The original: Du
labor democracy network
Abstract: War of independence and American States set off wave of democracy, the public to actively participate in the urban and rural labor, a threat to the rule of the bourgeoisie.The bourgeoisie is eager to through the formulation of a new constitution to transformation of the central and local democracy, democracy on the property to remove the threat of.The implement principle American constitutional separation of powers and checks and balances, is on the principle of the sovereignty of the people's Revolution: decentralization, is the people's power should be entirely separate; balance, is the supreme will of the people or the power balance.When the people to protect themselves against the oppression against the exercise of property or capital sovereignty, its power will be divided by because of constraints, that cannot achieve the purpose.A constituent assembly carrying people to develop the constitution, then made a surprise attack, in most people do not understand even opposed the constitution.The seemingly contradictory "strong government" and "weak government" in the constitution could get along swimmingly with each other, the bourgeoisie rogue nature.Parliamentary constitutional monarchy role should not be overestimated, no contrast between the social class power and tension which can permanently constrained.Set the constitutional, genocide, "new liberalism" in one of the Pinochet model, is American constitutional thought in the development and innovation of twentieth Century is the most significant.
to America constitution America democracy as the pillar of government, has always been regarded as a democratic system.
plays America chief justice of the Supreme Court had an important role in the American constitutional movement John Marshall's constitution to reflect the principle of sovereignty, has made the following classical evaluation: "(USA) government directly from people, in the name of the people lay up,......The federal government is a government of the people, in form and in essence, it is from the people.Its authority from the people, to exercise directly in the interests of the people......It is the national government; its power from the National Commission; it represents the people, and for all the work."[1] later Lincoln's famous "of the people, by the people,", is regarded as the best generalization of America democracy.
now if someone asserts, originally developed American constitution to bold expression "stop democracy" [2], or America constitution principle is "so it should form a government, minority to the wealthy people are protected, no violations by the majority people" [3], people will resolutely.But surprisingly, the remarks were respectively from the father "and" the constitution USA Alexander Hamilton and James Madison port.If that is the case?Well, that's the thing.Determine the nature of USA constitution, Hamilton and Madison must be the most qualified.If so, then we should study on the re USA constitution.The constitutional movement enabler is what social group?What is the reason and purpose of the Constitution?The Constitution can be worked out?What is the core content of the Constitution?The constitution is how to?Only in this way, we can understand why Hamilton Madison called the Constitution and anti democratic.A
, constitution of the motivation: lift the Democratic threat to wealth (a coexistence)
contemporary capitalism and democracy and stability, so that the world thought that capitalism and democracy are the innate.In fact.Private ownership of property and
democracy contradiction, contradiction of society, the rich minority and majority of poor social long-standing, has been difficult to.[4] as everyone knows, as early as two thousand years ago, when "the concept of democracy" was born in the ancient Greece, Aristotle in his famous work "politics" in a clear expression of fear of Democracy: the bourgeois democracy means people's rule, is the majority of the poor of the minority rule the rich.Since then, the bourgeois democracy is always regard Great scourges.The capitalist private
system from internal initiation of medieval society grows, the bourgeoisie has inherited the traditional middle class of democracy.People usually use the first capitalist revolution of England Revolution called bourgeois "democratic revolution", this is no reason.Against the autocratic monarchy, does not necessarily mean that support people's democracy.In
in enclosure movement formed the British bourgeoisie, when two opponents: the first one is against the enclosure of the farmers; second is the autocratic monarchy, the king hand to capitalists chaos to collect taxes, on the other hand, do not actively cooperate with the capitalist farmers plunder, lead to the capitalists.In order to plunder the farmer, to uniform king; in order to subdue king, first to the farmers.This is the bourgeois reckon without one's host.The bourgeoisie -- or by the bourgeois exclusive parliament -- assumed a posture to coax and plead for the people, rely on the support of farmers, overthrew king.The overthrow of king, farmers -- equality made the Democratic requirements: get the right to vote, to share the power of parliament.The bourgeoisie is firmly opposed to maintain their own electoral privileges.Both independent -- Cromwell and levellers dispute -- in 1847, the Putney debates known.Finally, Cromwell will struggle to complete suppression of equal ended.The bourgeoisie against the autocratic monarchy, but against the people's democracy, its goal is established by the parliament oligarchy monopoly, this is the essence of the English revolution.After two hundred years, the bourgeoisie with its parliament oligarchic tyranny, plunder peasant [5], press workers, the achievements of the first modern capitalist society.The working class and other laboring people gained the right to vote, after that or charter movement after the Long Parliament reform to achieve.
(two) American hostile to democratic rule, at the beginning of the founding of the class is not.[6]
after the war of independence to form the democratic tide, the first time in modern history that political rights extended to most consumers, or that may be.The democratic tide threatened states rich gentlemen property rights, they want to through a new constitution to remove this threat so anxious: "revolution
elimination of the British government to suppress, so the old colonial farmers, liabilities and squatters on traders, investors and big land owners discontent re combustion again, some states underclass using the new democracy, the bourgeois felt very panic, the conference participants wanted to establish a government, not only to control commercial, and repay debts, but to prevent inflation, insist on the implementation of the law and put a stop to a class of Shays rebellion."The [7]
revolution America was an agricultural country, most of the residents for small farmers, farmers and city people is the main force of anti British movement and war.[8]
the upper ruling class consists of the big landlords, merchants, bankers, the plantation owners, owners, entrepreneurs and other manufacturing, these "language is rich in dress, manners, and education and mass distinct.Before the revolution between loyalists federalism with later in contempt for people "and the upper social ties a pulse to the point [9].These are the growth of the bourgeoisie, although there is no formal aristocratic identity, but still with an aristocratic itself, double identity this is similar to the British ruling class had aristocratic and bourgeois.
wealthy gentlemen to public contempt -- obscurantism -- at the same time, extreme fear -- the mob, the people out of the political system, has always been the goal is for them, but, in order to get rid of the British rulers, they have to take with the people.Should people to fight for, and people do not go one's own way and the risk of its rule; as long as the war of independence, not social revolution.This balance is very difficult to control in practice.
anti British struggle since the 1760's the rise, rise, the populace within or outside the parliament in parliament, broke out in amazing.[10] is the first mass anti British Movement broke out, the "Declaration of independence" was published, then states began to formulate the Constitution (state), the formation of a new government, people actively involved in this reform.Compared with the past, the right to vote in the state have been considerable broadening.[11] the state constitution mostly follow the legislative idea of supreme legislative body, living in a dominant position in the new regime:
"of the first state, and not the many revolutionary leader admired 'balance' or 'hybrid'.In the external form, the new government structure is like the old colonial government, but the balance of power has changed fundamentally.Almost all jobs, including Supreme Court position, are generated by direct or indirect elections and.The power of the governor was almost canceled.According to the original design, one of the new Senate is restricted in a legislative body in people's Hospital, but in fact, by the voters elected senator neither colonial parliament as big powers, nor as high prestige.In the States, become the ultimate power is people's HospitalThe house of Commons and the house of Commons --, the election of the voters."[12]
and the confiscation of Loyalist property, abolished primogeniture and other measures, the distribution of more may prompt the property widely, and further enhance the strength of the people.
wealthy gentlemen is against British extort excessive taxes and levies, but if the whole society to change by civilians to rule, the more they.They fear the new parliamentary reform and public movement combination, form a threat to its interests, undermine the rule of democracy.
in Pennsylvania state, the power of the people is.Early in the 1774 war of independence has not erupted, Philadelphia (capital of Pennsylvania) rich ancient vino Maurice -- 1787 federal constitution draft people -- began to worry about people's anti British movement:
"general......Start using their mind and reason.These poor poor crawler!In their view, this is a spring all morning, they struggled to exuviate carapace of winter, all bathed in sunshine, I assure you, when noon came before, they must be ground his teeth and bite.......Then, the aristocracy had to die in one's bed."[13] in the bourgeois also to nobles themselves, openly slandered the masses of the people is homely food, unlike later assets this behind the scenes will be admitted.
Maurice worry soon became.From British rule after a radical in Pennsylvania to prevail, originally from the rich eastern coastal area exclusive inland farmers get the right to vote.The 1776 constitution further stipulates that, where the man had a head tax that have the right to vote, the right to be elected MP nor property restrictions, which has close to universal suffrage.The conservative opposition by the Chief Executive (i.e. the monarch), Senate (i.e., the Lords house (house of Commons), namely, the Commons) constitute the so-called "mixed polity", advocated "in American, people had only one grade, so......They should only have one representative "[14] government, therefore should have" popular government -- sometimes referred to as a democratic government, or the government of the Republic of "[15].The new government finally abandoned a bicameral legislature, changed into a unicameral (Georgia as well), and do not set a governor, administrative responsibility by a committee, the Committee elected the chairman, and supervised by another committee.The new constitution is called "a group of conservative ignorance and bear mob politics" [16].A conservative poet has used the following poem to express the people's discontent:
"night lie down or masons and carpenters, morning body has become to Kagushi and."[17]
farmers and other common people also believe that freedom and property related, but the understanding and the rich for freedom and different.The farmers think that economic independence and autonomy is the prerequisite of human freedom, [18] which requires everyone has the right amount of property, or the property if concentrated into the hands of a few, will make the majority of people has no property to become their vassal.[19] must make the property is widely distributed, appear to avoid polarization between the rich and the poor situation, to ensure a free society.Individual small private owners to prevent private use have been rich for democracy the weapons were looting of their property, avoid to fall into proletarians and lose freedom.This concept is even written into the Constitution in Pennsylvania [20]:
"awarded a few individuals to most dangerous property on the rights of the people together, to human happiness is harmful, so each state has the power to according to their own laws to stop this property."[21], the property rights restriction is a prerequisite to the protection of civilian property.In the eyes of the rich, democracy is its freedom and property threats, and the common people in the eyes, democracy is its freedom and property security.
these ideas and not just stay on the paper.Out of the war is a consistent tradition of the rich: "during the period of the war of independence between the rich and the poor, America conflict and struggle once suppressed recurring.Eric Foner said that the war was' a colonial one part person access to the huge profits and the other part of the people life very difficult times.'"[22] was the Pennsylvania rich is no exception, they encouraged people to go to the front to fight the bloodshed, while they are in the rear drive up prices made its fortune.People will not recognize their bloodshed is to allow traders to raise prices to extract from them more water.1778 Pennsylvania Council enacted Limited act (other states have similar practices), the next year they set up a special committee to deal with the big businessman.Little difference between this and the 1793 Paris without sans culotte approach: "in
has profound class, ethnic and religious divisions of pennsylvania......We have established a 'with the dictatorship of the proletariat' most similar system USA has ever been......During the war, Pennsylvania Council spent in plundering the Tories, pressing profiteers and persecution of blunt opposition aspects of energy, rather than spending in support of the above more revolutionary."[23]
millionaire Robert Morris (not mentioned Guvina Morris, but is also an important figure in the later Convention) were confiscated in his boat flour with a strong protest: "do not allow a person according to what he himself, he recognized his own all the property for the right conditions according to the reality, contrary to the principles of freedom."[24] another Penn said in a letter to Jefferson said: "if you are in this state, you will curse it.The government's supporters are no noble character of workers."[25] millionaire James Wilson (as opposed to control prices and Pennsylvania in 1776 the radical constitution, then the members of the constitutional convention of the house) is a conservative stronghold, in 1779 October, the radical and conservative parties even in the outbreak of armed conflict in the fierce.
Penn was not.In Mali, Lanzhou, after the rulers to Pennsylvania, similar constitutional democratic constitution that ultimately failed to get through.But fear of happened of civil unrest, the authorities still made concessions, legislation increased the taxes for the wealthy, allowing the debtor to repay the debt with money (the following will see the effects of this kind of practice will become more prominent in the day).Millionaire Charles Carol explains: "a lot of smart people bow to injustice, succumbed to the epidemic of heresy and delusion, that, as it cannot be helped."[26]
in Virginia, the new constitution, the radical famous Richard Henry Lee believes that because of the house of Representatives on behalf of the people is strong, although "there's a new government in the state governor, a legislative body (referring to the Senate -- cited note), but there is still a heavy democratic means" [27].In this regard, the Conservatives is another kind of attitude, in 1776 Landon Carter expressed his dissatisfaction to Washington in a letter: "I just told you a definition of independent I hear: people expect to set up a government, not by the rich innervation, everyone can do whatever they want."[28]
1775 years in South Carolina in March, the then governor, made the following description of the situation:
"propertied people finally began to experience people's bull power.So far, numerous living beings have been good to let people use, its huge quantity and occasional riots to support the American colonies demanded backing.Now they have discovered and important in their own strength, no longer easily pushed around by former leaders."[29]
in North Carolina, some people had the following words expressed the desire for Democracy: "you must strain every nerve, to establish a in North Carolina's power of free government, one must be hundred-percent, is a democratic government as much as possible......In determining the fundamental principle of government, you must oppose each partial noble, or by rich and people master, used to oppress the poor."[30]
of Massachusetts is one thing.In 1774, the Boston without sans culotte -- workers and artisans city civilian up off the British ruler.The old regime collapsed, the collapse of the old order, what is the replace sb.?There is no sans culotte world, or bourgeois fortress?[31]1775 years, John Adams exclaimed, "even the wind so popular" [32], "this idea -- property not God as the divine, once accepted by the society......Chaos and tyranny begins "[33].In 1776, the Massachusetts conservative another important character Elbridge Gerry (later the Convention on behalf of) the same complaint: "in many parts of the colonies have been alarming signs, in some people's minds, the private property of the divine consciousness is weak."[34] this case, Adams worried: "if Democrats share some legislative power, that means they are dominant or dominant in the legislature,......They will vote to rob you of your property."[35]
never let the radical will temporarily democracy to further consolidate the results for system indulgence.But the overall Chinese numbers, direct confrontation and can't, rich lords had to rack sth., using "superb wrist" [36], restored order.Radical had drafted a constitution, but was refused."Through the ingenious collusion, 'rich and talented' noble foiled this plan, replaced by a step by step for the camp to ensure that property rights and privileges system."[37] in parliament, established a constitutional convention, "rich and talented" bourgeois using delaying tactics and all sorts of tricks, in 1780 passed the new constitution drafted by Adams.The bourgeois succeed: "the constitution of 1780 is a lawyer and businessman regulations.The aim is to......Protection of property without democracy......Attack.[38] Massachusetts Constitution became the Federal Constitution model.[39][40]
(three)
after the war, the democracy of capital the threat has not disappeared, the Confederation period again.During [41]1785-1786, USA farmers would generally fall into the debt crisis (state situation, some may have been so).The reason and process of formation of the debt crisis, the author also not in detail, but the debt burden is heavy is the fact that does not dispute.Probably when states farmers mostly rely on debt to stay in business, and this is a serious phenomenon of deflation, the farmer wants to obtain enough coins to repayment is very difficult.Farmers -- the debtor does not feel that he is behoove bankruptcy for debts but after fight a bloody battle won independence, they have asked the legislature to permit the moratorium, even to issue paper money, with money to pay off the debts (if was heavily in debt, so inflation can cause devaluation and debt turned into a good thing).This naturally move to the rich -- creditors against, they may not want to change the original contract, in exchange for a pile of already or will be devalued currency.But the farmers under the pressure, there are seven States issued notes (as mentioned above, early in the war, Lanzhou's parliament passed the bill to the debtor).In Rhode Island, the complete control of the parliament.The state by using land as collateral loans to farmers the money to pay off the debts, and forcing creditors to accept at face value the money.If the creditor debtor refuses to accept, the paper money storing to the judge that the debt.[42] rich people are naturally complained unbearable.As an important part of the contract right of property it was contempt of state council."The [43]
property is no guarantee how much ah" [44]!Rich people complained, "the people cannot be united for life and liberty, they can only for the protection of property and combined with" [45].
John Marshall later called it is the movement of paper currency contributed to constitutional movement [46]:
"(the state of each other) change of debtor and creditor relationship power, interference with contract rights, touched all the people's interests, and controlled every one in his thought can handle things behavior; this power was abuse by States to such an extent, that interfere with normal social contacts, and destroy all the people to people.This mistake was so serious, so amazing, not only destroy the business, threatening the existence of credit, but also a violation of the people's moral, destruction of private credit dignity.To prevent the spread of evil......We hope that substantial benefit from the reform of the government."[47]
rich people said: "the wandering enthusiasm across all classes have inspired us in 1774 and 1775 to freedom of choice, and now the same enthusiasm and prompted us to support the government."[48]
since the war of independence before the formation of the wave of democracy, the wealthy gentlemen so far could not endure.In the States, the strength of the masses is quite powerful, Parliament on contract indiscriminate intervention, greatly damage their property and interests, they are basically is hard to resist.While in the Confederacy, as has no right to interfere in state affairs, also cannot provide protection for their.The wealthy gentlemen eager to build a strong central government, top-down control states "crazy democracy".[49] is not to safeguard democracy, but out of fear of democracy, have resulted in a new constitution
: "American constitutional movement is not a democratic revolution and anti British system results, democracy strongly instead of."[50]
conservatives urged, "we need from democracy was saved" [51]!
now people accustomed to the Confederacy period as pitch-dark "critical period" or "chaos" [52], thanks to a founding father of a country has enacted the constitution, the establishment of a new federal, saved the whole.But the father of the constitution Madison does not think so: "
(constitutional conference -- cited note) is not due to the insufficient directly to achieve their goal is produced naturally by the national situation and influence", contrary to other "mainly because of a serious disaster", namely "state law change......These laws are unjust It is often seen., and be completely bared there and then......I believe, I can safely say, abuse from this area more contributed to the Convention and made extensive prepared for those worried about the overall reform."[53]
(four)
at this time, in Massachusetts events are so rich a gentleman.The front has been pointed out that, during the war, the conservative easily in Massachusetts, to control the situation, establish a conducive to their own constitution.The State Council bonds in order to repay the state issued during the war (this is the rich own), to the farmer tax as high as 1/3 of their income.In addition, farmers also bears a heavy private debt.If the insolvent, farmers had to mortgage and to choose between.Farmers have petitioned for issuing notes: "unless the issuing notes or make other media, so that we can pay taxes and debts" [54], otherwise there will be half the farmers bankrupt.The State House of representatives under pressure has made the issue of paper money, but by the Senate's veto.By the autumn of 1786, a farmer with "a desperate debtor" led by Daniel Shays [56] [55] riots, requirements issued paper money and reorganization of the senate.[57] legislature lack of repression of the armed forces, and even the Confederation also has no standing army, in the face of Massachusetts for help incapable of action.Fortunately, the rioters and not by "a Kaiser or Cromwell to lead the" [58].Rich people rush from organized an army, and with the schemes and intrigues, finally "reluctantly" will riot down.
"Shays rebellion did not last long, but conservatives are too frightened, then support the development of USA."Completely unmasked [59] Confederation weaknesses in this event.Rich people determined to get rid of the weak and feeble Confederation, the establishment of a strong central government to ensure its safety, and at the same time deprived state Democratic power.General Henry Knox expressed states rich people common concerns and requirements in a letter: "
in Washington......See that the government of cowardice......They decided to use their powers to save their own poverty.Their credo is: 'the United States property are all together from the British people to regain, so it must be our common property.Against this doctrine is the enemy of equality and justice, must be removed from the ground. 'In short, they decided to cancel the public debt, and has a variety of land law, the law is very easy to use those not ready and in any case is legal tender notes to achieve.......This terrible situation has been a threat to the new England every principle, has the property of the people.......How to avoid the lawless violence?Our government must strengthen, change or reform, in order to protect our lives and property......We must have a special stable government."[60]
Sheth uprising and its failure, may hand weakened the power of the people and the will, on the other hand, the rich are riot shocked at the same time, with the suppression of success, began to make efforts to promote the new constitution.
(five) in addition to stop the legislature for property damage, there are several factors make the rich lords of the Confederacy discontent, this simply.
war period, the Continental Congress and the states have issued a variety of a large number of forms.According to 1789 statistics, to repay the debt principal and interest totaling $Liuqianyuwan.The Confederate oneself does not have the right to collect taxes, fiscal dependence on State bonds, even the interest is difficult to repay.Bond market so to par value 1/6 or 1/20.Lower class life difficult for already sell securities, bonds are at a very low price into the rich and the speculators hands.After the establishment of the Commonwealth, bonds even bring interest be repaid, bond holders at least than in the Confederation period increased more than a $forty million fortune, it was only 3000000 of the America is not a small number.A bicycle has the right to collect taxes central government debt is obviously good for the group.[61] bond group called the movement of the "power of power" [62].Cincinnati is composed of officers with aristocratic political groups, but also the bond group.A French agency said that, because the member "Cincinnati is the public's creditors, so interested in" [63] on the establishment of a strong central government.Cincinnati will be played no small role in the system of the Constitution Movement, 55 representatives attended the constitutional convention in 27 is a member.[64]
during the war, American manufacturing industry has just started, the urgent need for the government to support and protect against the British commercial competition.Have no say in the international trade union is unable to meet their demands.Commercial and shipping group is facing similar problems.While in the western land speculators also needs the support of the central government.
front has been detailed introduced currency -- creditor group, and bond group, manufacturing group, shipping and trade group, namely the agricultural, industrial and commercial, and financial capitalists group (USA historian Charles Beard will this four group referred to as the "real estate group"), strong demand to deprive states democracy, abandoned the Confederacy, to establish a central authority to protect their.Two,
constitution making process in accordance with the "articles of Confederation"
regulations amendment, constitutional procedure is: first, the parliament, and then by the state council.But the rich are distressed, they in Congress and state legislatures are lack of enough strength to reach the purpose of in accordance with legal procedures, because the people were not so hate status.Therefore, they had to create a constitutional Road, should try to avoid the participation of the people, but also does not lose its legitimacy in form.In this regard, their wisdom is not devoid of, after all the propertied class for thousands of years of history has been ruled that they have accumulated enough experience.
1786 year in September, Virginia state parliament invited states in Annapolis for meeting business problems, only five states participating.Apparently the constitution makers can't pass this conference to achieve their goals, but in the end Hamilton and Madison urged the adoption of a resolution, the new requirements to convene a meeting to amend the articles of confederation.Soon after, I was frightened by the violence fusion, stepping up its campaign to meeting held.In 1787 February the State Council finally decided, invited representatives in 1787 May from Philadelphia, modified -- but not the formulation of a new constitution for the articles of confederation.
so rich they try to make their representatives to attend the.On the other hand, "because of the masses of negligence, ignorance and indifference, but also because of the State Council believe themselves to be approved by the authority to exercise the right to decide the final, enthusiastic activists will greatly benefit".[65] later Penn anti constitutional Fapai is said to represent the state of no representative, is full of Philadelphia millionaire, not a representative of farmers.During the period of [66] independence movement famous activists were unable to attend the meeting, Samuel Adams of Massachusetts not elected as representative; Virginia, Patrick Henry ("live free or die" saying that comes out of their mouth) is elected, but he already suspected the motive, and therefore refused to attend; Thomas Paine is ready to return to the uk.The control of Congress from Rhode Island, simply opposed to send representatives to the meeting.In this regard, Rhode Island, the creditor can only disappointed.
we have pointed out that the main several kinds of "property" the group's interest in the Confederation period can not be guaranteed 55, attend the meeting, group and most of these.According to Beard's statistics, no less than 40 people hold bonds on behalf of the 55's (24 of them in the amount of $5000 or more); the group of not less than 24 persons; the slave group and at least 15 people; land speculators are not less than 14; industrial and commercial shipping and at least 11 people.But delegates were lawyers, and to automatically produce concentrated in coastal city."The majority of delegates, at least 5/6, for they have direct personal interests in Philadelphia to results, and both had the Constitution by more or less to obtain economic benefits."[67]
for a long time, people believed in constitutional supporters, Hamilton and Benjamin Franklin are two exceptions, because of personal interests and the constitution they by no what big stakes.But later people found that it is not true.
Hamilton negative integrity ministers, but the constitution approved as the new government's fiscal period, he was accused of helping friends and relatives for securities speculation (which played an important role in the constitutional convention including Robert Morris.Later historians have found in the literature that was not make groundless accusations of these charges.[68] and Franklin, shortly after the end of the meeting, he wrote in a letter: "I
these bonds fell value, but I hope and trust, once our new constitution established, they will get.I loan capital to three thousand pounds worth of coins, and made some bonds, provisions of interest at six per cent, but I haven't got the interest.Now if I sold per pound of principal, but not sold to three shillings four pence, worth only 1/6 of the original price."During the [69]
convention, Franklin had been opposed to the new constitution, but in the end will vote, but he attitude of mutation, instead advocating the acceptance.This mutation and has a large number of bonds, we can make nothing of it.
of course, for "the pursuit of personal interests", also should not be too narrow.The delegates have common "interest and emotion and their property and experience the same people" (Madison language), their personal interests and class interests is difficult to clearly separate, they maintain their own interests often is to safeguard the interests of the capitalist class.In turn, by safeguarding the common interests of the class can better protect their personal interests.The study
Beard angered many.Historian Foster MacDonald said, "any man in an attempt to according to the main or only according to the delegates to represent economic interests to rewrite the" constitution "America birth history, will find the fact is an impassable barrier".However, "Robert McGuire and Robert Aus fit to use when Macdonald against Beard when using the data, re evaluation of the evidence.They concluded that: Beard's explanation was actually right, delegates to the constitutional convention in Philadelphia, on the basis of voting is economic self-interest".[70]As mentioned before, the propertied class hatred of democracy has been incapable of further increase, the delegates on the Convention as a propertied class members of the core [71], certainly do not want to let the outside world know the purpose of the meeting and the process, in order to prevent the external influence on the meeting.The first measure taken by the conference is strictly prohibited, open to the public, not allow anyone to reveal meeting news to the outside world in any way, or even no debate record meeting.Today, people often regard the constitution was divine, but as the delegates from the point of view, the constitution is nothing but a monkey business.Fortunately, Madison had been at the meeting made a secret recording, and published in his death, so that people can understand the specific situation of the conference.
having done all this, representatives of Congress and the state legislature granted them the only power limited to modify the articles of Confederation ignore people, to make a new decision for USA constitution, thus became a constitutional conference.No dozens of people what the representative, to decide "we America people" of the future, this is tantamount to a coup.[72] if the framers had publicly stated their intentions, whether the meeting will be held is unknown.Later in the ultra vires the meeting to answer accusations, Madison said to strictly abide by the provisions of existing laws, will "make 'To abolish or change the government, which is most likely to achieve their safety and happiness' (see the "Declaration of independence" -- cited note) the people's most noble rights exist."[73] but we will see below, the delegates in the name of revolution or reform act, it is through the establishment of a new constitution, the design of a conservative system, to prevent future people through the reform and defend their own interests -- is also damage the vested interest of their.Means of revolution, is conservative.The fire is good, poor lighting is evil.
solves the above problems, the formulation of the constitution delegates formally started.Usually people think that there are serious differences between representatives, after a fierce struggle, to reach a compromise.However, in the maintenance of property and restrict the Democratic aspect, the most representative is not too many differences, so that they have no what argument.The lengthy debate, mostly occurs in the aspect of state representation and regime details etc..To analyze the core
below we content, but also representatives rarely occur substantive differences.Three, active power property
Constitution -- to protect and support the bourgeois gives the federal government with great power.
as mentioned before, the States "crazy democracy" to make the rich gentlemen suffered from it, the delegates expressed a great.On the first day of the conference, Virginia governor Edmund Randolph said: "on behalf of their main risk our from (state) provisions on democratic constitution, I regarded as a motto is allow all doubt, by the exercise of governmental authority will devour the other departments."[74] then he said: "the United States of the drawbacks of the origin......Who believe in democracy wild."[75] representative Elbridge Gerry said: "we have the disadvantages, are due to excessive democracy."The typical view of [76] these statements is the delegates at the conference, as the father of the constitution of Hamilton and Madison is not to mention.
therefore, must first be the legislature power at the federal, the state can't.Specific performance when the legislature of infringement of property rights is by delaying repayment and issuing notes to interfere in contract.The tenth section of the first article of the constitution, with a top-down ban deprived state assembly against property and contract authority: "any state
are:......To coin money; notes; any articles for gold and silver as the repayment of a debt by currency......Retroactive law impairing the obligation of contracts, or previous law "(quoted in this constitution, all from Li Daokui's version, Li Daokui:" USA government and American politics ", Beijing: the Commercial Press, 1999).
this clause, especially after the two content, other than with constitution is not lacking, in this view, a little.But at the time, the ban has [77] great practical significance, because of a ban in fact deprived the debtor through legislation to protect themselves from the plunder of the right.
"not important to know the tenth section of the first article meaning, will not be able to review the history of that time," [78] Marshall on evaluation.Marshall on the "historical" description, the front has been quoted, no longer restatement.
Hamilton said: "people in the more liberal opinion, this (that is tenth) in the Constitution not be of little one.The State Council on private contract interfere in the wild, has made many people suffer and be serious curse; if the Constitution provides for a safeguard, will be warmly received by the people."[79]
Wilson on the tenth section of the first article lamented: "unfortunate experience at a high price to educate us, these restrictions have how precious."[80]
South Carolina representative William David use simple words to express his views: "this provision is the best in terms of the constitution......I think this is a make the constitution become the favorite constitution."[81]
, Lanzhou's Luther Martin is one of the few against the provisions of the representative, the reason is: "
often have this time, the society has undergone a major disaster and the lack of coins, and the government to their most useful to protect citizen, not to pursue a interference through legal means,, all or part of the cessation of the court's decision, or allow the sinking fund, or in accordance with the fair price will transfer the property to.At that time, all States and many state and must adopt such legislation, in order to prevent the rich creditors and rich people consume all the poor even diligent debtor."[82] Martin was opposed to strictly fulfill the contract creditors for the origin from the people, he finally did not sign the constitution.
through the tenth section of the first article, democracy to the property the most direct threat was lifted.
Shays rebellion lesson the delegates did not forget, the federal will have the right to organize the standing army, "to execute the laws of the union, to suppress the rebellion" (the eighth section of the first article), or "should be state parliament or State Commissioner requests put down civil strife" (paragraph fourth eighth.For at that time by armed themselves from British rulers USA people, a people from the Chang Beijun is for the liberty of the citizen threat.Paragraph eighth of the first
states: "Congress shall have the power to collect taxes, tariffs and: rules, input tax and taxes, to pay the debts, to provide the United States common defence and public."
bond group here has been the desire in the.Not only that, the interests of the rich are more favored.Since the first paragraph second direct taxes shall be allocated according to state population proportion, so that the direct tax burden not to have more wealth of the rich man.Until 1894, American Congress first passed through the income tax act, but the Supreme Court (the highest court are discussed in detail later in the new deal in vivo role with the income tax is a direct tax) as an excuse for the overturn.And until 1913, by the sixteenth amendment to the constitution, this situation could change.
so, tax sources will have to rely on indirect taxes and tariffs, so the burden eventually fell on the majority of ordinary people shoulder.The use of tax robbing the poor to benefit the rich is the general means for countries to support development of capitalism, the bourgeois is the only government for its service to its tax.
even so, the delegates was not steadfast, again in sixth stressed: "all of this constitution entered into before all the debts and obligations for implementation of the constitution, with the United States as the times."On this clause is only one representative of dissent.The federal government was established, Hamilton faithfully fulfilled the promise of speculators.
eighth section of the first article also states: "Congress shall have the power to control states: with foreign countries, and with the Indian tribes."Tax clause this clause and the front has been mentioned above, the federal government has the ability to be able to take measures to promote the economic development.Eighteenth Century is the age of mercantilism, not superstition free trade doctrine."Federalist Papers" authors: "a government will take care of the comprehensive and common interests, the combine forces, to management".[83] Hamilton knows, as an industrial developed countries, "to make America success in the competition, obviously, his government's intervention and help is indispensable" [84].Later, Hamilton in the "report on manufactures", expounds the basic principle of trade protection policies, to provide the necessary "for the government intervention and help" rise of capitalism and laid a theoretical foundation.Hamilton did not forget, business is war, relying on economic means is not up to your own purpose.The army and Navy strong federal building will be indispensable America capitalist growth guarantee.Today, the American Empire, early in the day of its birth, we can see its embryonic form in Hamilton's works.
above enumerated constitutional federal power, but also can be said to be positive.These powers are used to protect their interests, no one can be used to direct infringement or limit property.This is the rich people "from the polity reform obtained significant benefits".
but the Constitution did not explicitly included in the "inviolability of private property" clause in the constitution, only fifth rights in the later act: "without due process of law, no person shall be deprived of life, liberty or property without compensation; right, private property shall not be."But it is more like a "confiscation" problem in terms of.Is it right? Framers like today China "constitutionalism" researchers think that "the inviolability of private property" is a self-evident truth, therefore does not need to be stressed in the Constitution?I'm afraid this justified.Perhaps another possibility."Declaration of independence" listed in "self-evident" human rights "life, liberty and the pursuit of happiness", without property rights.At the time American the smallholder dominated society, many people think that the threat to the human's freedom and happiness, in addition to the autocratic monarchy, that person has too much property (in front of the Pennsylvania history we have detailed talked about).The researchers may therefore also can not be stressed too much property.I haven't been sure what an interpretation is more reasonable, but the "sacred" clause not written into the constitution will certainly make today Chinese "constitutionalism" chagrin.
however, power in the federal with huge, new dangers and produce.The power is used to protect the property, but also can be used to infringe upon property.The bourgeois reckon without one's host is: power is only active in the protection of property, in violation of the property is negative.So what kind of power can only protect property and do not infringe the property?Of course it was Britain's rich oligarch parliamentary powers -- pure capital -- the tyranny.As mentioned before, set the nobility and the bourgeois British rule in group A, first in the 1640's Revolution -- farmers rely on equal strength --, cut off the autocratic monarch's head, and then return kindness with ingratitude evil for good will equal thoroughness, repression, and finally through the glorious revolution and the king reached a compromise or alliance.By the nobility -- parliamentary constitutional monarchy capitalist monopoly, not only to prevent the king's play the gangster, and enable the poor to power off at the edges, i.e. to tame the "tyrant", and to suppress the "mob".In this way, can fully guarantee the safety of assets, the power also lost the positive and negative, can let the bourgeoisie do as one pleases.[85]
Hamilton's appreciation of British rule, unfortunately, let America restored to the British state has been impossible, USA people have too much power, want them all back to power again rich people, they will never agree.In this way, the federal authority with the State Council, and ultimately can only come from the people.Delegates to the establishment of the federal state of democracy is to stop infringement of property, and now has the same federal and state power source, the federal becomes a more extensive democracy.Then what is the way out?How can we make the federal democracy will only protect property, but not against property in the future, so as to avoid the state Democratic mistakes?Or, how can we ensure the Federal Democratic in the protection of property is active in the infringement of property is negative?Or, how can we do that only the rich have the positive power and negative power, people only?
regime was significant only for democratic reform people ruled the inherent, weaken its original against property nature, can we do this.This transformation of democracy is have no predecessors innovation, let us have a look the delegates are how to accomplish this innovation.
four, negative power -- stop democracy of threats to the property (a)
as everyone knows, Hamilton, Madison and John Jay three people, "Federalist" spirit of constitutional principle is the best.The author firstly based on the "Federalist Papers" to analyze the anti democratic nature of the constitution.
in "essays" in the tenth part, Madison elaborated the authors of political philosophy:
"people can be varied, so there are property rights, this diversity to reach agreement, no less than a can not be ruled out.The protection of these talents, is the primary objective of the government.Because of various kinds of protection for property of different talents, will immediately produce a variety of different degree of possession; and due to the impact of all this on the property of all human feelings and opinions, so that the society is divided into different interest groups and parties......Cause a most universal and lasting reason, is various and unequal distribution of property.The haves and the have nots in society will form different interest groups.The creditor and the debtor has the same difference.Land ownership group, manufacturing group, the merchant group, financial group and many smaller groups in civilized countries will form, and divide them into different classes, governed by different feelings and opinions.The management of this variety and incompatible interests, is the main task of modern legislation."[86]
Madison's speech by Marx, the founders of Marxism summed up in one sentence: "the material interests of the class struggle" based on [87].
"in different classes of citizens are bound to exist in different.If the majority of people united by a common interest, the rights of the minority will not guarantee.""This is the main drawback" democracy or Republic of [88] [89]: the majority of the minority "tyranny".
how "Republic has retained, defects can be reduced or avoided."
aiming at the disadvantages of major ", we want to explore the topic is, maintenance of public and private rights from the political risk, while keeping the public government spirit and form" [90], that is to say is to retain the majority rule, but also the minority interests is not affected by the majority.In this way, can guarantee "by these means, the advantages of Republic retained, defects can be reduced or avoided".
then, the agreement on the "majority" and "minority" is whatAlthough the front has pointed out that the "haves" and "have nots", but the "corpus" is published works, the authors may not have made more clear expression, so as not to provoke unnecessary trouble.However, the authors opinion in other places is enough to make us understand the meaning of the majority and minority.
in a constitutional convention, Hamilton said: "all the society into a minority and majority.The minority rich and well born scholar, the majority include the masses......Should make the minority class enjoy special permanent position in politics.They can stop the majority of class a......Because they can't change benefit."[91] for those who belong to the majority of the masses of the people, Hamilton is that "people!-- people is a big beast "," I do not have what contact with the broad masses of people, also do not want to falsely feign win their support "[92].
Madison and Hamilton agree: "general life difficult and prayer life happiness can make more equal distribution......The number, will be more than one with poor insulation.According to the principle of equal voting, the regime will fall into the hands of a."[93]
Madison during a meeting with the following words spelled out his concerns about the future: "in the future, most people will not land property, but also without any form of property.They will unite in the common influence,; in such a combination, property rights and civil liberties will not remain safe in their hands."[94]
this into "Communist Manifesto" in the word is: "the whole society will increasingly split into direct confrontation between the two class -- the bourgeoisie and the proletariat."
therefore, "so it should form a government, minority to the wealthy people are protected, no violations by the majority people".
so great, Madison "to explore the topic is", to "keep people's spirit and form", but also to avoid the majority poor or the infringement of minority the rich or the bourgeois interests, of course, not to mention to deprive them of their property; or, to smoke to democracy essentially, retaining only the forms of democracy, so democracy into a harmless form of property.This problem but at least since the age of Aristotle let the rich old man headache."Most of the
must have the same emotion or interest......Unable to unite in a concerted effort to achieve damage conspiracy "[96]," so that all the majority of people must be combined if impossible, is extremely unlikely to "[97].
carefully after the delegates design, they found a way, in order to "at the federal level and appropriate structure......Get remedy a republic, "the most common [98] to cure ills of Republican government."Through these means, the advantages of Republic retained, defects can be reduced or avoided".[99]
this democracy or Republic "remedy", "which means," the Democratic left "form" and "range" and "structure", what is?(two)
we talk about "".
Hamilton know, the ancient Greek democracy or Republic of the small city not in favor of this country, reform of property, which is to "big" generation ""."The Republic" than "Republic", federal than states, "civil jurisdiction over more and more territory......The smaller the possibility of society, composed of different parties and interest groups less, find the same party majority is more; and most people less and less, the scope of the smaller, the more likely they are to combine to execute their plans, oppressed people".But the federal "expanding, can include more types of parties and interest groups; most of all in the common motive to invade other civil rights is less likely; in other words, even if there is such a common motivation, all has the feeling person is difficult to form their own strength, and consistent with each other to take" [100] action.
facts have proved that: "on the bill, to cancel the debt, the average distribution of property, or to any other inappropriate or evil purpose desire, easier one throughout the federal members, and not easy to spread throughout the."Another advantage of [101]
"range" is obviously enlarged: "issued by the people's representative of the public voice, than people for meetings and to put forward opinions are more in line with the interests of the public" [102].The State Council because the distance people closer, influence is susceptible to mood, on behalf of the federal government and Congress is far from the people, the people to exert influence or pressure to them is much more difficult.
in a word, the government more power away from the people, the heart is more.(three) to have a look "structure".
only range is not enough, when the interests of most breakthrough consistent range block and combined, on a few threats and the formation of.Would have to make the most of this combined to release its power through government agencies.This need to redesign the government authority, "only a solid structure to prevent a manifestation of" democratic [103].Then the delegates design power structure is based on the principle of what?
democracy means that all power belongs to the people, although the authors also admitted that "people" the legitimate source of power is only [104], but they never want people to become power only and the owner of the real.Democratic ways to limit is in the power structure design, implement the principle of separation and balance, let the people's sovereignty principle specious.If
power concentrated in a sector (as some state legislatures), or different departments of power sources are the same (e.g., all directly elected by the voters), power is single, so most people when interests unite power, power will immediately be all of them master, they will use the power to safeguard their own interests, or against the wealthy.The principle of democracy is reflected in the.To avoid this situation, clever the founders' intent is the decentralization of power to several different departments, each department has only a part of the power, the power source of each department also each are not identical, [105] each departments of power will be to contain other departments.In this way, even if the interests combined the majority, they can immediately grasp is only an individual department the authority, when they want to carry out their intentions, several other are not under his control department will resist, so that it can not achieve the hazard a few rich objective, so that the majority of people rule cannot be realized.The principle of separation and restriction of the power.Division, is the people's power should be entirely separate; balance, is the supreme will of the people or the power balance.The separation of powers and checks and balances principle, actually denied the people's sovereignty principle.
people usually think that the separation of the three powers, checks and balances of this set is against the tyranny of democracy.If this is used against Charlie I or Louis sixteen, that is OK, but when there is no risk USA monarchy dictatorship.In contrast, for the person risk mainly comes from the people, from the democratic.This principle is mainly used to deal with people, need the object to balance is the power of the people, for the people's sovereignty is the reactionary.In this regard, John Acton praised: "the principles of separation of powers is the most effective for democracy has been designed to limit."[106]
(four) to have a look the following the principle of separation of powers and checks and balances is how to implement the.
the will of the people or the majority of the strength of the first is focused on the legislative."Republican trend is at the expense of other departments to strengthen the legislature" [107], state legislature has the powerful rich people suffer, like Pennsylvania's unicameral parliament particularly cherish a deep-seated hatred for the rich.The separation of powers is the first from the legislature within:
"in a republic, legislation must dominate.To remedy this inconvenience method is the legislature divided into different units, permitted and used different methods of election and the action principle of different makes them in the common nature of action and a common dependence on the social aspects of each other as far as possible occurrence of contact."[108]
Congress is divided into two parts of the house of Representatives and the Senate, and only the congressman was elected directly by the people, and Senator from the State Council elected [109].Compared with the house of Representatives, elected by the legislature of the Senate must not have common interests and emotions with the people "".The will of the majority of the legislature was to obstruct and restrict the internal.
Hamilton stated that the "need to set up the" [110]:
"all the unicameral and numerous assemblies, easy impulse strong feelings about to burst, or tip the gang control, and through the excessive and harmful resolution, this was enough to prove that is necessary to place the senate."[111] or, "a perfect the organization of the senate......To prevent the people themselves due to an error and make false moves......Is necessary.......In some individual time dealing with public affairs, or to be some unfair feelings and illegal interests, or for some selfish too heavy people distort the cunning trick, people may also temporarily advocated some measures, it is very sorry and condemn.In this critical moment, if there was a steady respectable citizens. Some institutions to intervene, nip in the bud......Not very good?"[112]
if the reader think this explanation too much too obscure words, in John Adams's words: "stick out a mile to build a rich make freedom and property safe Senate, against the poor majority in the house of Representatives occupation."[113]
in addition, compared with the congressman election Senator not only in different ways, but the term is also different, for as long as possible, never like Rhodes island state senator as "term only half", so as to make more "featured senator and stable" [114].
administrative power, is a separation of powers and step, and the legislature and mutual.The legislative and presidential election, he elect by the voters, and then elected by electoral.So, the president and the people have no direct relation.But the presidential election is not completely like the framers had hoped for, here will not be analyzed.
most people will exclude these obstruct, will meet the last, perhaps a is the most powerful obstacles supreme -- has the right to judicial review."Important is the court to cancel the unconstitutional law action" [115] for most of democracy in these restrictions.Although the Constitution does not expressly stipulates that "the court has declared unconstitutional legislation due to invalid power" [116], but this is in conformity with the intent of the framers.In the 1803 Marbury v. Madison, John Marshall won the exercise of judicial review of the Supreme Court's power [117].Hamilton is to explain the role and principle of organization of the Supreme Court:
"in a republic, (court) is to limit the representative organs of ultra vires the best and pressure.......As the court shall be deemed to......The restriction of legislative protection of ultra vires, fixed position is very ample reason to judicial officials.Because in addition to this, there is no any other provisions to make the judge to keep its independence,......The independence of judges is an important factor to protect society from undesirable tendency of incidental effects,......Sometimes this kind of undesirable tendency only relates to an unfair or biased act harm to the individual people's rights.In this case, the judge determined not to eliminate and harm limit the bad law also plays a very important role in."[118]
in order to fully guarantee the "independence" and "fixed position", judges are appointed by the president, the Senate approved and appointed, no dereliction of duty to tenure.Any connection between this loss of judges and the people.Want to let these superior, away from the judicial aristocracy and the people have "common interests and emotional", the possibility is very small.[119] in this way, the Supreme Court of the so-called independence is the independence of the people.When the majority "makes the society minority suffered severe persecution" [120], when Congress or the state legislature passed the "harm" individual class people's rights "of the law, as in a majority of the poor offended when the wealthy vested interest, the court would have a vested interest in making side announced that most the law as unconstitutional and invalid.[121] "." the authors explained: "the Constitution and the law, with the constitution as compared, quasi; compared to people and their representatives, the will of the people shall prevail."[122] single literally that makes sense.But the problem here is that, the legislature is not always represent the will of the people, but the judges only from people's noble nature is more representative of the will of the people?This is actually a judicial aristocracy placed on the will of the people will.The constitution is a very flexible file, the power of interpretation of the Constitution and judicial review to the Supreme Court "according to the wishes of their own to create the federal government", the [123] that is to say, the Supreme Court became a legislator.[124] this is actually an excuse to prevent the majority of the minority tyranny, a few people to the tyranny of the majority.
judicial independence, judicial justice into a dictatorship.Judicial review system so that a property will overwhelm the will of the people, which deviates from the principle of the sovereignty of the people.The terms of the contract [125] mentioned before opposition in the constitution of the Luther Martin also opposed giving too much power to the Supreme court.He believes that the judges professional knowledge can not be higher than they have the legislative authority, the capital, and if the Justice Department to use the power of the support of the people against the law, arbitrary but will cause another form.[126]
Supreme Court this. If not, "the only solution is to change the constitution of most".The delegates had abandoned the "articles of Confederation" with the most convenient way, they don't want to let the future generations could easily change their masterpiece.To amend the constitution procedure is very complex, want to accomplish this task, not a patient is not a.The front we mentioned that the federal income tax law making process, when a judge commented, "this bill is the majority of the 60000000 people's army -- this immensely proud and be truculent and unreasonable -- new theory.They want to punish the rich, the confiscation of their property".[127] income tax law was declared unconstitutional, from 1895 to 1913, Congress and the State Council took 18 years to pass the sixteenth amendment to the constitution, the Supreme Court decision overturned.60000000 people want to get rid of a few (the Supreme Court a total of nine people, a simple majority decision) judicial aristocracy set in their chains could be so difficult.
then readers will find, to the voters or deputies to the strict property restrictions always tradition is all used to protect the property means, but not follow the constitution, how do you explain itIn fact, the delegates not think so, but at that time America states vary greatly, unified regulations to make national very difficult, finally meeting decided by the state according to the current provisions of their own to perform.In fact, probably in addition to outside of Pennsylvania, the state to vote made varying degrees of restrictions.The right to vote property restrictions are gradually lifted, from Jackson era began.Don't forget, until 1965, America finally abolish the right to vote poll tax limit.
above is the federal "structure".
federal power is distributed to different.Departments are not the same power source: only the house of representatives elected directly by the people; the Senate parliamentary elections by the state; the president by the electoral vote; the judge appointed Senate approval is nominated by the president.The term of office of
departments are not the same: Congressman, Senator for two years; six years, 1/3 presidential election every two years; four years; the lifetime.This is the
representatives of the Department for all government power design."Only a solid structure to prevent a manifestation of" democracy, the delegates to accomplish this task."Risk a year with the masses of the people round the Democratic Congress" [128] doesn't exist anymore.Bound in this structure, the power to threaten the property immediately becomes weak and feeble.A [129] that is the federal power negative, democracy becomes negative democracy.
in this structure, "voters is unlimited power in a limited range.He can make his choice of law, as long as the law does not encroach upon the property rights "[130].The Democrats became the limited democracy.
these design is that Madison and Hamilton are "to explore issues".Democracy "remedy" was found, the Federal Democratic won't like states democracy as "Crazy" and "excessive"The.After this a "remedial", democratic castrated negative democracy, limited democracy, form of democracy.In this regime, the rich, the bourgeois has positive power, and the poor, the only negative power.[131]
democratic threat to property which greatly weakened.America constitution "the universal suffrage in and cause it to" in Athens or Rome to destroy the basic conditions of different conditions, [132] this is the "American constitution of ancient and modern democracy typical valuable improvements".[133]
until nineteenth Century, European bourgeois also immersed in the extreme fear of democracy in.Alexis de Tockville's merit lies in the promotion America to European bourgeois democratic experience, to enable them to Taming democracy.American constitution of bourgeois politics contribution is link.
(five)
constitution established the property advantage position, then the democracy through restrictions to prevent the advantage position."Declaration of independence" advocated by the people "to abolish or change the government, the noble right most likely to achieve their safety and happiness" is greatly reduced in the new constitution.[134] was the Constitution's opponents are well aware of this revolutionary.Richard Henry Lee thinks, in this regime, the elected house just "a piece of broken cloth" [135] only; if by the constitution, will "give power conversion from the majority of the people to a few people", and when "once power from the majority of the people transferred to the hands of a few people, all change is extremely difficult; in in this case, as in favor of minority government, may be very cunning and clever to prevent any possible leads to change measures; so unless ordinary people make great efforts and a grim struggle.Nothing can change."[136]
Pennsylvania opposition that separation of powers and checks and balances of this set of exercise of power over people extremely unfavorable
: "a republican government or free government, distribution is only in people's body and property equal to be impartial to...In such a government, is the Supreme People, their views are all political action principle;......Only an organizing simple government can afford the highest responsibility, because the majority of the people do not always pay attention to the activities of the government, but also because of their lack of easily affected by the intelligence.If pass laws to plan very complex (i.e., power balance "), is not conducive to people's will power in the hands of.On the contrary, "if you take the Pennsylvania state constitution, the legislative powers to a body, short tenure, alternated with various provisions, the legislative process to avoid hasty, if people felt pity, they will not for who is the first offence, and take resolute and effective measures to remedy: they brush off in the next election."[137]
Philadelphia Yong Xian sent view is just the opposite: "the United States
power is divided into three parts, the majority of the citizens to learn, they become subject to a unicameral parliament, deeply.All the unitary system of government, regardless of their power in the hands of a person, or to a minority of people, or a people's organization, is the tyrant politics."[138]
two the divergence is obvious, make every attempt to reduce the impact of a people to the authority, another is to maintain the most easy to make the people's participation in the political regime; a everywhere maintains the vested interest, another is to make people have a right to improve the status of.
another point you must not.The delegates said they restricted democracy to protect property and freedom, in their mouth, property and freedom is indivisible.But in the draft constitution, only the rich property is protected, and the free right of citizen is a contemptuous disregard: "representatives of the civil liberties are not careful.On the contrary, the most active requirements of various main free but the opponents of the constitution, they demand freedom of religion, freedom of speech and of the press, the jury system, the proper legal procedures, and requirements for protection against 'unreasonable search and seizure.'.Because the Constitution does not guarantee inclusion in them, and later had to included in the 10 amendment of originally."[139] today, Hamilton's followers hyping the property is the guarantee of freedom, but Hamilton are the doings have rejected this point.In their eyes, only property is sacred and inviolate, civil liberties only when not threaten its property can be they accept.
more common is the desire to limit the delegates -- democracy, protection of property -- the.In addition, their differences are also obvious.The rich and the poor, the contradiction between the ruler and ruled, bourgeois and proletarians and the small propertied people, no doubt is the most important problem in the constituent assembly that need to be resolved, but the property between the ruling class will not be a monolithic whole, between.A fierce debate about state representative and representative way, in response to the north between industrial bourgeoisie and the Southern plantation slave class are being formed in the differences, Madison and others at the time has been very clear that the essence of the debate.The Constitution also has to coordinate the contradictions within the ruling class of the functions of the [140], this is not discussed.Five,
ratification of the Constitution (a)
constitution is completed, how to ensure that theThe constitution is used against democracy, is a representative of carrying people to produce, the delegates to the approval process can minimize the actual participation of the people, regardless of the quantity or extent, of course, have to keep the people approved appearance.Therefore, the delegates generally formulated the following strategy.
first, from the time of speaking, as far as possible to shorten the approval.The constitution was approved, people knew nothing; turn, still be so.Matters, should let people know about and debating long, wide of the constitution.But this is exactly what Yong Xian sent (they claim to the Federal Party or the Federalists, for his anti democratic face coated with a layer of defend common interests of the United States color.Thus, the opposition has become the anti Federalist separatist.Don't put one's private ends disguised as national interests, the bourgeois rule would be unable to maintain.)We are most unwilling to see, so they tried to shorten the approval time, to form a surprise attack, for quick, forcing people to accept the Constitution without the knowledge of the case.Because the time is hasty, which easily lead to: first, a large part of the people did not know the matter, there's no participation; secondly, even people in the know, also not fully understood; thirdly, to understand the truth of the opposition is to rush to fight, will affect the expansion and to the majority of the people; finally, the shift, already prepared Yong Xian sent to go to all lengths, occupy the advantage in the approved the motion, causing an established fact constitution was accepted.
second, approval from the way the conference, representatives through special.The delegates will constitution submitted to Congress, proposed by the state election special conference to ratify the constitution, but not in accordance with the procedures prescribed by law: the new constitution must be approved by the State Council.Yong Xian sent in the State Council did not take enough advantage, therefore must not be in the State Council action.In addition, the popular vote would better reflect public opinion, but compared with that by parliament, with greater risk, the more undesirable.So the delegates from the two passage way, proposed to Congress by the state election Congress for approval.Congress accepted this proposal.By adopting the way of approval, in addition to avoid the aforementioned concerns, but also facilitate Yong Xian sent concentrate on the election of delegates and make a final effort during the meeting.Yong Xian sent a very clear in theory, information, money, political experience and other advantages, more is at a small meeting, more conducive to play to these strengths.At the back we will see the approval of these strategies to the constitution is very favorable.
short time as far as possible, to minimize the participants, try to isolate people, this is the Yong Xian constitution and sent for approval by the.(two)
approval process started, the end splits into two pie [141]:
"all businessmen, lenders, the holders of the securities, manufacturing, shipping family, capitalists, financiers and occupation on the relationship between all stood on the constitutional side, and all or most of the farmers and the debtor no slaves stood opposition."[142]
Marshall has done such an analysis on two sides:
"finally in each state into two factions, clear boundaries and different.To refuse to be cowed or submit a zeal for public and private contract fulfillment.They think, a state or private credit is a sacred oath, the oath not the moral and sound policies and principles.They believed that personal hardship can remedy in thrift, and not with the lax laws or sacrifice the rights of others to release.Thus they advocate the judicial administration of normal and effective tax measures will enable States to fulfill their contract.With very few exceptions, they are in favor of expanding the powers of the federal government.......
another features.They see the debtor to an extreme pity mood, continue to remedy them to.According to their opinion, strictly perform contract for the people can not stand the harsh lines.They agreed to relax the judicial management, convenient payment or to extend the period, reduce tax.The same advice based on, they oppose the power in their hands over Congress all attempts at.In many states, this makes up a decisive majority, while in the States is also very powerful factions.In their fully occupy the advantage place, their ruling achievement is to issue paper money, delay the proceedings, deferred tax.In the country, this fight is regularly repeat."The general Knox [143]
front has been mentioned on the Massachusetts factions views in Washington in a letter:" the state
now have the three factions, their number is different, in wealth and talent respect each other very.The first school for the state of business and all the well-off people, priests and lawyers......The school agreed to form a powerful government; (second Pailve)......The third pie disorderly party and his followers, most of them advocate the abolition of public and private debt, and thus will not approve the new constitution."So is [144]
Madison's view: "the treaty, notes and the terms of the contract, than this system (constitution) reality and negative error together set up the enemy more."[145]
as for the opponents of the constitution, they are also very clear with Yongxian faction differences.Patrick Henry Virginia in the state approved the meeting said: "I believe it is true, that is a huge peasant masses are strongly opposed to the constitution.I can confidently say, in nineteen counties bordering each other, 9/10 people are sincerely opposed the constitution."[146]
Massachusetts wrote: "these violent opposition
will (i.e. the Federalists) attempt to all people blindly swallow (constitution) the sugar coated bitter.They include higher merchant, bond holders, millionaires, politicians, bankers and lawyers; these people and their minions, formed the elite group."[147]
an opposition that the researchers "by Cincinnati's aristocratic family, public security to master, wealthy and keen to office, bankers and lawyers, they experienced independent from aristocratic political coalition in training".[148]
farmers know the aim is trying to keep them out in the regime: "in the constitution, there is no democracy."[149]
"(constitution) try to impose an aristocratic republicanism in charming appearance in your head."[150]
"what is freedom?......(free) their power management.If you accept the constitution, you have this power?There is absolutely no."[151]
of the king and parliament centralized rule harm farmers did not forget, they so they had a war of independence.They sacrificed, not think over your head down the last strong central government.The peasants don't need a powerful country to protect themselves, because of rich and different, they themselves did not much property in need of protection.In the state legislature and a wrong they too much interference in Confederate government body, their self-protection is doing well, still as a pleasurable occupation.A superior central government, not to provide more protection for them, just increase the risk of the oppressed.Among other things, to increase their tax burden, at least, is no doubt.
"the least government is the best government", Thomas Paine said it was the opposition.History will really make fun of, this sentence today in capitalist mouth is repeated at most, when they are most opposed.Robert Nozick will be your highest ideals as "the minimal state", do not know whether they are willing to return to the era, and the Confederacy was compared, the smallest country to live up to one's name.
for approval in the movement of forces, Richard Henry Lee thinks, I sent and Yong Xian sent this "is not binding on both sides of the" [152], just society in a few extreme.Yong Xian sent early hostility to democracy, now in opposition to Shays sent under the guise of extreme behavior, the revised constitution deprived the people's rights.
except when participants in speech, the specific distribution of the descendants of the votes of the nature of the differences between the two sides also confirmed the
: "if you look at the voting situation, it will be found, mainly in the city against with farmers and rural, lawyers, bankers and business community."[153]
"ratified the constitutional movement is particularly concentrated in the commercial, manufacturing, bonds and real estate interests most advantageous area......Against the Constitution were almost all from agricultural areas and the debtor have been developed on the paper money or other depreciation plan areas where."[154]
"States Constitution in approval voting patterns, factors behind it seems to have economic self-interest plays an important role in.McGuire and, he found, in the rest of the economy under the same circumstances, a representative commercial interests are more likely to vote than other delegates approved the constitution, those in the west of owning land or with interests in banking and debt on behalf of, are also more likely to vote in favor of the approval of the constitution.However, those deep into personal debt represents is more likely to oppose the approval of constitution."[155]
in opposing factions, Yong Xian sent advantage is obviously.The fate of the Constitution in relation to their benefit, so they are dynamic.They have the advantage of resources, whether it is money, information and publicity and other aspects, and they prepared, the organization is strong, with the close, and go to all lengths.In the promotion strategy, Yong Xian sent about consciously to create an atmosphere of panic, claiming that if the Confederacy continues, the country will need to collapse, the society will be destroyed, only through the establishment of the Federal Constitution, in order to avoid this outcome.
opposition is completely.The first property qualification of large numbers of people not to vote.The Yong Xian sent the surprise attack, the opposition to be caught off guard, not rapid counterattack.The general public is because the news came, voting hasty and other reasons and keep out of the affair or unidentified truth.Sometimes even the natural factors can not stand in the opposition, such as farmers need in winter from remote areas to the city to vote.All this makes the opposition at a distinct disadvantage.An opposition
Mali Lanzhou Party of the state descriptions may be representative
: "'ordinary class' people of the constitution without.Congress ordered two thousand copies of the draft constitution published is too small, inadequate to distribute all over."Annapolis report" issued amount is very small, two Baltimore newspapers on the east coast area never see, last year the weather in winter make all newspapers are unable to reach there.In the state of twenty-five thousand voters, only six thousand participated in the election, and Baltimore, and other seven counties accounted for about four thousand of the ticket.The rich and rich in order to avoid losing his own claim, for the constitution.In some counties, the opposition has not put forward their own candidates."[156]
an opposition figure on the constitution from brewing, making to the voting process as follows:
summary "a unified system for the most secret and lacking power case are worked out.But without any prior notice, he suddenly by a constituent assembly for approval of Congress -- did not express any opinion, and submit it (state) parliament -- parliament has still to submit it to the people.The people of this state Congress or parliament did not help, have no time to study this problem, blindly to the newspapers to understand the situation, let the opposite writer divided them into two factions, and in such circumstances the state conferences of Representatives elected.These representatives to consider: whether they accept the Constitution -- including all defects therein, and put people in a system of government, they are now on the nature and the principle of this system is not understanding, comparing Copernicus's cosmic system know more."[157]
(three) but even in the face of such adverse conditions, the opposition will be almost Yong Xian sent to defeat.The five
initially approved the constitution state, Delaware, Georgia, Cone de G, New Jersey is one of the four small, only [158], in Pennsylvania, through the less admirable.[159] Pennsylvania Council Yong Xian sent received the notice, to immediately through elected representatives held a constitutional sanction decision, the opposition against haste, for blocking a vote on leave the seats, the vote was less than the statutory number.Yong Xian sent party and forced the opposition lawmakers twist to parliament, to make the State Council made on the approval of the conference representative election decision in five weeks.Opposition commented: "congress election so hasty, publicity and so is not enough, that some people until after the event has passed, also do not know this thing."Seventy thousand voters in [160] have the right to vote, only 13000 people participated in the vote.It seems the Pennsylvania farmers are not satisfied with the results, then the relationship between the federal government has not been well.Until 1794, Pennsylvania farmers opposed Hamilton's whiskey tax, also launched a rebellion.
approval in Massachusetts the meeting, a vote was predictive display rebel held.Opposition figures, the chairman of the meeting Hancock (notes sent by support) simply does not attend the meeting to make the meeting cannot be held.Yong Xian sent to Hancock promised that if the constitution through the support of its vice presidential candidate, then pull it to his side.[161] Samuel Adams is an important figure in the state opposition, Yong Xian sent to its supporters in Boston merchant shipbuilding workers that, after the adoption of the constitution would add to build new ships.So the workers to support the constitution, Samuel Adams may therefore be forced to bow.Having done all this, Yong Xian sent to narrowly win.Some historians to "support the constitution of the strategy and their career is not commensurate with the" [162], actually otherwise.
Mali, Lanzhou and South Carolina through struggle and approved.
New Hampshire February conference held in 1788, Yong Xian sent find themselves in the minority, they suggested.After meeting a work, meeting again in June, the Constitution by a majority of small through.
at this time, the constitution has obtained nine approval required, advantage to Yong Xian sent.Then Virginia, after a fierce debate, managed by the constitution.And in New York, was the opposition to occupy the absolute advantage, now It is all up with, but even so, Yong Xian sent only by a majority of three to win.
North Carolina refused.Controlled by the state of Rhode Island, is the only one directly by voters vote to decide the fate of the state constitution.The constitution was most refused.
after two states in the federal government has established, under pressure to finally joined the federal.Beard
according to statistics, was 3/4 of the adult man failed to attend.In 160000 people participated in the voting (even after losing the election qualifications property restrictions, this number may also not up to half the electorate.According to current practice, this alone can prove the ratification of the constitution of the lack of enough legitimacy), no more than 100000 people vote, that is no more than 1/6 of the total number of the adult men.If not by Congress, but voters vote directly words, opponents may have occupied the majority.[163]
was as Yong Xian sent and cut a striking figure John Marshall has admitted that this is true: "in some states, two is be well-matched in strength, so even after the discussion for a long time, it is hard to predict the fate of the constitution.In many states, in favor of the 'most' quantity is little, so people have every reason to believe that, if there is no effect, not the constitution.There is no doubt, in the States, the majority of people are against the constitution."[164]
these words of Marshall, another kind of constitution can be said to be the reference to the article at the beginning of his own view of the most powerful refuted.In summary, we can see the essence of American constitution and anti democratic.The constitution of the
objective, is to take the lift to the interests of the wealthy democratic.The process of drawing the constitution is not a democracy.The contents of the constitution is to limit the democratic.
the ratification of the Constitution can not be called democratic.
anyway, America constitutional movement, is nothing more than a bunch of "talented capitalist speculators", "successfully spoof ordinary people to accept a to favor a few dignitaries design regime".Six,
surface from the contradiction between the bourgeoisie rogue nature (a)
in today's mainstream bourgeois ideology, for some political philosophy principle respect appears to be unconditional and self-evident, for example: the idea of negative power, opposed to the positive power; advocate the negative freedom, positive freedom advocates laissez-faire, against; opposition to intervention; advocate of limited government, anti big government claims against the spontaneous, design.But in the analysis of the USA constitution, we found that the federal government is to strengthen the power side, but also be restricted power.Positive and negative.Two seemingly opposite tendency was fused to a constitution, this one contradiction to explain it?
actually, positive and negative, strong and weak, intervention and laissez-faire first just some abstract concept or logic, the concept is not equal to.Asset class does not exist for the concept, the survival principle only asset class is to make a profit (interest), only the profit principle is the supreme, is the absolute principle of unconditional.Other principles are for profit the absolute principle of service, just some minor principles, some relative principles, some certain conditions within the absolute principle.The bourgeoisie is not unconditional support any kind of abstract principles, in addition to profit.Under these conditions, a kind of theory is the most suitable for profit, he will be regarded as absolute truth; in another condition, he will be another theory as the supreme principle, although this may be opposite with the former on the surface.For example, two kinds of opposite nature power to coexistence contradiction America constitution surface display, its essence is only a few assets have positive power, while the majority of proles only negative power.[166]
from the view of formal logic contradictory concepts or transaction, may not be the case in life.
when the world's factory haven't established British Mercantilism, the trade protection -- extreme policies (i.e., design, big government intervention.When the establishment of this position, he advocated free trade the most extreme (i.e. laissez faire, spontaneous, small government, etc.).When the asset class with the exclusive parliament, he stressed that the authority of the state; when the working class to win the vote, he became increasingly opposed the country's persecution.In the early days after the founding of USA, bourgeois strongly advocates the establishment of a large government; the New Deal period, bourgeois and longing for small government, because the government has become somewhat constraint on the welfare state.
this one strong and one weak, one large and one small, all is for the sake of capital.
in nineteenth Century, American bourgeois support international intervention -- trade protection, against domestic intervention -- prevent contract.Or, he doesn't like international laissez-faire, but like domestic laissez-faire.He also has to intervention (International), and laissez faire (domestic), or that he neither intervention (domestic), also don't let (International).
when workers strike, if the court strikes the ban, the bourgeoisie will welcome this intervention, this positive.If the government to protect workers through labor legislation, he want power is negative, it opposed intervention.(130)
for labor legislation, the bourgeoisie is not against.The national labor relations act in 1935 through the strong pressure with the workers under the (Wagner Fa), they are more like labor relations law passed in 1947 (Taft Hartlifa), because the act of union made many restrictions and re awarded the President issued the ban power strike.All the USA
since Reagan government cuts to tax, rich, of people's welfare cuts, this is a typical laissez-faire.But on the other hand, they also engage in deficit policy, government and big companies -- military industrial complex-- cooperation to achieve the largest in history, it is also a typical intervention policy.Both Hayek and Freedman, on the other hand is Keynes.These seemingly contradictory unity of the approach is that: increasing the capital profit.
as in 2008 September after the financial tsunami struck, all walks of life is immediately set about capitalist thirty years of new liberalism in disregard "launched, to beg government" rescue.(two)
capitalists advocated negative freedom, against the state interference in private.From sixteenth Century to the late eighteenth Century but, they use the power of the country, away from its ancestral generations' dependence on land.Then the farmer negative freedom and the private sector did not get their respect.As in the private sector -- the factory (which is actually the public domain), capitalist practice is not only negative freedom, positive freedom to dismiss workers [167]: arbitrary, arbitrary employ child labor, arbitrary let workers work overtime, in short, is nothing more than a factory despot.
working class and other labor people gained the right to vote, mainly in late nineteenth Century.Prior to this, the bourgeoisie is not only a monopoly of the property, but also a monopoly of the state power, workers and other working people are excluded, allowing them to violence.In the centuries of history, through the national bourgeoisie continued violence, forced the living conditions of the working class to humans can withstand the pressure limit.Along with the rise of workers against the enhancement and the workers' movement, the bourgeois had to give up the political monopoly, and gradually to the workers vote.The loss of power monopoly bourgeoisie, turned to flaunt the freedom of contract, claiming that the state has no right to interfere in the labor contract, to improve the situation in order to prevent worker.[168]
first as a robber, and when the night watchman.This is the core content of bourgeois political philosophy.
Isaiah Berlin's thought, are widely capitalists defense.But Berlin thinks: "capitalists unrestricted free will do harm to the workers of the factory owners or free, unlimited freedom will let the children become parents for coal mine employment.Violations of the weak to defend itself against the strong."[169] Berlin thought in this regard is the China so-called liberal believers never mentioned.[170]
even like capitalism's most loyal apologist Friedrich von Hayek "libertarianism" paranoid, will not always stick to his "free order principle".The trade union, is a purely spontaneous things, not the results of the design, the working class after hundreds of years (if not hundreds of years of struggle to organize).It not only had the help of government, but have been persecuted by the government.But for such a spontaneous formation of things, but Hayek hated, free "principle" here is not applicable.
pursuit of self-interest is including Hayek, all liberal theory.But when the working class political party or by workers unions to protect their own interests, Hayek also accused them of this is a "common interest" in [171] "group of selfish" [172] behavior.Hayek and Margaret Thatcher sometimes plays the role of workers' rights defender role, such as in the repression of British unions at the same time, to support the Poland solidarity union.
as everyone knows, Hayek is anti democratic thought of Hamilton's successor, but unlike Hamilton, Hayek advocates is the extended order "spontaneous", against all human consciousness "".Hamilton advocated "government management", "intervention and help", "changing the course of nature" and so on, according to Hayek's logic, it is "the road to serfdom".But Facts speak louder than words., Hayek advocated capitalism "free" or "spontaneous" Civilization -- USA typical, it is Hamilton who the "design", instead of "spontaneous" results.USA history really had "design" and "spontaneous" road dispute, but advocates of free trade "spontaneous" not capitalists but slave owners, while the capitalists are designed school advocating trade protection "".Therefore both sides also conducted a civil war, "designed to send" victory led to the future America capitalist prosperity.
Hayek asserted, the Nazi system as a "bourgeois socialism" [173] is in Germany and power, is the inevitable result of Lester and Bismarck advocate trade protection -- state intervention -- the results, while Anglo American is unlike Germany, is always free Ren, refused to state intervention.As mentioned before, Lester's thought from Hamilton and Hamilton, and by the British Mercantilism, if such as Hayek said, and would have become the first German fascist state.
on this contradiction, Hayek did not know nothing at all, but deliberately, because for capitalism to design a complete self consistent with no chink in one's armour defense system, to make out a good case, on the facts and can only pick.For the historical facts, Hayek actually be crystal clear, once he had (accidentally?)Publicly endorsed this view: Hamilton's national policy intervention and laissez-faire just a "myth".[174]
back to the America constitution.The framers of the "tyranny of the majority" guts, but on the surface of still to play "under the guise of our USA people".After all, not too openly hostile to the people, especially when also need to use the people to gain profit in risk for them.Series of revolution from England to France from the revolution, the solidarity to the orange revolution, the bourgeoisie have practiced.
however, on the "tyranny of the majority", assets are not all.As everyone knows, Tocqueville's opposition to the "tyranny of the majority", but when he was in the majority of the minority, but no mercy.In 1848, during the French Revolution, the proletariat alone can not become the majority of the whole society, the social majority, or other social group to win the support of the assets outside of class, is a historical perspective.The bourgeoisie, rely on the urban petty bourgeoisie in the majority of support, in the minority proletarian massacre carried out.As the majority of Tocqueville, that dare to rebel against the proles, it should be "like a dog killed" [175].As mentioned before the civil war, Madison also is such.Rules, just to the others.
accused the "tyranny of the majority", "liberal" who are most willing to enumerate evidence is nazi.The Nazi "most" what people?It is not the capitalists, landlords, warlords, politicians led to lead the petty bourgeois to oppress workers hodgepodge?Arch-criminal this outrage is not the bourgeoisie?[176] now they take their leave cleanly, but to teach others.
to seek truth, have jumped from the positive and negative, strong and weak, intervention and laissez-faire Abstract debate out (the debate on substantive fuzzy class only for assets favorable), these abstract concepts or principles that are not exist, we should go back to Hamilton and Madison (under certain circumstances) and Marx and Engels.There is no conflict between concepts or principles of the world, the conflict between the only concrete of concrete material benefits.The intervention and intervention, the laissez faire is laissez faire, the free is free, the massacre slaughter, Hitler's lawyers and political science and Karl Schmidt to call a spade a spade, no wonder Hayek prostrate oneself in worship to him.[177]
"everything with time, place, conditions for the transfer" (Lenin language).In the different time, place, condition, profit principle is different, even opposite (contradiction) principle.These oppositions (contradiction) can unify the reason is that they are around the profits to exercise.Or the opposite (contradiction) can cause mutual transformation, only that they were both profit principle of different forms.All of these different abstract concepts or principles, are the bourgeoisie of the most conducive to their own interpretation, used to cover its exploitation, harm others act, confused sight for the victims, the dominant moral superiority in social conflict.These principles are sometimes has been strongly emphasized, so that it can make people believe, assets to these principles and survival, not for profit.
again for instance, bourgeois love itself on the protestant.However, only in the Protestant doctrines can promote capital accumulation when the asset is the pious.Weekly worship is a Christian duty, on a Sunday, the bourgeois Protestant just families go to church.If workers Christians to fulfill their obligations, will be banned as idle about assets.Until the middle of nineteenth Century, for hundreds of years, European and American countries of the capitalist world workers, mostly deprived the weekly rest day right, the weekly working time of eighty or ninety hours is common.How good!
bourgeois skillfully alternating even while using the opposite principle, always be in the right and self-confident speak with justice, will not have a guilty conscience.Rape, capitalism is the peak of the commodity economy, the bourgeoisie will also "evil" to play to the extreme.
(three)
Lu Xun said: "both ancient and modern, no certain theoretical ideas change, or no clues to find, and always took various factions of theories to make weapons, can be called."[178] for example, "see the greedy man inducements, see filled sympathy indignation, see with generous unlucky, but see generous but will be installed sorrow" [179]; "theory with Crewe Ba Jin mutual aid to help to quarrel, and people with Darwin's survival competition."[180]
as mentioned before, between asset class in different or opposite principles easily "tumbling" [181].To control the Lu Xun standard, only that the bourgeoisie is hundred-percent rogue.Rogue is the overall structure of the bourgeois nature important and inseparable part of.But the capitalists to more than one "rogue: 'eating white rice' friend has its honorable place, because to tell people he is straight and said, 'eat white rice!'"[182] capitalists and literary prostitute who is not so "straight down", their beauty as the "liberal".Full time part-time rogue rogue than.
"transformation" in the China, power, capital, labor and the three party and the bourgeoisie, the rogue nature for.Therefore, Hamilton Hayek was extremely popular in China.Relationship, capital and power alliance based, supplemented by capital contradiction, but a very: "and 'official' people before, people hug" [183].The odds of capital to labor, flicker, claimed to belong to "folk".Known as the "big society, small government" is "small government big capital" [184].Labor if not resign oneself to adversity, capital is no longer "folk", to cry "authorities" punish "the mob".He advocated democracy, suddenly wary of "Populism"; and plead for the people, and against the "tyranny of the majority"; "'the new enlightenment' and 'new conservative' collude with" [185], "from the sublime" and "sacrifice" worship Ming join hands.And "persimmon party" literary prostitute, somersaults, feel just like a fish in water, "or head in arms, or sitting in a capitalist legs, or a person, by the two wheel package 'night."[186]
(four) power, capital, labor and Chinese three party, where to go?
"persimmon party" shouted: "boss slaves!White collar and blue collar hard-earned hard-earned!We are good for you!The boss is like you by an officer of the oppressed.With the boss first put together an officer away, in a democratic constitutional system you can defend their own rights and interests!Only in a democratic constitutional system you can defend their rights and interests!"This is purely huyou.Rights and interests should immediately defend, which allow delay, otherwise it will never be able to defend!Solidarity tinkering is a lesson: for the use of capital driven, anti officer success be nowhere, capital credit.
then, as opposed to power and capital may doPossible, for example: the Russian Revolution
faced with similar situation China today, at present China power equivalent to the Tsar of russia.At that time, Munshi Vic and the Russian "persimmon party claims," revolution "bourgeois democratic revolution", labor should only anti czar didn't reverse capital.Lenin Trotsky thinks, labor should master the leadership of the democratic revolution, a anti Czar, a reverse capital, promote mutually, the two enemy all.So, after the overthrow of the tsar, would be the way to solve the capital.The revolutionary process such as Lenin Trotsky would eventually.The Russian Revolution in the early anti capital, and anti power, bureaucratic change is not inevitable, democratically planned economy is not possible (see my article "the Russian Revolution -- from the rise, fall to fall", "Hongkong" eighty-seventh, 88 fax).Seven,
system and "people" of the two class of taming Democracy: assets (a)
way with the ratification of the constitution, the people rich gentlemen.When "the fierce conflict between the majority" and "minority" again in American erupted, opposition parties have been turned into class and the North South industrial assets plantation slave owners.Then the day shouting against the tyranny of the majority, to maintain the freedom of minority is southern slaveholders spokesman John Calhoun.Face this situation, the late Madison did not continue to defend its maintenance minority liberal dogma, but firmly opposed to Calhoun.[187] finally in most of the north by a civil war forced the South succumbed to his.[188]
after the civil war, the rapid development of USA capitalism, which inevitably the working-class grow up.Madison's prophecy into reality, a no property instead of hands employed laborers class has gradually become the most common interest of society.At that time the legislative organs at all levels are under pressure to the working class the majority of established many laws, in order to improve its extreme working conditions and living conditions.When the delegates masterpiece into play, among which the most prominent is the Supreme court.For decades, the Supreme Court made a distorted interpretation of the Fourteenth Amendment to the constitution of [189], said the company belongs to the range of the protection act of "people", without due process, the legislature shall not interfere or deprive the company (people) and between workers of "freedom of contract".The trade unions, prohibition of child, prohibit real wage, maximum working hours, minimum wage, workers compensation, industrial safety and health and a series of today by the modern western society seems to be behoove legislation, are more than once by the Supreme Court to obstruct the freedom of contract as a pretext to overthrow.No property is not free, a none class, how can and a monopoly of all property class freely contract?A court has no legislative intervention in labor disputes, on the other hand they intervention, often issued the ban to prohibit the workers went on strike, although the constitution is no workers have no right or freedom to strike.The Supreme Court became the umbrella capitalists act recklessly and care for nobody squeezing workers by the capitalists, praise for "the dollar guardian, protection of private property, troublemaker enemy, the last hope of citizens".[190]
Supreme Court long-term extreme discrimination workers, favouring capitalist position.Roosevelt in 1933 after the new deal began, the main legislation almost completely rejected by the Supreme Court, the new deal is dead, the Supreme Court of the USA dictatorship.In 1936, American workers set off a "sit down" (strike and occupied the factory) wave is sweeping the country, by the spring of 1937 the potential.Until this point, see no concession will provoke a revolution, the Supreme Court had to be convergence.Since 1937 March, the Supreme Court in the decision that is protected by the constitution of freedom does not include the so-called "freedom of contract", many of the labour legislation.Because the Supreme Court attitude change is usually attributed to Roosevelt's court packing plan, in fact.[191]
a simple review of the history of this period of history, is to let readers get a more intuitive understanding of American constitution anti democratic nature and function.(two)
of course, any fortifications designed to be clever, eventually there are possibilities of breakthrough; the Supreme Court and stubborn to bow wave front, in the sit down strike so, political or America said USA bourgeois rule relative long-term stability reasons, although there are constitutional system, but also can not be too high estimation, the fundamental reason lies in the power of social class between the contrast and.Once the split between the ruling class will not save, constitutional system, such as the civil war; the Supreme Court in 1937 revolution, is the fierce offensive, the ruling class had to give.
as Britain's stability, the government plays the role.As the first capitalist country in the world, the British bourgeoisie have characteristic or advantage he country bourgeoisie do not have.As mentioned earlier, before and after the revolution of the British bourgeoisie for centuries destroyed farmers.In solving peasants, they are easy to deal with the emerging of the proletariat.At the same time, long-term hegemony and favorable international conditions, so that Britain will not be the intensification of internal conflicts caused by the deterioration of the international environment.The so-called "progressive", "compromise" elastic conservatism thus formed.[192] political experience and tradition rather than because of, rather than fruit.
other national bourgeoisie is not so lucky.In recent years, "persimmon party" to raise the American Revolution to the French Revolution, saying the latter too radical, do not know how to "compromise" "conservative", and so on.In fact, the French bourgeoisie is not more stupid than the Anglo American bourgeoisie or more romantic, but the French Revolution's domestic and international conditions than common much worse, that they can't do that "compromise" conservative "".Hamilton learned from Montesquieu, was Montesquieu's fellow but unknown reasons?During the revolution of the first constitution, the constitution of 1791, did not clever design?I don't mean the "compromise"?Side shouting "all men are created equal", a constitutional citizen "positive" and "negative", "money aristocracy" and "family aristocrat"(Aymara) did not want to suppress the non sans culotte?Moreover, the revolution soon, Louis sixteen in fact has become a revolutionary prisoners, unlike the English revolution that also need several years of civil war.But in 1792, the new constitution last year, intrusion of allied forces in Europe that has not solid "compromise" loose frame.[193] against the enemy on the need for national mobilization, the bourgeois side to mobilize the masses, while defending Royal and nobility had enemies, also do not forget to a war profiteer.Has been revolutionary mobilized people unwilling to resign oneself to adversity, to cut the tyrant's head, then the price law lesson of the bourgeoisie, the radical revolution.The 1793 constitution, implement the principle of direct democracy of Rousseau, become non sans culotte big charter.In 1794 the month after the coup, all fall into the hands of the bourgeoisie regime again.But the battered royalist and extreme Republican, still have make trouble may.In order to prevent extremist parties using parliamentary constitutional monarchy in 1795, the new constitution in decentralization balance rack sth., made a variety of arrangements.But then the ingenious constitutional fortress cannot stop the extreme political forces came to power in May, maintaining that the upper bourgeoisie rule could be stable.A Jacobin, a royalist, turns into battle.In this regard, "no matter how good the constitution, also incapable of action."[194] no matter which sent up, means that the civil war broke out again.Governor government had repeatedly violated the Constitution -- namely the coup -- stop extremist parties in power.Brumaire coup, Sieyes rack one's brains, trying to create a perfect constitutional parliamentary government.But times are not people, parliamentary constitutional life has done, set ability, prestige, ambition in a Napoleon have no patience, then go one's own way make a lightning decision.After the Waterloo campaign, Bourbon in the protection of the alliance to restore the bayonet.In 1830, after the July revolution, the bourgeois, "Family Dynasty and noble" and "money aristocracy" to reach a compromise, the lower people excluded, this seems to be the "Glorious Revolution" in the French version.Unfortunately, a step step by step passive, passive, old problems have not been completely resolved, new problems arose.The French proletariat boarded the stage of history, more difficult to deal with than the past no sans culotte, bourgeois day or not stable.[195] "that has been to overthrow the feudal system and the down with the king's democracy will retreat in the face of bourgeois and the rich, not the fantasy!"[196]1848 years of the February revolution, the establishment of the second republic.Is the property of the Republic or social republic?Social threat to the Republic through the June massacre is removed, the property Republic was also quickly collapse.In 1848 a new constitution in November, Tocqueville participated in the drafting, to a large extent mimic the USA constitution.But by Tocqueville respected constitutional democracy in France "The climate does not suit one.", unable to stop Louis Bonaparte ascended to the throne.Why?Because "the French bourgeois against labour proletariat ruling, the government gave to December 10th will be the leader led lumpenproletariat (Louis Bonaparte -- my word)."[197] until the fall of the Paris commune of the Third Republic, the Republic in France had stabilized.Why?Not because of what the constitutional government system innovation, but because the proletariat at this time was not weakened by the Republic to challenge the bourgeois, the original for the royalist bourgeois republic is no longer regarded as a dangerous road, began to accept the republic.[198] after decades of power recovery period, proletariat has once again become a decisive force in French politics.In 1936, the people's front office."Would rather have Hitler, not Bloom"!Frightened by the capitalists decide to abandon the republic.Has offended but unwilling to overthrow the bourgeois, "people's front" only a blind alley.The summer of 1940, Hitler and Bei as the French bourgeoisie's patron saint, Bloom was put into a concentration camp.The Third Republic, began in the Renaissance has failed, the proletariat.[199]
thus, government role is important, but it can not be wantonly exaggerated.The contrast between the social class power and tension, no parliamentary constitutional monarchy can permanently constrained.American and British bourgeois luck there at the end of the day, when the "elastic conservatism", separation and balance, will be as clean sweep.
(three)
modern parliamentary democracy, the proletariat and the bourgeoisie.The former must use this position to challenge and end the rule.The latter to prevent this may, or let the loss of fulfilling that potential ability.Simply put, to social and political struggle, force depends on two aspects, one is the system, one is the system inside the "people".Therefore, to tame the democracy, on one hand depends on the system design -- such as USA constitution; on the other hand, let the "people", the proletariat "most" lax, unable to use the system, not to mention the breakthrough and transcendence."Most" should be congenitally deficient, thousands of years to accumulate the inherited basically is poor, ignorant, splitting and so on.The only way out of this, independent will and independent organization, and overcome the emerging issues, to the society the way most sense to the political struggle in the practice of the majority.The bourgeoisie, especially European bourgeois, since the beginning of nineteenth Century, the tame the goal of democracy, is to prevent the majority into reality, or the most back to a few.This goal can only be in the historical process of concrete, through the "minority" and "most" of the specific struggle.
as mentioned contradictions, property or private ownership and democracy in the long-standing, against the autocratic monarchy, the bourgeois just require a few have the power to replace the power of one person, does not require the people.Only under the pressure of the working class, the bourgeoisie gradually began to give the working class a franchise in the late nineteenth Century.[200] in the decision, the bourgeois democracy experiment to always be uneasy.This is not to entertain imaginary or groundless fears, the workers party legitimacy and universal suffrage will soon grow up, launched a challenge to the rule of capital.In between the two world wars, the capitalist world into a protracted crisis, especially the European capitalism, simply can not continue to bear the democracy and workers' movement that burden.So the bourgeoisie will attempt to use fascism instead of parliamentary democracy, and destroy the whole classical workers movement.The leadership of the working class of classical European Social Democratic Party (and later Stalin's bureaucratic party) has gradually become union bureaucracy, strategic traps in the parliamentary political practice in the parliament "or simply parliament.[201] they only know the concession, not self, not to mention the back; only know the parliamentary struggle, not outside the parliament bucket to combine; only a majority in parliament, not outside the parliament majority, not a majority in Parliament and outside the parliament majority need to promote each other; known only to the parliament outdated customs and bad habits, should know the following innovation: from simple to democracy political democracy, economic democracy, expanded to include the full democracy, deepening the indirect democracy to direct democracy, with representatives of the workers council for democracy instead of parliamentary democracy.Results between the two world wars, the Social Democratic Party and Stalin's bureaucratic Communist International under the leadership of the workers' movement, The whole army was wiped out. in continental Europe, by the fascist individually destroyed.After this attack, the radical nature of the workers' movement gradually fade after World War II, the use of capitalist democracy challenge the will and ability of the workers' movement was lost, the classical historical failure.Up until now, was released on the capitalist threat, democracy in countries long popular.Can say, only the first fascist raging history and classical workers movement failed, only democracy prevails.[202]
Why Democracy from the capital opposite become and capital long live Aristotle problem, why be solved in the contemporary, which have often been puzzled: "even today, why the representative democracy will provide the protection function (i.e., and capitalism peacefully Coexistence -- cited note) has been such a phenomenal success, this it is not clear."[203] this study, only the factors and comprehensive system and the "people" in the long historical process, can we truly understand.
here would also like to remind everyone to pay attention to, as the "most" overcome all sorts of external and internal division block, the main power sector and defend their own interests, or will this time, bourgeois "minority" choice, will not continue to follow a "constitutional" rules of the game, but with a few people tyranny against the majority "tyranny", namely the choice of every hue fascist: Mussolini and Hitler, Salazar, Dole Forsey and Franco, Suharto and.
1973 [204] and kill workers by coup students August Pinochet in Chile, is not only a warrior, is "the first person to do sth. new liberalism" tide!Shortly after the coup, Pinochet used machine guns forced the Chilean workers to accept the "new liberalism" economic reform.Shouted Hayek and Freedman applaud, Thatcher and Reagan then apprenticed to follow, "new liberalism" and sweeping the globe.Pinochet's genius, he also knows the essence of Hamilton thought of Madison, know the coup and the achievement of the reform, must be used to consolidate the Constitution: the interests of the bourgeoisie, the critical moment depends on the knife, the daily also rely on constitutionalism.In 1980 Pinochet enacted a new constitution, the principle of checks and balances to play to the extreme, the ideal mode close to Hamilton and its successor Hayek [205] generation by more than American constitution.The Chilean people to this constitutional framework to improve their status, difficult to.Pinochet in the economic, political, law in various fields of bourgeois triumphant, bourgeois knew, didn't say.
financial constitutionalism, genocide, "new liberalism" in one of the Pinochet model, is America constitutionalism and the most significant development in twentieth Century.In 2003 March
2004 year in July revised the May 26, 2009 draft to change in December 28, 2009 to finish the first draft
postscript: in 2003 2004, a little.Thought has published the lost opportunity.The waiting period, and the modified and added the idea, but until 2006 it started.Can be changed after the computer was formatted, have been hit, was not.Until the spring of 2009 was determined.In 2009, completed in May, and had a little fantasy published in the open publication, the results until the winter.Find relief in is also good, drag drag, now also added some new content, focused mainly on the comparison of three countries revolution, bourgeois rogue nature analysis, Pinochet's constitutionalism mode etc..The above writing process can recall.There is a place worth showing off the place, I have concluded that Hayek supported Hitler -- Hayek's most respected Churchill all the way, Hayek also exception -- but has been unable to find evidence.Hayek praised Hitler's Reds Schmitt materials have recently been discovered, was added to the article.Look at this point in my judgment is worth affirmation.Hope I can find Hayek praises Hitler's evidence soon, Yingde war before, such talk the not uncommon.Hayek and Mussolini Salazar Pinochet as a friend, how can don't like Hitler?In recent years Hayek had wasted too much time on it, few is export thought he deserved.
quoted by this paper and American constitution directly related materials, published after 2004 is not.So, first of all because of some new materials in recent years to see, is not enough to make I found to make the necessary amendments to the draft of the larger.In addition, new to old, true democracy exploration on pseudo democratic critique is much more meaningful, after 2004, my energy is spent in this (this can see my article "Soviet or constitutional conference?The October Revolution -- on the new regime legitimacy and democracy "," the Russian Revolution -- from the rise, fall to fall "," only the parliamentarism paradox -- the social democratic self destruction "etc.).This effect on my new materials in the collection, also affects the rate of change of the.
this the first draft of the 2003 constitution, American heat legitimate.After the financial crisis in 2008, declined.Now more and more people believe that regardless of the starting point -- why, in a democracy, it is a capitalist world, then draws the conclusion: the world is difficult with or without true democracy, some undemocratic maybe stronger than sham democracy, etc..As far as I am, now more than draft believe: a true democracy not only anti power and anti capital -- including political democracy and economic democracy -- is entirely possible.
paper writing period, once many times to Mr. Chen Yangu.The autumn of 2003, Professor Wang Xi had no contact letter put forward valuable criticism of the manuscript.Thank all of them.Of course, the article content is responsible for almost by myself.This paper first draft was published in the "Hongkong fax" in 2003 thirty-eighth period, in this thanked Mr. Wang Xiaoqiang and "Hongkong fax" editors.[1] Charles Beard: "American constitutional economic outlook", translated by He Xiqi, Beijing: the Commercial Press, 1984, pp. 18-19.
[2] Beard: "American constitutional economic outlook", 137th pages.[3] Beard: "American constitutional economic outlook" Chinese edition, third pages.
[4] on democracy and private ownership contradiction and overview, production evolution of bourgeois democratic ideas of Wang Shaoguang: "to be concise and to the point guard of democracy": "Beijing modification, reading", 2003 fourth; Anthony's "democracy", Abraham: Sun Rongfei, Duan Bao Liang, elegant, Changchun: Jilin people's publishing house, 2005.A big reason
[5] is keen to raise the English Revolution to belittle the French revolutionaries is more respect for private property rights, the English revolution than the French revolution.No more than this argument ignores the facts.After the revolution of England landed aristocracy capitalists will farmers looted, and the French Revolution, since the Jacobin dictatorship to the Napoleon era, the farmer obtained ownership of land and never lose.Property is the property only capitalists, farmer is no?
[6]"USA folk belief of modern agree that democracy is almost equal to the free and democratic theorists, to distinguish between the two generally believe that democracy is essential freedom.But fathers think, they are most concerned about freedom by the threat of democracy.In their minds, freedom and democracy, but with property related."Richard Hofstadter: "USA political tradition and its founders", Cui Yonglu, Wang Zhong and translation, Beijing: the Commercial Press, 1995, page fourteenth.
[7] Hofstadter: "American political tradition and its founders", eighth pages.
[8] "if the town merchants and a mechanic accidentally launched that killed American Independent War, then the farmers are provided to war in the end of the power, and the outflow of the most blood spilled in this struggle."Beard: "rise of civilization" USA first volume, Beijing: the Commercial Press, 1991, page 139th.
[9] Hofstadter: "American political tradition and its founders", Ninth pages.
[10] "after 1765, 'underclass' existence, or that the mob or' rude people 'existence, has been a fact of life in colonial america."Merrill Jason: "USA revolution and American people", carrying China research American history with Jiangxi America History Research Center: "slavery and freedom: USA paradox -- organization American historian president speeches (1961-1990)", Guiyang: Guizhou people's publishing house, 1993, 199th pages.
[11] "the end of the war, not to fight people (and more claim to fight people enjoy political rights), and very difficult.Before independence, the people enjoy political rights between States is very large, but after the war, in which state, seem to have the right opening."John MacLellan: "the history of Western political thought", translated by Peng Huaidong, Hainan: Hainan press, 2003, page 420th.
[12] Jansen: "America revolution and American people", set "slavery and freedom", pp. 213-214.
[13]LouisM.Haq: "American capitalist victory", translated by Chen Shoushi, Shanghai: the Commercial Press, 1946, page 129th.
[14] Gordon Wood: "democracy and USA revolution", John Dunn editor: "democratic process", Lin Meng et al, Changchun: Jilin people's publishing house, 1999, 114th pages.
[15] Jansen: "America revolution and American people", set "slavery and freedom", 212nd pages.
[16] Philip Foner: "America worker movement history" Volume I, Huang Yushi et al, Beijing: the Joint Publishing Company, 1956, page sixty-ninth.
[17] Philip Foner: "USA worker movement history" Volume I, page sixty-ninth.
[18] Eric Foner: "see USA free story", Wang Xiyi, Beijing: the Commercial Press, 2002, pp. 46-49.Jefferson and Jackson peasant democratic political ideal and similar.
[19] in eighteenth Century, the wage earner or proletariat was also not so as the free market economy in the free workers, they are often referred to as the employer is the "servant".Until 1875, the labor relations laws in Britain has been dubbed "and the law" in the name of.
[20] China and other scholars said Pennsylvania written constitution also such content, see Yang Shengmao, Lu Jingsheng: "American history", Beijing: Renmin University of China press, 1990, page ninety-sixth.
[21] Richard Morris: "we America people: People's revolution two Centennial", carrying China research America history made "modern history challenge: speech President America Historical Association set (1961-1990)", translated by Wang Jianhua, Shanghai: Shanghai people's publishing house, 1990, 296th pages.
[22] Howard Zinn: "America people's history", translated by Xu Xianchun, Shanghai: Shanghai people's publishing house, 2000, sixty-seventh pages.
[23] Samuel Elliot Morrison, Henry Steel Comaj, William Edward Roy Xitengbao: "the United States of America growth" America volumes, Nankai University Institute for the history of translation, Tianjin: Tianjin People's publishing house, 1980, 272nd pages.
[24] Philip Foner: "USA worker movement history" Volume I, page seventy-ninth.[25] Morrison: "the United States of America growth" volume, 272nd pages.
[26] Jansen: "America revolution and American people", set "slavery and freedom", 219th pages.[27] Wood: "democracy and USA revolution", "democratic process" load, 114th pages.
[28] Jansen: "America revolution and American people", set "slavery and freedom", 217th pages.
[29] Jansen: "America revolution and American people", set "slavery and freedom", 209th pages.
[30] Jansen: "America revolution and American people", set "slavery and freedom", 217th pages.
[31] Trotsky points out, the dual regime coexist and struggle as a prominent feature in revolution, not only began to emerge from the Russian Revolution, the revolution, the French Revolution was so (Trotsky: "the Russian Revolution History" the eleventh chapter "dual power", Wang Fan West, Shanghai: historical research agency, 1941).The author thinks that American revolution also exists the phenomenon of coexistence of the dual regime.
[32] Morrison: "the United States of America growth" volume, 296th pages.
[33] Bernard Schwarz: "America legal history", Beijing: China University of Political Science and Law press, Wang Jun et al, 1997, page twenty-fourth.
[34] Jansen: "America revolution and American people", set "slavery and freedom", 218th pages.[35] Hofstadter: "American political tradition and its founders", sixteenth pages.
[36] El Bridge, Gerry, Jansen: "USA revolution and American people", set "slavery and freedom", 218th pages.
[37] Beard: "rise of civilization" USA first volume, 267th pages.[38] Beard: "rise of civilization" USA first volume, 267th pages.
[39] M.J.C.: "see, constitutionalism and the separation of powers" chapter sixth, Su Li, Beijing: the Joint Publishing Company, 1997.
[40] Li Jianming in "the significance and impact of American revolution Massachusetts constitutional movement" (Beijing: "historical research", in 2004 the first period) pointed out, the Massachusetts constitutional movement and the federal constitutional movement later, aims to "weaken the influence of the people's government" (145), but at the same time, also known as the former and the latter there are obvious different: the latter always consciously from the masses, the former is based on "extensive" and "public participation in diversity" approach.This view stultify oneself surprising: the extensive involvement of the people there, its purpose was is to weaken their future so action possible.In fact more likely explanation is: Although the Massachusetts constitutional movement to oppose the democratic, but after all is occurred in the early stage of the revolution climax -- mass democracy -- stage, therefore, compared with the federal constitutional revolution or the end stage, the more some appearance or character of democracy; democratic tide, for the early days of the revolution however, it is a series of reactionary "superb wrist".Before
[41] started to the constituent assembly from independence movement, internal conflict in the state, only according to the existing Chinese data, is not the whole process is clear.Probably a radical in the states influence to the early 1780's, it has been downhill, conservatives began to recover, but people still have considerable strength, it can set off a note movement in the period of 1785-1786.See Haq: "victory America capitalism".
[42] Hamilton called Rhode Island Council approach to "behave in a vicious and unrestrained way", Alexander Hamilton, James, Madison, John Jay: "the Federalist Papers" seventh article, translated by Cheng Fengru, Beijing: the Commercial Press, 1983, page thirty-fourth.
[43] Madison has commented, "since the peace, America due to the necessary money trust between people, the necessary trust on public meetings, on people's diligence and moral, as well as to the government of the Republic of the nature and so on", which caused a bad influence."Federalist Papers" forty-fourth, 229th pages.
[44] James Wilson, Jansen: "American revolution and American people", set "slavery and freedom", 222nd pages.
[45] Steven Buckman: "USA constitution for beginners", translated by Chu Xiaobo, Beijing: Oriental Press, 1998, page thirty-eighth.
[46] "in eighteenth Century eighty time metaphase money movement is to promote conservative economic forces in support of a strong government", Gilbert C, Jim E · Rees Buffett: "America economic history", Situ Chun, Fang Bingzhu transl., Shenyang: Liaoning people's press, 1981 edition, page 157th.
[47] Beard: "American constitutional economic outlook", 127th pages.[48] Eric Foner: "USA free story", fifty-second pages.
[49] Henry Knox (later Washington Secretary of Defense) general language, Jansen: "American revolution and American people", set "slavery and freedom", 188th pages.
[50] John Acton: "free history", translated by Hu Chuansheng, Nanjing: Yilin press, 2001, page 228th.[51] Acton: "freedom" of history, 238th pages.
[52] "as we have seen from above, after independence, the period before the promulgation of the constitution, Americans do not bad.In the past many comments Confederation period article always ingeniously with unproven assumptions to participate in the debate, it claims that economic woes to the Confederate government.However, even if the problem is exaggerated, the Confederacy also does not need the scapegoat.......In eighteenth Century 80's USA economic situation Confederate this form of government is not bad, but it fell victim to the vicious press."Gerald Gunderson: "American economic history", translated by Yang Yuguang, Beijing: the Commercial Press, 1994, pp. 148-149.
[53] Beard: "American constitutional economic outlook", 124th pages.[54] Huang Shaoxiang: "USA early history", Beijing: People's publishing house, 1957, 307th pages.
[55] Hamilton: "the Federalist Papers", twenty-fifth pages.
[56] was in New Hampshire, Connecticut, something similar happened."American independent war has made them obey the government authorities of the traditional disturbed.Extremists such as Thomas Fern thought, revolted against the British political tyranny is as unalterable principles, Yi day uprising against the creditor economic tyranny is the.If you owe a British businessman debt be exempted by legislation, so why not follow such as law exemption American businessman debt?"Thomas Day, Harmon Ziegler: "democracy.", translated by Sun Zhanping, Beijing: World Knowledge Press, 1991, page twenty-eighth.
[57] Hamilton said the rioters "real intention is to cancel all debts, to abolish the contract and the property of a new distribution -- in short, a full democracy, under this system, virtue, property and social differences will be destroyed".Si Meili: "biography of Hamilton", Beijing: Chinese translation and publishing company, 1999, page 129th.
[58] Hamilton: "the Federalist Papers", 102nd pages.
[59] this is president John Truman's comment on the constitution, George E Murray: "American president to use" of history, carrying "slavery and freedom", 115th pages.
[60] Beard: "America constitutional economic outlook", pp. 49-50.
[61] Hamilton in the "Federalist Papers" expressed by can not solve the debt problems due to the Confederate dissatisfaction: "who can hurt an independent national dignity or reduce the character of things, we have experienced.In ensuring the existence of our political danger and crisis comes, we are not to foreigners and citizens borrowed money?To pay off the debt is still without any proper or satisfactory arrangements.""The Federalist Papers", seventy-first pages.
[62] Beard: "American constitutional economic outlook", 175th pages.[63] Beard: "American constitutional economic outlook", thirty-seventh pages.
[64] Buckman: "America constitution entry", thirty-sixth pages.[65] Beard: "American constitutional economic outlook", fifty-third pages.
[66] Beard: "American constitutional economic outlook", 218th pages.[67] Beard: "American constitutional economic outlook", 104th pages.
[68] Beard: "American constitutional economic outlook", eighth pages.[69] Beard: "American constitutional economic outlook", eighth pages.
[70] Jeremy Atak, Peter Passel: "the new America Economic History: from the colonial period to the 1940 book", translated by Luo Tao, Beijing: China Social Science Press, 2000, page eighty-second.
[71]"The middle class democratic thought most likely rooted in the disgruntled class and oppressed and rising.It may be rooted in the original nobility in certain alienated, part was cancelled inheritance hierarchy, but democracy has no attraction for those still in vigorously expand privilege privileged stratum, the Philadelphia conference participants are mostly with a certain position and the children of the rich, only a few people a few exceptions."Hofstadter: "American political tradition and its founders", eighth pages.
[72] American historian Martin Bueren called the Philadelphia Convention "drafting a new constitution that is inconsistent with the Continental Congress to give it instructions, this is a heroic action, but it is an illegal action".Professor Burgess said: "if Juliet Caesar or Napoleon to do so, people have called it a coup."Cao Deqian: "America constitution approved during the storm", Beijing: "America research references", 1980 fourth.
[73] Hamilton: "the Federalist Papers", 203rd pages.[74] Jansen: "America revolution and American people", set "slavery and freedom", 187th pages.
[75] Beard: "American constitutional economic outlook", 145th pages.[76] Beard: "American constitutional economic outlook", 136th pages.
[77] "the new national laws emphasize the protection of existing property rights, also stressed that obtain property rights.This is done by combining of property and contract law to achieve.......In drafting the Federal Constitution, a really important guarantee and established makers for the protection of individual rights, is the 1 in the tenth paragraph of the constitution, namely the contract terms.If so, their provisions, expressed in the language of interest and discussion beyond all expectations fewer words, it is because they almost unanimously think and write need to be restricted to the States to prevent violations of the rights of contract."Schwartz: "USA legal history", twenty-sixth pages.
[78] Beard: "American constitutional economic outlook", 127th pages.[79] Beard: "American constitutional economic outlook", 125th pages.
[80] Jansen: "America revolution and American people", set "slavery and freedom", 222nd pages.[81] Beard: "American constitutional economic outlook", 134th pages.
[82] Beard: "American constitutional economic outlook", 141st pages.[83] Hamilton: "the Federalist Papers", nineteenth pages.
[84] Atak, Passel: "on the new American economic history", 136th pages.
[85] Hayek will then British touted as a Utopia of freedom, and claimed that the thought inheriting Tocqueville's comments, but Hayek and Tocqueville are different: "I do not know the past which has several countries like Britain aristocracy aristocracy that freedom,......However, it is not difficult to see, the English legislation often for the welfare at the expense of the welfare of the poor, so that the majority of rights for a few people exclusively.The results, Britain today set extremely rich or extremely poor in a body, in stark contrast to the plight of the poor and the power and the glory."Alexis de Tockville: "on USA democracy", translated by Dong Guoliang, Beijing: the Commercial Press, 1988, page 267th.
[86] Hamilton: "the Federalist Papers", pp. 46-47.
[87] Engels: "Dulin theory", "Marx selected works of Engels" contained in third volumes, Beijing: People's publishing house, 1995, 365th pages.
[88] Hamilton: "the Federalist Papers", 266th pages.
[89] we have seen above, "democracy" in that the founders' mouth or a bad word, they tend to use the word "Republic", but not "Republic" as harmless -- like now Chinese "constitutional" who "words, but still need to transform.And in their mouth, democracy and Republic are sometimes interchangeable.
[90] Hamilton: "the Federalist Papers", forty-eighth pages.[91] Beard: "American constitutional economic outlook", 137th pages.
[92] Vernon Louis Parrington: "USA thought history", Chen Yongguo et al, Changchun: Jilin people's publishing house, 2002, 262nd pages.
[93] hack: "victory" USA capitalism, 146th pages.[94] Beard: "American constitutional economic outlook", twenty-eighth pages.
[95] Madison, "American constitutional economic outlook" Chinese edition, third pages.[96] Hamilton: "the Federalist Papers", 206th pages.
[97] Hamilton: "the Federalist Papers", 266th pages.[98] Hamilton: "the Federalist Papers", fifty-first pages.
[99] Hamilton: "the Federalist Papers", forty-first pages.[100] Hamilton: "the Federalist Papers", fiftieth pages.
[101] Hamilton: "the Federalist Papers", fifty-first pages.[102] Hamilton: "the Federalist Papers", forty-ninth pages.
[103] Hamilton, Beard: "USA constitutional economic outlook", 127th pages.[104] Hamilton: "the Federalist Papers", 257th pages.
[105] Hamilton by asking others to illustrate this thought: "we need to be saved from democracy, but this means what?An elected parliament to an elected Senate constraints, both of which should be constrained by an elected judge."Acton: "free history", 238th pages.
[106] Acton: "freedom" of history, 204th pages.[107] Hamilton: "the Federalist Papers", 259th pages.
[108] Hamilton: "the Federalist Papers", 265th pages.[109]1913 passed the seventeenth amendment to the constitution, only by the voters elected senator.
[110] Hamilton: "the Federalist Papers", 315th pages.[111] Hamilton: "the Federalist Papers", 316th pages.
[112] Hamilton: "the Federalist Papers", 321st pages.[113] Zou Gang: "economic development and political development", contained "strategy and management" start publication.
[114] Hamilton: "the Federalist Papers", 320th pages.[115] Acton: "freedom" of history, twenty-eighth pages.
[116] Hamilton: "the Federalist Papers", 392nd pages.
[117] and Jefferson seized the power of judicial review of the Supreme Court Act deep dissatisfaction: "I always expect the pendulum in front of the public It is without rhyme or reason. decision can have a proper reason, and announced that is not legal."Buckman: "American constitution entry", seventy-first pages.
[118] Hamilton: "the Federalist Papers", pp. 391-395.
[119] "American nobility is engaged in lawyer occupation and sat on the seat, Tocqueville:" those people "on American democracy", the 309th page.
[120] Hamilton: "the Federalist Papers", 394th pages.
[121] "jurists keep secret to against democracy with aristocratic habits of their instinct,......Court.The most striking tool against democracy ", Tocqueville:" the American democracy ", the 309th page.
[122] Hamilton: "the Federalist Papers", 393rd pages.
[123] this was an opposition to the Supreme Court review, Wang Xi: "principle and compromise: American constitutional spirit and practice", Beijing: Peking University press, 2000, page 121st.
[124] Supreme Court justice Kurth Ivan Haig to call a spade a spade: "we are located in the constitution, but what is the judge, the constitution is what."Buckman: "American constitution entry", 118th pages.
[125] Lincoln once said: "if the government for the major issues affecting the people because of the decision of the Supreme Court and can not be changed......Then people will not become their own rulers."Buckman: "American constitution entry", eighty-sixth pages.
[126] King: "hope principle and compromise", 108th pages.[127] Schwartz: "USA legal history", 122nd pages.
[128] Beard: "American constitutional economic outlook", 137th pages.
[129] "solution American constitution with Britain, by limiting the right to vote, through the provisions of indirect elections for president and Senator and the election of different government departments, carefully protect middle-class interests.These arrangements to prevent the mass movement of radical gained control of the government can cause dangerous change."L.S. Stavrianos: "Global History: from prehistory to twenty-first Century", translated by Dong Shuhui, Beijing: Peking University press, 2006, page 560th.
[130] Hadley, Beard: "USA government and politics", translated by Zhu Cengwen, Beijing: the Commercial Press, 1988, page forty-fourth.
[131]"We must remember that these (".") the author said system consists of two basic parts -- part is positive, one part is negative.......In some cases, action is always directly benefiting the ruling group.If they wish to gain economic benefit through the government's authority, they should of course have a different must power system.......On the other hand, the interests of rule group also can often benefit from the government's action to prevent.......Many property owners, positive action to fear the government, as the fear they cannot by favorable legislation.In the private property industry has expanded to include all tangible and intangible wealth form, this is especially true."Beard: "American constitutional economic outlook", pp. 108-109.
[132] Beard: "America government and politics", forty-fourth pages.[133] Hamilton: "the Federalist Papers", forty-fifth pages.
[134] "the Convention of conservative temperament as the" Declaration of independence "revolutionary temperament", Acton: "free history", 204th pages.
[135] King: "hope principle and compromise", 121st pages.
[136] Nelson Friedman Black: "America social life and ideology history book", translated by Xu Jihong, Beijing: the Commercial Press, 1994 edition, page 206-207.
[137] Beard: "American constitutional economic outlook", 220th pages.[138] Beard: "American constitutional economic outlook", 220th pages.
[139] Hofstadter: "American political tradition and its founders", fourteenth pages.
[140]"Their aim is to establish a government of, by it as honest broker between the bourgeois various interest groups, to protect them against a common enemy, and prevent one from becoming too strong.The Convention is different property association.All kinds of property should be in the government according to the proportion of possession.Sometimes may have to sacrifice other people's property interests, but the sacrifice just to have the interests of the whole."Hofstadter: "American political tradition and its founders", fifteenth pages.
[141] dey and Ziegler also believe that the constitution is only minority rulers works, but the majority of people are not more actively to oppose, but passive indifference, not deeply involved in the approval process.Day and Ziegler: "democracy.", page fifty-third.
[142] Beard: "American constitutional economic outlook", twenty-second pages.[143] Beard: "America constitutional economic outlook", pp. 208-209.
[144] Beard: "American constitutional economic outlook", 211st pages.[145] Beard: "American constitutional economic outlook", 203rd pages.
[146] Beard: "American constitutional economic outlook", 222nd pages.[147] Beard: "American constitutional economic outlook", 214th pages.
[148] Buckman: "America constitution entry", forty-ninth pages.[149] Buckman: "America constitution entry", fiftieth pages.
[150] Buckman: "America constitution entry", fifty-first pages.[151] Eric Foner: "American free story", fifty-second pages.
[152] this"Both sides", "a party by the small rebel, they are debtors, not law, but want to share other people's property; these are called egalitarian, Shea (i.e. I -- cited note), and so on; the other party is composed of a few people, they have an maidservants knee supporter, more dangerous than the former; these people grab all the power and wealth; you can see the obvious dissatisfaction with the government of free and equal in the actions of these people, they also on the country's Government Transformation System of nature; they are called your clan, in this between the two sides is the community: they have the most not a lot of property, no debt, satisfied with the Republican government, also do not want to send big money, do big, dominion.In 1786, the small rebel and egalitarian appears in succession, violated the rights of others, want to establish government according to their wishes.Their actions clearly inspired a party, which occupied the political position in 1787, in a fashion follower support, unable to hold oneself back by mouth and pen's efforts to build a more elegant government.Compared with community firm, free and independent part, these two aspects......Are not worth mentioning."Parrington: "American thought history", pp. 254-255.
[153] Robert A: "Madison effect" Rutland in the Constitution and bill of rights, Kenneth Thompson: "the constitution of political theory", translated by Zhang Zhiming, Beijing: the Joint Publishing Company, 1997, page 160th.
[154] Beard: "America constitutional economic outlook", pp. 203-204.[155] Atak, Passel: "the new American economic history" (on), eighty-fourth pages.
[156] Beard: "American constitutional economic outlook", 169th pages.[157] Beard: "America constitutional economic outlook", pp. 153-154.
[158] "in four states to ratify the constitution,......Quick action can be said to be due to the general public will support the constitution, but also can be said to be due to the action of the opposition, Beard quickly be taken by surprise ":" American constitutional economic outlook ", 161st pages -162 pages.
[159] "Pennsylvania is authorized by the constitution to the second state, because the state Federalist strategy, is before the anti Federalist organization up, things quickly completed," Morrison: "the United States of America growth" volume, 330th pages.
[160] Beard: "American constitutional economic outlook", 168th pages.
[161] "must to bribe politicians by self-interest," said Guvino Morris, of the constitution was finalized, Buckman: "American constitution entry", fifty-third pages.
[162]J. Bloom: "American course" I, Yang Guobiao, Zhang Rulin transl., Beijing: the Commercial Press, 1988, page 214th.
[163] Beard: "America constitutional economic outlook" the ninth chapter.[164] Beard: "America constitutional economic outlook", pp. 209-210.
[165] Bill, German, Beard: "American constitutional economic outlook" translated reprint preface page fifth.
[166]"A federal system of government under the constitution are two seems to be irreconcilable goals to be the result of compromise.On the one hand, the need for a strong central government, has full authority to protect the citizen's property from aggression, irresponsible legislature.At the same time, the framers of the constitution is very understanding, a powerful central government, and the risk of tyranny and oppression.In order to solve this problem, the constitution to the central government gives certain limited specific powers.These lists or delegated authority, and has combined with the States, some makes the government has sufficient authority to control the state action.At the same time, the constitution of mutual restrict and balance of power system, and the sudden action or change sharply with the radical more difficult."Buffett and Rees: "America economic history", 194th pages.
[167] "bourgeois usually very like decentralization, especially love representative, but the capital in the factory code is through private law dogmatically established on workers' tyranny."Marx: "Das Kapital" first volume of the thirteenth section of the fourth chapter, "Marx Engels complete works" contained in twenty-third volumes, Beijing: People's publishing house, 1972, 464th pages.
[168]"Long as wealth rule definitely for wealth accumulation, invasion on the rights of the poor will be accompanied by the wide spread the world plan.Look at the first time of human wisdom in education and health, security, cooperation and heal the wounded and rescue the dying as well as in the protection of workers against the law for selfish how little, in this generation is how much, so there is certainly reason to believe a such major changes are needed the democratic struggle, efforts were not wasted."Acton: "free history", seventy-ninth pages.
[169] Lamine · jehanbegloo Berlin: "conversation", translated by Yang Zhenqin, Nanjing: Yilin press, 2002, page thirty-eighth.
[170]"The Berlin extremely angry, his paper was widely interpreted as such a meaning, that all intervention in economic decision of government action belong to a class of 'freedom', and therefore also the Communist are birds of a feather.Berlin's purpose is not to deny the legitimacy of the welfare state, but to force the welfare state that proponents of the economics itself to defend the economic equality ideal, rather than the economic equality as a form of freedom.In fact, when he re published the article in 1969, Berlin pointed out specially, negative liberty are commonly used as exploitation permits, economic inequality deprived of human freedom and social conditions."Eric Foner: "American free story", 367th pages.
[171] Hayek: "the economy, science and Politics: the essence of Hayek thought", translated by Feng Keli, Nanjing: Jiangsu people's publishing house, 2000, 417th pages.
[172] Hayek: "law, legislation and liberty" volume third chapter fifteenth, Deng Zhenglai et al, Chinese encyclopedia press, 2000.
[173] Hayek: "the road to Serfdom" chapter eighth, translated by Wang Mingyi, Beijing: Chinese Social Science Press, 1997.
[174] see my article "visual laissez-faire fictional myth of Hayek", Beijing: "green", in 2009 the first period.
[175] Tocqueville: "Memoirs of Tocqueville", Dong Guoliang transl., Beijing: the Commercial Press, 2004, page 201st.The formation process of
[176] Nazi so-called "majority", see my article "only parliamentarism paradox -- the social democratic self destruction.".
[177] William Shulman: "dishonorable Alliance:" Schmitt and Hayek (excerpt from William Shulman [WilliamE.Scheuerman]: 'Karl Schmidt: the end of law' [CarlSchmittTheEndOfLaw, Rowman&LittlefiedPublishersPublished in 1999]), translated by Liu Yi, Zheng Yongliu editor: "philosophy of science" in 2007 second period and the sociology of law (twelfth), Beijing: Peking University press, 2007.
[178] Lu Xun: "Shanghai arts at a glance", "heart".[179] Lu Xun: "" eat white rice "", "quasi romantic talk".
[180] Lu Xun: "Shanghai arts at a glance", "heart".[181] Lu Xun: "Shanghai arts at a glance", "heart".
[182] Lu Xun: "" eat white rice "", "quasi romantic talk".
[183] Huang Jisu, wish our ":" five four "after the two enlightenment", Beijing: "green", 2009 fifth.
[184] Huang Jisu: "strengthen civil society literature", Huang Jisu: "China unhappy,", Nanjing: Jiangsu people's publishing house, 2009.
[185] Han Shaogong: "and the theory breakthrough (order < > offbeat stance)", Xie Shaobo: "offbeat stance", Zhao Guoxin, Chen Li transl., Nanjing: Nanjing University press, 2009.
[186] Huang Jisu: "the era of academic corruption", Huang Jisu: "Chinese not happy".
[187] David Miller, Vemon Bogdanor "Blackwell". Encyclopedia of political science, Deng Zhenglai, Beijing: China University of Political Science and Law press, 2002, page 741st.
[188] in recent years as Hayek became popular in the Chinese, the respected "Lord Acton" have gradually begun to attract people's attention.The "liberal" "master", was standing in Calhoun and the slave side, firmly defend the slave of slavery "free".
[189]1868 passed the Fourteenth Amendment to the constitution, is the end of the civil war to destroy slavery and development, its main content is: "all persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and their.Any state,......Without due process of law, no person shall be deprived of life, liberty or property."The company does not belong to the "people".
[190] Buckman: "America constitution entry", 103rd pages.
[191] "is often overlooked in the court president, packing plans before the first show, the philosophy of law transition decision has been formed.March 29, 1937.The Supreme Court of the correct statement is announced a month in the president's proposal, but the case itself announced in court (February 5, 1937 -- packing plan cited note) before 1 months has been discussing justice will decide.The indirect evidence proves that the number of years after the chief justice Hughes recognized by its author's narration, 'the president's proposals not the slightest impact on our decision.'"Bernard Schwartz: "America Supreme Court history", Bi Honghai, Ke Chong, Shi Minglei, Beijing: China University of Political Science and Law press, 2005, page 258th.
[192]"In the UK, serfdom actually eliminated in the end of fourteenth Century.......The farmer land ownership was deprived, in Britain after a religious reform and revolution the two times, until nineteenth Century.The development of capitalism is not from the outside in, so it had enough time, can long ago in the awakening and went into politics, would eliminate the independent farmers."Trotsky: "the Russian Revolution History" the second chapter.
"Britain has at least a few centuries to let it.It is a pioneer of bourgeois civilization.It is not other ethnic oppression, but increasingly put them under his oppression.It exploits the world.This mitigates internal contradictions, accumulated a conservative, contributed to the wealth of fertility and fat quality of sediment stability, the fat deposits such as: parasitic layer, the dynasty, the house of Lords and the church.Because of the historical privilege is very bourgeois development in the UK, conservatism combined with elastic, then from the system transferred to morality."Trotsky: "the Russian Revolution History" the sixth chapter.Facing the
[193] Anglo American revolutions international conditions vary, the revolution trend and ending impact.Britain as the edge of Europe Island, long term is not regarded as a part of Europe, so the revolution by the autocratic monarchy, group were less attention or opposition.More fortunately, during the revolution, the countries of the continent is the Thirty Years War tired, also cannot take care of britain.USA revolutionary international best conditions: away from Europe, only to face England suppressed, but at the same time from France Spain Holland there have strong international aid, the British finally defeated, is mainly the French army.The French Revolution international conditions the worst: revolution in the power of one country alone against all of Europe's siege, as long as twenty years, finally overwhelmed.The progress of the world impressed, but suffered heavy losses, has since become a second rate country.Today "persimmon party" people indulge in elaborating on Anglo American Revolution in mild, compromise, progressive, never consider, if the American revolution also suffer from the French Revolution to international pressure that, will present another situation.As for the fate of the Russian Revolution, it is the decision of the international conditions.Revolution from the beginning to consciously put themselves as part of the world revolution.The results of the world revolution continued failure led to the Russian Revolution, the Soviet democracy gradually reduced to the party's bureaucratic dictatorship.
[194] Minie: "history of the French Revolution", Beijing translation agency, Beijing: the Commercial Press, 1997, page 283rd.
[195] "from then on, the socialist democratic promise provides power maximum.Democracy and Socialist Alliance is the main fact in French politics."Acton: "free history", Seventy-eighth pages.
[196] Tocqueville: "on USA democracy", the eighth page.[197] Marx: "Louis Bonaparte's May 18th" the seventh chapter.
[198] refer to let Pierre Azema and Michel Winnock: "the French Third Republic", Shen Lianzhi et al, Beijing: the Commercial Press, 1994.
[199] see my article "only parliamentarism paradox -- the social democratic self destruction", "Hongkong fax", 2007 eighty-fourth.
[200] UK, France and Germany, Austria, Italy, than, Dutch, Swedish, Russian, Finnish, Norwegian and other countries are so.[201] is the latest example of Nepal's maoists.
[202] see my article "only parliamentarism paradox -- the social democratic self destruction.".[203] John Deng Enbian "democratic process", 253rd pages.
[204] Latin American countries mostly imitate America also advocating regime, the so-called judicial independence.Failure of Venezuela 2002 military coup against Chavez, the court -- regardless of public opinion is also against the law -- the coup organisers not guilty verdict.Honduras in 2009 to overthrow the democratically elected President Zelaya coup, the Supreme Court immediately announced coup legitimate.Judicial independence is the coup the accomplice of the executioner.
[205]"Hayek said that capitalism is the guarantee of freedom.So when the conflict between freedom and capitalism, when the human desire to exercise its abandoned capitalist free -- Hayek 's "when democracy and hinder the free time", Hayek will choose what?The expense of human freedom to save capitalism!Called "libertarianism", as the capital oriented, the supremacy of property.In the "Freedom Charter", "law, legislation and liberty" and other works, Hayek's choice is: attack of universal suffrage, discredit democracy, hostile to trade unions."The essay "visual laissez-faire fictional myth of Hayek", Beijing: "green", in 2009 the first period.
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