Read "the constitution of the United States" notes

In American founding history, have three copies of the document is great, this is the "Declaration of independence", "articles of Confederation" and "Federal Constitution". In 1776 second session of the "World Conference", the British thirteen colonies in North America jointly issued the "Declaration of independence", so as to be free and independent states. "Declaration of independence" put forward American ideal, began her independence. In November 15, 1777, by the Delaware representative John Dickinson is responsible for the drafting of the "confederation and perpetual union clause" is passed, this paper identifies the USA, began her joint. 1787 "Federal Constitution" is the ideal into reality, so that the thirteen have their own constitution and the government's political entity into a complete solid state. However, in 1787 the hot summer, few people have found it necessary to formulate the constitution. For these savage continent country bumpkin, especially those who would rather be Hicks to free people, the president, the government, capital is not important. The most important is the "Declaration of independence" announced that idea: that all men are created equal, that they are endowed by their Creator with certain unalienable rights, including the right to life, liberty and the pursuit of freedom and happiness. That to secure these rights, governments are instituted among them human. Government rights requires the consent of the governed to produce. Any form of government becomes destructive of these ends, the right of the people to alter or to abolish it, and to establish a new government.

Start the "articles of Confederation" is American revolution period of the product, natural exist obvious transitional, on many key issues is Equivocation, even what is connected "the United States of America" and the title the sovereign state of the union or highly autonomous region are not clearly explained and discussed. "Provision" provides that: "each state retains its sovereignty, freedom and independence, and keep the articles of Confederation did not expressly granted all the power of the Congress of the United States, jurisdiction and the right of." [1] in its internal affairs under the central government. The Confederacy no separate administrative departments, there is no separate judicial departments, it only Congress that only government organs. "Articles of Confederation" awarded the congressional power is limited. According to the "Regulations" provisions, Congress has the power to declare war, peace, contracting, coalition, borrowing, mint, recruitment, have the right to development of foreign relations, sent ambassadors, solve the interstate dispute, the establishment of postal system of weights and measures, regulations and set up the court accept certain cases. Some important powers, such as the foreign, financial and military power, must be approved by the nine states agreed to exercise. [2] is very clear, the Confederacy has the insurmountable weakness, namely it is not only the lack of a strong central government institutions and the necessary political functions, economic functions also lack effective. This may be consistent with those liberal and hate bullies right peasant mind, but difficult to continue, to defend the country's territorial integrity and sovereignty, change America international status, must establish a truly united nation.

In 1787 May, revised the "articles of Confederation" conference was held in philadelphia. In our today's point of view, this meeting is loose and slack. The original May 14th meeting has been delayed to 25 days, only 29 delegates from seven nations attended the meeting, just more than half of the thirteen states. Since then have a representative arrives, there are people out, which lasted until August 6th, the last one of the delegates -- from Maryland to Shanshan to Mercer, a few days later, he left the meeting gone for ever. The delegates left [3] to the national future and national interests, but also to the state interests and personal point of view, launched a great debate delay for a long time be inextricably involved, so that the lips gun heated dispute venue as the smoke of the battlefield. After four months, is also in 1787 September 17th, after the last small modifications, attended the constitutional convention delegates decided on their two days before the completion of the constitution of the United States "draft" witness. Dr. Benjamin Franklin, the 81 year old made the final persuasion before signing, his speech is full of emotion, wisdom, righteousness and true, but there are still represents prestige position play a decisive role in three refused to sign. Behind them, there are huge interest groups, there are many supporters, also has a representative suitable principle human universal faith for support. The Convention for striking one snag after another, several times almost forming almost aborted. The constitution of the proponents and opponents are is the founder of the United States and the federal constitution. Their thoughts are integrated into America founding spirit and the spirit of the legislation. It is because of the absorption of the two positive and negative opinions, which go through untold hardships after 569 votes to formulate constitution became a most can reflect the constitutional and republic spirit of the constitution. 39 delegates to testify in the signature probably unexpected, the constitution was not only used to more than two hundred years later, the more important is to create the world's most developed countries.

With the promulgation and implementation of the Constitution in 1787, American from a loose confederation has become a unified federal state. The provisions of the constitution USA federalism, and established the federal higher than state principle. On the federal central authority, constitution lists. According to the constitution, the federal government has a supplementary legislative power, military power, diplomacy, taxation and borrowing debt right, right to trade currency, legislative power, legislative power, the legislative power to measure traffic, domestication legislative power, some civil legislation, some criminal legislation and federal system outside the territory of the legislative power etc.. Because the Constitution gives the federal government the power to the federal government, become the central government, America truly unified country, promoted the rapid development of formation and economic unity of the domestic market.
The Constitution establishes the principle of the Republic, principle of legal system and the sovereignty of the people, to prevent the lifelong system and the hereditary system provides the legal guarantee America debut in, and to establish the legal form of the republic. It stipulates: "the United States shall guarantee the federal states in a republican form of government." [4] also provides that: "states shall not grant any title of nobility. In the United States as a duty or who benefit from credit position, without the consent of the Congress, not from any king, prince or foreign accept any gift of any kind, salary, office or rank." [5] in order to guarantee the Republic, the constitution embodies the thought of people's sovereign right to a certain extent, founded the democratically elected president of business and legal principle. According to the constitution, the president is the commander in chief of state, heads of government and the armed forces, a term of four years. The president by the voters elected indirectly, by the voters elected the state's presidential electors, the election in the state assembly, elected president. And the provisions in the performance of duties, the president to swear an oath of allegiance to the constitution, is responsible to the people. "All the civilian president, vice president and the United States because of treason, bribery or other felony or misdemeanor impeached and convicted, shall be removed from office." [6] of these regulations, to prevent the breach of privilege of officials, to ensure the continuity and stability of political rule plays a very important role.

The Constitution establishes the principle of decentralization and balance, has laid a legal foundation America political democracy, ensure the America political stability. According to the bourgeois decentralization theory, "the legislative, administrative and judicial power in the same hands, whether it is a person, a few people or many people, whether hereditary, self appointed or elected, may justly be pronounced tyranny." [7] to prevent the abuse of government power, emergence of tyranny, the constitution has established three legislative, administrative and judicial departments in the central government, the three Department of equality and independence, and the provisions of the legislative power belongs to the Congress, the executive power belongs to the judicial power of the president, federal courts at all levels.

In fact, decentralization is not the goal, but is only a means, is to limit the power of government to the means through decentralization. If the three right separation, is not restricted, it still can not prevent the abuse of power, is likely to Congress, the president or the court tyranny autocratic despotism. Therefore, the separation of the three powers is not absolute, but must make the three department is discrete, independent, and contact and restrict each other, in order to maintain balance. So, in the protection of the separation of the three powers and independence at the same time, the Constitution also provides that the provisions of the three departments of many checks and balances. The provisions of the constitution, the federal legislative power belongs to the congress. Congress has the power to levy taxes, planning defence and public welfare, has the power to declare war, conscription, contracting, management business at home and abroad, to coin money, the patent right, the establishment of standards of weights and measures and opened up the Post Road Post Office, security and authors and inventors, have the right to impeach the president, government officials and federal judge. Congress is a legislative body, but its laws must be signed by the president to take effect. The federal executive power to the president. With consent of the Senate, the president has the power to make treaties, has the right to appoint the administrative department officials, ambassadors and judges of the Supreme Court, have the right to approve or veto laws passed by the congress. The laws of Congress if it is vetoed by the president, ginseng, house of representatives only to 2/3 by majority vote, the president's veto will not take effect. The president has the right to freely engage in defensive war, rebellion. Have the right to destroy any sentenced to federal law person (except for impeachment) or conditional pardon. The judicial power of the lower court Federal Supreme Court and Congress to ordain and establish. The Supreme Court has the judicial review power, the highest judicial authority, to interpret the Constitution and all other laws and treaties of power. If it believes that a law, a state constitution or a treaty violation of the constitution, can be declared invalid. Court judge nominated by the president, subject to Senate approval is appointed by the president. As loyal to their duties, serving life. [8] according to the provisions of the constitution, the president can limit congressional activities, in turn, Congress can also limit the powers of the president, even have the right to the impeachment and trial of the president. The Supreme Court can limit the Congress and the president's decision power, President and Senate in appointing supreme judge, can also restrict the judge plays. This legislation, administrative and judicial three authority restriction and balance function, can prevent the dictatorship, and guarantee the bourgeois democracy in a certain extent.

The principle of separation of powers and checks and balances are the essence of America constitution. Its implementation, although also have some problems, but the gist of the principle of limited government, is very fruitful. It restricts the individual or a group of power over expansion, a barrier is set to arbitrary political generation. On behalf of the 1787 convention in Philadelphia in the tax one's ingenuity, between the legislative, administrative, judicial departments, both the design chain buckle, and design of the firewall, the pursuit of freedom of Americans never put the United States into a dictatorship, they are granted to the government the right at the same time, fully take into account the limits and supervision of its rights, so that the government the right not to endanger the public welfare of individual freedom. The constitution will right is divided into several units, to the separation of the institutions and people to exercise, and the mutual restriction, in order to achieve balance, to prevent despotism and tyranny.

The basic content and the essence of USA constitution is human rights. The constitution has highlighted the human rights, certain people's right to life, liberty and the pursuit of happiness. To American constitution as a symbol, the human history entered the constitutional era. The numerous rulers of the law is used to control the common people, and American constitution emphasizes that the protection of people's power, to restrict and regulate the power of the ruler, the rulers and the general public really are equal before the law. [9] this is the major change in the history of human civilization from the Middle Ages to modernity. The constitution is the embodiment of the American political pursuit of rationality, in order to achieve such a rational politics and the good life, the delegates created a new set of principles and specific mechanisms, including: the people's sovereignty, limited government, public welfare arrangements, Republic and contact with these rights federalism, separation of powers and checks and balances, the bill of rights system. These principles and mechanism together constitute the core of the constitution. It is not only the European Constitutional Thought and creative practice of the inherit and develop, is summarized and innovation of American constitutional thought and practice; it is not only American changes from small to large variable system based strong from weak, and through the test of history and the long-term survival and lay a solid foundation for the constitution. [10][11]

Since 1787, happened to turn the world upside down change in the world, and American constitution can remain unchanged. Because of simple constitution, no empty boast, able to establish beyond all dispute authority and effectiveness; is the general constitution wording concise, leave plenty of room for interpretation and revision, to keep pace with the times of legitimate self perfection.

In 1787 USA the framers neither write statecraft great, nor the blueprint of building development. In addition to the use and understanding of political and legal vocabulary is limited, they also do not have what political theory, ideal and belief, more do not talk to look far ahead from a high plane and rare gifts and bold strategy. Look loose discipline they developed the world's first modern constitution, it is really a miracle. These simple real people in a time of compromise and concessions, with a pragmatic attitude on their principles to develop such a promising constitution, through more than two hundred years is still the fundamental criterion America social and legal. Easy to say, this a few word Americans bottom line only "the right to life, liberty and the pursuit of happiness right", even if developed, but such content: no law establishing religious or prohibiting the free exercise thereof; or abridging the freedom of speech and publication; or abridging the people peace rallies, dissatisfaction to the government the petition, the freedom of expression and redress. However, such a simple word, but it is their lifeline. In their opinion, if the basic rights of constitution cannot guarantee the citizens, and they would rather not constitutional, nor what the United States of america. Therefore, the simple things is not simple; and it is simple, is the truth. Attached to the "Federal Constitution" after the "Civil Rights Act" stipulates the rights that belong to each citizen, "wind, rain can enter, the king can not enter" of "house" may not worth mentioning, may obscure, but with it, as individual citizens have a sense of security. They may also have under the protection of the law, to really enjoy the "Declaration of independence" announced "life, liberty and the pursuit of happiness" rights.

We should be glad that the constitution of the "Founding Fathers", but is "the continent". Because they are not what "culture", also does not have what "theory", rather than their culture of British compatriots and theoretical French friends to do better. Of course, we should be glad they didn't what culture and theory, is very sensitive to basic human rights and civil rights and persistent. Otherwise, there is no guarantee, beloved Washington office will not become a dictator.

Here, we should mention is regarded as "more than fifty Convention on behalf of the father", these gentlemen seems to have no what when the "father" of honor, America government and people nor to be grateful for them, to pay large sums of money. On the contrary, known as the "father of the constitution USA" Madison on the debt, Lang Dong is out of pocket participants, they are just as a citizen and representative of the obligations. After the meeting, representatives Each pursues his onward journey. break up in an uproar, no one considered to get a position in the government, or even a dozen representatives of the new federal government officials refused to. There are several business failure fate.

Two hundred years past, all participate in the constitutional convention delegates are long gone, but the "Federal Constitution" as their collective political will, but gets more and more powerful and more profound, it even becomes USA society second "Bible". The rapid development and catch up from behind America depends on the constitution of the power, the constitution will continue to be America Yuejin guarantee.

Reference.
[1][2][4][5][6][8] America house Law Revision Counsel Bureau. American law, constitutional law and administrative law China volume [M]. Beijing: Social Science Press, 1993
[3] Yi Zhongtian. Hard to [M]. Ji'nan: Shandong Pictorial Publishing House, 2004
[7] [America] Alexander Hamilton. The Federalist Papers [M]. Beijing: the Commercial Press, 1980
[9] Jia Yali of American constitution spirit and value of [J]. of the Shaanxi Institute of socialism, 2005, 04:35-37
[10] Yang Pengfei. On the 1787 Constitution USA [J]. Journal of Qinghai Normal University, 2001, 02:51-54
[11] Yang Pengfei. Development America constitution and USA Journal [J]. Qinghai Normal University, 2006, 01:70-73