Traditional Culture Encyclopedia - Traditional festivals - The U.S. Constitution "transformed the thinking about rational politics that had characterized Europe since the Renaissance into real political principles."
The U.S. Constitution "transformed the thinking about rational politics that had characterized Europe since the Renaissance into real political principles."
Locke proposed the theory of separation of powers. Montesquieu believed that the legislative, judicial and executive powers should be separated. This is a profound reflection on rational politics.The U.S. Constitution of 1787 stipulates that the legislative power belongs to the Congress and the executive power belongs to the president. The judicial power belongs to the Supreme Court and lower courts, which turns the above thinking about rational politics into realistic political principles The most important historical significance of the U.S. Constitution is that it turns the pursuit of rational politics since the European Renaissance into reality. Obviously, the constitutional tradition of the United States is rooted in Europe, and can even be traced back to the times of ancient Greece and Rome. Ancient Greece, ancient Rome's natural law, medieval England's common law, the Enlightenment thinkers of the natural human rights, the concept of the social contract on the formation of the U.S. Constitution have a direct or indirect impact, but the North American continent has its own unique political and economic environment, which does not have to bear the burden of the heavy burden of feudalism, there is no inherent hierarchical differences, European immigrants came here to settle and enjoy the more deprived of the old continent of freedom, thus giving birth to the New World. European immigrants came to settle here and could enjoy more freedom that had been denied in the Old World, thus giving birth to a stronger sense of democracy and more democratic traditions among the people of the New World. After the victory of the North American Revolution, the issue of national power construction was placed in front of the American people, who instinctively feared the authoritarian government of the old continent and opposed the central government to have too much power, but a loose confederation could not meet the needs of dealing with domestic and foreign affairs, and representatives of the states sat down together, and after repeated arguments and compromises by all parties, the U.S. Federal Constitution, which has been proven to be effective to this day, was finally formed. So far, the human pursuit of thousands of years of political ideals finally became a reality, "this public **** politics for the world at the time of the various forms of dictatorship politics, is indeed a new era of history to open up the type of leap". The U.S. Constitution is the first written constitution in the history of the world, since its birth to the present has experienced more than two hundred years of vicissitudes, but the many amendments to make it still maintain the vigor of youth. As the fundamental law of the country, the U.S. Constitution is impossible to make specific and subtle provisions for all aspects of social life, and as the fundamental law of the country, it must be adjusted at the right time to the contradictions of the various interest groups in society, and therefore its formulation of the beginning of the "Founding Fathers" is by no means to "create a perfect, justice and democracy, and can be immortalized for posterity and others to admire the political system, but in order to seek a realistic, effective, and can be timely to save the United States of America is on the verge of failure of the political way", in line with this purpose, in the process of the federal constitution is bound to take into account the interests of various groups of society, the representatives of the various states or interest groups in the Constitutional Convention Representatives of each state or interest group bargained in the Constitutional Convention and finally compromised on the federal constitution. So the U.S. Constitution is not only that it establishes a series of principles such as popular sovereignty, limited government, federalism and decentralization, but more importantly, it is the formation of a spirit of compromise, which is a necessary condition for the U.S. Constitution to maintain its youthful vitality, and this spirit of compromise of the U.S. Constitution is essential to ensure the stability of the society, with the development of history and social progress, there are bound to be a number with the "Founding Fathers" and the "Founders". With the development of history and social progress, there are bound to be some with the "founding fathers" formulated the constitution when the social conditions are very different, in the new social conditions, the constitution is still able to regulate the newborn social interests of the contradiction, which is a great test of the vitality of the constitution. The U.S. Constitution is precisely with this "negotiation" and compromise spirit, in order to constantly adapt to new forms, thus becoming a "living constitution. The U.S. Constitution undoubtedly embodies and reflects the Western world, especially after the Renaissance movement in Europe about the human rationality of political doctrine, views and systems. Among them, the "natural rights" and "social contract" ideas of John Locke, the famous British philosopher and early figure of the European Enlightenment, have become the theoretical basis for a series of basic principles of the U.S. Constitution: the French Enlightenment thinker and jurist Montesquieu's "separation of powers" and the "right of all parties to a government" have become the theoretical basis for the U.S. Constitution. The French Enlightenment thinker and jurist Montesquieu's theory of "separation of powers" was accepted by the founders of the United States in its entirety, and was directly designed as a constitutional structure for the separation and checks and balances of the legislative, executive and judicial powers of the government; the constitutional monarchy of the United Kingdom has provided an important model of practical reference to the American democracy*** and the constitutional design of the system; and so on. However, the U.S. Constitution is not a simple inheritance and transplantation of advanced European ideas and systems. The starting point of the U.S. Constitution was to solve the political problems facing the U.S. at that time: to avoid the chaotic situation of the European countries, to avoid the evils of authoritarian centralization, to remedy the failure of the Confederate system, so as to build a peaceful and stable political environment. (Note: (U.S.) Vincent Ostrom, "The Political Theory of the Compound *** and System", Shanghai Sanlian Bookstore, June 1999 edition, p. 13) It is a choice and innovation based on the American people's own historical experience, on the knowledge and reflection of rational human political thought and on the analysis and comparison of various political systems. This rational spirit of selectivity and creativity of the U.S. Constitution is centrally manifested in its establishment of a "composite * * * and system of government with a dual separation of powers," the basic elements of which are: within the federal government the distribution of power and cooperation among the legislature, law enforcement (the executive), and the judiciary, and within the United States as a whole the dual government of the Union and the States The basic elements of the system are: the distribution and cooperation of legislative, executive and judicial powers within the federal government, and the dual system of federal and state government within the United States as a whole, and the separation of legislative, executive and judicial powers within the state governments. That is to say, the decentralized form of organization of state power and the federal form of state structure are combined to form a "three-dimensional network of horizontal and vertical separation of powers". Composite **** and the creation of the system of government is the result of the previous thought and system of criticism, abandonment, play and transcendence.
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