The Constitution and constitutional right wrong: which is the American constitution?
Created:
/Author:
Aaron Lewis
-- "political order" (reading notes7)
Huntington in the "political order" in the repeated references to classical political scientist Platon, Aristotle's argument.In front of a note, talked about the civil polity and Puli wins the regime; this regime classification, inspired by Aristotle's view is clearly.
In Platon, Aristotle and other classical writers, according to the formulation and implementation of the law, there are two types of countries -- respect the law countries and ignore state laws.Huntington said,"Respect the ruler of the state in the public interest law act, allergy or ignore the law the rulers of the country regardless of government interests and to seek personal interests."This thought, with Platon, Aristotle"Legal or respect for law and metamorphosis or ignore the law of nations"Agree without prior without previous consultation between the classification of;
Huntington quoted Aristotle, "politics","Those who advocate the common interests of the constitution is the right constitution", Aristotle says: "if you only consider the ruling class interests of individual constitution is wrong constitutional, or that the correct form of metamorphosis."The constitution is divided into "the constitution" and "wrong constitutional" thought, very worthy of discussion on constitutional scholars.In the discussion of constitutionalism, not only to discuss whether to constitutional issues, also need to discuss what types of constitutionalism.The first question, it seems in the current Chinese, is not a problem.Chinese has its own constitution, in terms of form, is a "constitutional state".Some scholars believe that the constitution, to push, to write a new constitution.This possibility can only through the change dynasties to achieve.Put down the constitution of the people, have the courage to doubt.The second question, what type of constitution?The constitution is correct or wrong constitution?In the first problem does not exist, seems to be the only issue at present China constitutionalism.Chinese not only need a constitution, also need a proper constitutional.
No doubt, the right of constitution and error constitution, is the constitution.As a popular saying, "evil law is also the law".Evil law can be turned into good.Aristotle defined the constitution is correct, is from the "political coverage" is concerned, political coverage, incorrect constitution can be right the constitution.In a constitutional government, the framers of the constitution, may from the common interests and social position, establish a "respect for the common interests of the constitution", may also make itself benefit from protection standpoint, the formulation of a "thinking only of the constitution" the ruling class of personal interests -- error constitution.The former political coverage, the coverage of small.The error between the Constitution and the constitution right, there are also many constitution according to the coverage size, in between.
If the understanding of political operation, to appear this kind of circumstance, will not feel strange.A constitution, is often the social minority elites and political elites consultation, discussion results even debate.These elite, and some see the immediate benefits, some see long-term benefits; some see their own interests, some see the public interest.The framers of the constitution, should be considered when the need to control the public constitution.The constitution, is the inevitable result of the framers of the constitution of mutual compromise.Aristotle from the perspective of analysis, take out the two extreme cases; in fact, this survey constitution from minority or from the community perspective, is of great significance.
American constitution, a lot of people think it is a good constitution.However, when the constitution from the start, from the political coverage, is not a "right of constitution".Make American constitution, fully reflects the personal economic standpoint the constitution makers.Although the constitution makers, "have faith" to the country, focus on how to establish a new form of government.Get agreement on key issues, political coverage, it is "not right".
In the process of making constitution, questioned on behalf of USA slave trade.From Virginia Meisun fierce attack the slave trade."He stood up, tall body, gray hair on the temples, two black eyes like anger in the burning, he rebuked the 'devil's freight' is' be insatiably avaricious British businessman 'of the founding.Karl Van Deulen wrote this in the "great rehearsal" this book1787Coming8Month18Day Meisun speech."The problem is not only relates to the slave population, this problem involves the entire alliance.The institution of slavery that our technology and industrial decline.Poor people see only slaves to work, therefore despise labor.The slave white immigrants, these immigrants is the real factors that the prosperity of the country.The institution of slaveryThe general social customs are the worst affected, all slave owners was born a specific small tyrant.The central government shall have the power to textile slavery growth."
Meisun speech, seems no doubt, however, is from the southern part of Carolyna state Pinckney seize the pain in the foot.Pinckney retorted, "Virginia why opposition?It was just ban the importation of slaves to its advantageous.Because of the prohibition of slavery, the slave value will rise.Virginia is useful and not so many slaves."Pinckney said, South Carolyna and Georgia can't abandon slavery.
Mei Sun and Pinkney slobber battle, each sticks to his argument, are starting from their own or on behalf of the state interests.Only the representative of Ireland from Connecticut, not, stand on the moral high ground, put forward the most complete solution to USA slavery.Ayers not says, "if the slave question from the moral standpoint about it, we must further the existing domestic slaves liberation."Because, for the issue of slavery, the positions and views are so different, finally, the emergence of a compromise: slave imports in1800No banned years ago, but have to pay no more than imports average tax rate.The concept, slaves as animals like today, incredible, but it is the reality of the time.
A man was born based on the principle of equality of States, at the time of establishing constitution, with the emergence of the founding principles of contradictory approach, this approach in the "Weberian" eyes, is unbelievable, however, it is true.Karl Van Deulen said,Adhere to the "abstract ideal pursuit, may be without a single success, also not agree to concessions to compromise compromise more practical.Even when they don't think moral problem of inhuman, yielded."
We know, including Washington, America founders, many are slaves.As a politician, Washington against slavery; as a farmer, he decided to die to slaves free, keep slaves until his dying day.American founders personal slave owner's identity and political ideal contradiction, influence on the constitutional position of the abolition of slavery is, let America constitution left a big tail on slavery.Finally, a civil war America fuse.The correct form of allergic constitution, is not without consequences.Today's error constitution, not "karma retribution", must pay a high price for its mistakes."Is not reported, not the time, when the time comes, all newspaper."
America constitution was enacted, the constitution is right, or wrong constitution?According to Aristotle's view:"Who consider only the ruling class interests of individual constitution is wrong constitutional, or that the correct form of metamorphosis."USA constitution retained slavery, is the "correct form".From the point of view, USA constitution, is a suitable USA national constitution, however, the constitution compromise on slavery and reserved, is immoral.This way, no doubt is the contradiction to posterity.Until must use a civil war to solve contradictions.Provides a good example of process USA constitution as we view the Constitution and its influence and consequence.
The error constitution or constitutional metamorphosis will cause serious consequences.Huntington said,"Has the allergic constitution is the lack of legal society, authority, cohesion, discipline and the consensus of society, is the private interests dominate the public interests of society, is not civic responsibility and civic society, is the political system and the powerful social weak society."Huntington depicts a constitutional governance in the wrong country under the panorama:"The country is a variety of indulgence and violence, wealth and power of the extreme inequality, peace and justice, ambition, destroy malignant expansion of division, defy laws human and divine, fraud and contempt for religious rule."The last picture, contemporary Chinese have experienced or are experiencing, is no stranger to.