with all members of the team leader, whether ordinary or. Embodied in this sentence is the spirit of freedom of contract, the law must comply with the rule of law, namely the autonomy of private law is equal.

   Washington, Jefferson, Madison, American Federalist according to these principles and John Rock "the rights of the government from the rule of the people, rather than the so-called 'Divine' theory about the will of god. Therefore, the government is also subject to these people"[7]"If the government and wanton violation of people still retain such as life, property, freedom and unalienable rights, people have the right to overthrow the government"[8]The theory, Montesquieu's "all the people have the power to abuse of power, this is an experience unchangeable...... To prevent the abuse of power, we must restrict power with power"[9]The doctrine of separation of powers issued a "Declaration of independence", "bill of rights" and the 1789 "Federal Constitution". "" Declaration of independence "is USA the first constitutional document. It has no effect on judicial, also did not establish the rights and obligations of any law. However, "has a decisive influence on the declaration of independence" on China's political system and the development of. She announced the so-called "America belief" ideal ", reflects the America belief" criterion. This "belief" that people's rights, legal equality, government with limited power, and by the rulers to accept government etc.. It runs through the system and practice of constitution. "Declaration" to keep this American moral; firmly against the destruction of our democracy, against the negative people unalienable rights",[10]So we see that USA the preamble of the constitution only 52 words a. USA constitution is the claim to the "Declaration of independence" and the "bill of rights" life and freedom, equality, independence, sovereignty of the people, the limited government, the right not transferable, people have not accepted practice to overthrow the government's power to universal human values.

   In order to practice these universal human value, USA constitution established federalism, separation of powers and checks and balances, judicial review system. The implementation of the system, the effective protection of the rights of the people.

  "The first mentioned the Federal Constitution" to determine the federal government is the legislative power, "Federal Constitution" Article 1: Legislative Powers herein, all belong to the United States Congress, Congress is composed of a Senate and house of composition (All legislative powers herein granted shall be vested in a Congress of the United States which shall, consist of a Senate and House of Representatives.)[11].

   The authors of the Constitution were the first legislative right out in the constitution, is motivated by the following considerations: hope to establish a "rule of law rather than rule by the government."[12]

   In the primitive society, people in the natural law of life, follow the natural law of the jungle. Later the feudal aristocracy, or treatment regime not bring more benefits, the pursuit of human heaven life desire can not be met, because the world is non rational ruler. After Platon's pursuit of the king of philosophy rationality failed, human beings can step back and the pursuit of legal practice rationality, in order to realize the pursuit of human values through the practice of law can be expected. "Federal Constitution" the first legislative rights listed in the constitution it is out of this consideration, hope that through rational legal practice security value of universal human pursuit -- "we hold these truths to be self-evident: that all men are created equal, that they are endowed by their Creator if dry unalienable rights, including the right to life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, and the government just power, is produced by the consent of the governed. That whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government; its foundation is the principle, organizing its powers in such form, to make people believe that the only way to the most likely to effect their safety and happiness. In order to be prudent, form of government, should not be due to a slight and transient causes be changed. All the past experience has shown, any suffering, as long as it is tolerable, mankind are more disposed to suffer, while to right themselves by abolishing the government they are accustomed. However, when chasing the same goal a series of breach of privilege and usurpations occur, evinces a design to the population under despotism, it is their right, also have the obligation to overthrow the government, and to provide new Guards for their future security "[13]

   "Federal Constitution" of the provisions of article second of the administrative provisions. Second the provisions of the first paragraph of administrative power to the president of the United States of America (The executive power shall be vested in a President of the United States of America.)[14].

   In administrative terms, does not use the word "authorization", which is convenient for the president in special circumstances to make decisive decisions based on without constraint. This privilege is "not required by law" and "what is sometimes and law instead of" public interests and to exercise.[15]But while "the president has the power to in the absence of laws and regulations, to ensure national security and measures. In case of emergency, can even take legal measures against, but must take is the court to revoke, impeachment, or political risk of failure."[16]

   America founding president for so many years, the abuse of this privilege examples can be counted on one's fingers, only Nixon in order to eavesdropping opponent conversation in the opponent's office for a bug, but finally Nixon had to step down as a result of the incident. USA president did not abuse the privilege, because the legal foundation USA government is an autonomous Protestant groups, their common belief Protestantism, in the name of God is not contrary to the will of God they engaged in a variety of activities. The inauguration ceremony of the president of the America includes a hand "Bible" on the main swear, loyal to the country to American people. Importantly, USA implement the principle of separation of powers, to give the court of great power.

   "Federal Constitution" is the third judicial clause. Specified in the first paragraph of article third: the judicial power of the United States is a Supreme Court and Congress may from time to time ordered to set up a lower court. The Supreme Court and lower court judges, if loyal, should continue to serve, and to accept as a reward for their services shall, during his continuance in office, this shall not cut (The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.)[17].

    The constitutional provisions on judicial powers and the judge, there is a characteristic, judicial independent. This is the common pursuit of the value of human society. Human as an animal, political, divine complex, is irrational in most of the time, "there are a lot of differences between human and other animal, some are intellectual, some are emotional. One of the main differences, emotional, is some desire and animal human different, is boundless, and can not be completely satisfied"[18], "in the human desire, first is the desire for power and glory to"[19]. It is the irrational human lust for power LED, or non rationality causes the lust for power, to hand over part of power group members about the abuse of power, only rely on rational state laws and independent judges. Because only make rational state law in order to safeguard human well-being. While the rationality of law practice, the premise is the independence of the legal practice of independence and justice, namely the independence of the judiciary, judges are not affected by the third party interference. So after the "Federal Constitution" in full consideration of the pursuit of human rights protection and guarantee of the desire, make the independence of the judiciary decision. And the judicial independence, full protection of each individual without no expected laws and regulations or policies or a powerful officials. The universal human pursuit is nothing more than a can have a peaceful home, a good law and order of the society, an individual rights are fully protected against unwarranted infringement of state power.

   As a Christian Protestant "Americans are keen on the implementation and maintenance of freedom, human rights, democratic values and institutions, seems to be secular values and social system, but actually originated in the Protestant values and religious reform, embodies the Protestant faith. And the Protestant doctrine together these values, which has lasted for 200 years America type values and social system, America constitutes the essence of the state and society."

America type is the development of human society is the direction of any democratic society, a society, should be the common interests of mankind into consideration, common interests of human freedom, equality, rights are unalienable rights to life, the pursuit of happiness, rights, development rights.

   We look forward to the human can find the way home -- where, where is the home.[20]The end of this paper a poem.

   Oh, everything!

   And you, the earth and the light!

   You three-in-one, eternal promise,

   At all, giving and loving.

   It took me tightly in your ribbon never separated.

   I you overflow,

   Follow you traveled abroad,

   Now, I have full access to life,

   With you, and return home with the joy of the gods.[21]

   The length limit, meager knowledge, unable to speak.