USA1787Years how the constitution formulated

Wu Yunjia Ningguo Middle School of Anhui Province

American is the first country in the world in the modern history of making constitution, it puts forward the basic principles of constitution, created a western countries to develop the first written constitution. The two years, the world changes in turn the world upside down, but America constitution is still1787The constitution's. Although the Constitution27Amendment, but it displays in the system innovation and improve the rule of law in the spirit of advancing with the times, has became the constitutionalism model. Now, we are on1787Years USA constitution, such as "separation of three powers" and limitation, it has more in-depth understanding, however, the fundamental law of what is in the background and how to make out the details, but the lack of understanding of the twitch. Believe that through the introduction, can deepen their understanding of the constitution content characteristics and properties.

A,1787Years of the constitution background

Born not American constitution is accidental, it has deep historical origin and social basis. Mainly include the following two aspects:

1The sources of law

1776Before the year American declared independence, North America mainland, is adopted for the English common law (Xi Guanfa), and each colony had legislative meaning. Early in the1606Years of Eph Ji Minya charter was promulgated, the colonists would be guaranteed, will enjoy the same rights of residents and the suzerain and freedom, is freedom rights, civil rights and immunities. It has also become a North American people then draw the revolutionary forces, a powerful weapon in the struggle for independence. "Declaration of independence" emphasizes: "residential colonies enjoy under the English common law rights." And shouting: "common law rights is our inherent rights, is our inheritance." After independence, the British common law self-evident to become the source of the legal system of the state, if the state constitution statement to the British common law for the common law states. Thus, American constitution establishment, thanks to the inheritance and development of the English common law, in other words, the cornerstone America constitution is a British constitutional tradition.

Another source of law America constitution, is13The basic regulations of management of e-government British colonies, such as the "May flower Convention", "basic law" written by autumn lattice. The former is promulgated in1620Years, although only200Many words, but in addition to the provisions of the religious matters, also pointed out that "where the formulation, setting and promulgation of the justice and equality laws, decrees, laws, ordinances, and their duties at any time, make sure they can most suitable and convenient colonies of the public interest". One implication of the embryonic form of the thought of people's sovereignty, respect for freedom and democracy consciousness, thus "May flower" the Convention is believed to be the ancestor of the modern constitution. The latter is the residents of Connecticut colony plenary session1636The basic law years vote approved, it recognizes that the supreme power of the state belongs to all people, so it is called "the first constitution in North america". There are many basic rules and so on, enough to show that the North American people attach great importance to written charter and empower their nerve may not infringe upon the rights, these advanced constitutional ideas will undoubtedly have a profound influence on the USA constitution making.

Third sources of law America constitution, is the national stage formulation of the "Declaration of independence", "articles of Confederation" and the state constitution and other documents. They are not only in the ideological content, but also in the organizational procedures are for the development of America federal constitution has accumulated rich experience in practice. For example, the right is granted for the drafting of the Constitution and the special session of the conference, this is revolution states often used, is also adopted a federal Constitution(In American, different from the legislative power of making, the organ is different from the legislature). In addition,1787Years ago USA11States have drafted the constitution, and contains the government structure and content structure similar to the separation of the three powers, this was the makers of the Constitution provides the basic framework of federal government mode. Also, the "Declaration of independence" with the enlightenment thoughts, the theory of natural law and social contract theory as the basis, to establish a series of basic principles of constitution, set up a series of constitutional basic values, such as the theory of natural rights, the people's sovereignty theory, contract theory of the state, against a theory, it points out the direction for the to establish USA constitutional system. Marx also praised the world "the first declaration of human rights". Another example,1781Years of enactment of "Confederation", declared the establishment of the13States should be composed of representatives of Congress, some power and give the Congress of the United States in the United States, it Yile start-up period of the system of government, the Confederate States of unauthorized, autonomous regime models at the same time, also set aside a later must make the Federal Constitution, the establishment of the Federal central space. In a word, is American people's ingrained sense of rights and the government power awareness, recognition of the constitutional tradition and colonial existing system, the fight against foreign oppression and the need to maintain internal unity created America constitution.

Two, the social root

America constitution is not made out of thin air, to1787The main drivers of federal constitution is the state after the release of the colonial pressure, between the commercial competition is increasingly fierce, built high tariff barriers, retaliation and counter retaliation resulting in increased, disordered trend of economic development at the same time, the British and other foreign goods take advantage of a weak point, currencies, bonds, manufacturers and import and export trade four big group interests suffered heavy losses. The nodes are due to American founding history is the first independent state(State)After the reunification of the country(Federal)It is a separate state, the constitution. The country should strictly speaking, is a union of sovereign states, rather than a sovereign state. The Confederation Congress, lack of management of the commercial rights and the right to tax, so the class for the establishment of a strong central government to safeguard their economic interests.(Before the "articles of Confederation" provisions of the central authorities only by States composed of representatives of the "State Council" and the unicameral parliament, and no national independent exercise of the power of administrative departments and judicial departments.)

Secondly, the rise of real political unrest and constitutional movement is an important factor to establish the Federal Constitution on the agenda.1786-1787Massachusetts veterans Daniel Shays led the peasant uprising against the States, they inflate the paper currency, asking for the abolition of public and private debt and free distribution of land, the group state courts and administrative organs. Social unrest, the financial chaos and political unity of the name falls short of the reality, the wealthy and middle-class interests under threat again, the state's political elite worried. Later, the Massachusetts Governor's bold, will crush the uprising. Thus, people strongly and clearly feel is not to let the Constitution gives the President more power, the establishment of a strong central government, variable Confederate federal, with the common need to maintain the common interests and the Confederate states.1787Years5Month, the revolutionary leaders gathered in Philadelphia, began to implement their designated major step time. Can say, I became a federal constitution uprising.

At the same time, in view of the fact that states the right to trade act as one pleases, the Confederation Congress to convene a meeting of independent right of Taxation changes "articles of Confederation" meeting, namely seek to carry out a constitutional movement. Results the response Liao Liao, later, after increasing the contents of "authorized representative review of current government system deficiencies and make the federal government to deal with an emergency incident the necessary provisions", to gain substantial progress of constitutional movement, which started its activities. It is worth mentioning that, in Philadelphia55Delegates, there is25People are engaged in legal services, they have a large stock of information, master of law, rich experience, keen to constitutionalism, and most of them are Rock, a disciple of Montesquieu, the constitution laid a solid ideological foundation. Makers will Rock's natural rights and the limited government theory, Montesquieu's idea of "separation of the three powers", the actual creatively with the North American colonies combined, finally gave birth to the example of the western constitution of.

Three,1787For years the Constitution

The convention from the1787Years5Month25To9Month17Day, held secret in Philadelphia, the official representative74Name, only the actual attendance55Name, voting only11A state. Conference delegates to modify the "articles of Confederation" and come, but deliberately, turning it into a new constitution of the general assembly. They are reckless, partly because the situation is getting better and better(Economic, political crisis)On the other hand, the meeting on behalf of all non common people, is a distinguished revolutionary predecessors, there is the political capital rich socialites. The lower people, small capital class representatives and intellectual radical are not on the list. These heavyweights including Washington, Franklin, Milton and Madison, han.

In the constitution making process, the twenty-four factions develop internal various interest groups political compromise and balance the interests of some leverage. Quarrel nearly4Months, involving political principle and the economic interest sensitive, from the right of the state, civil rights, the "tyranny of the majority", "too much democracy","   "All the people, slaves of investment, land speculators benefit, shipping industry and problems are the hidden conflicts, naked group interests seemed to sense of the sacred words bite off the mouth. Among them, about the country and the president's authority and the state power, the federal government's right side, avoid too large or small, is the focus of the debate. To this end, Virginia, a representative of the state of New Jersey and Connecticut delegation put forward plan, after repeated discussions, modify, reached the following consensus: about the president's power, the result of compromise is its positioning in is not dependent on righteousness by Congress and the Congress The high court judge; about the power of Congress, their positioning in the legislation and the balance of the president and the Supreme Court, and by the president and the Supreme Court checks and balances, Montesquieu "separation of the three powers" thought here has been fully reflected, and to have the innovation. About the size of the state power, the compromise balance both in the legislature, the Senate, each state should have an equal vote. In the election of the house of Representatives, by population, slaves are calculated as 3/5, which reflects the State Senate equal right, the house reflects the equal rights of citizens. Obviously, the constitution has stipulated the rights and freedoms of citizens, this significant gaps in the1787The first Congress was modified, added more than 200 years, American15Amendment, supplement27A, truly advancing with the times.9Month17DayA constituent assembly convened to vote on, meeting, delegates39In the text of the constitution was signed, El BridgeMason and Randolph, Gerry, due to various reasons, refused to sign. Some of the other against the convention delegates have already walked out the general idea. In order to further protect the state power and civil rights, the Constitution also stipulated13A state needs to be at least9State approval before it can take effect. To1788Years7Month26Day, a total of11A state(Until the Connecticut and Rhode Island19Century to approve approved the draft constitution, the Confederate Congress declared that the constitution came into effect. A lay USA national political base and called at the same time, through the various historical and cultural factors analysis, we further understand that: the constitution of any country has is the product of a certain social and historical background, are certain conditions.

Reference.

(1He Qinhua editor: "America) history of law development", Shanghai: Shanghai people's publishing house,1998Year edition.

(2)(Su)Con G Fedorov, Ye Changliang, Ceng Xianyi; "the foreign system of state and legal history",

Beijing: Renmin University of China press,1985Year edition.

(3What Shunguo): "USA history theory", Beijing: academic press,2001Year edition.

(published in 05 16)