Experience And Construct Rational Rational Organic Combination,

From 1607 the establishment of the first permanent colony in North American continent - Jamestown to 1803 the foundation of the judicial constitutional right, the constitution of the United States has experienced four periods: colony, confederate period and the 1787 constituent assembly and the right of judicial review, which ran past the UK on the basis of experience transcendence. Just more than two hundred years, the United States of America ,which was a scene of desolation has set up a mature constitutional system. This is a miracle of human constitutional history. What makes it a miracle is the combination of experience rationality and construction rationality. In this paper, by using the method of historical analysis, I'd like to summarize constitution of the United States during 17-19 century, reveal the reason why it succeeded in founding this constitution, and explain the way which combines experience rationality and construction rationality.There are five parts of the thesis.In the first part, several concepts are briefly introduced to echo the main points of the thesis. Empirical rationality and constructivist rationality are included in the concepts. The main points of empirical rationality are that the rationality of human is limited and that all things are results of people's actions rather than the results of designs. However, different from it, constructivist rationality pays attention to the role of human's rationality and holds that all things are the results of the people's design rather than their actions. These brief descriptions allow us to better understand the four stages of the U.S. Constitutionalism.The second part discusses the accumulation of constitutional factors in the colonial period. Through the analysis of township self-government system and mixed government system, it can be found that empirical rationality held a dominant position in this period. During the colonial period, the early colonists used their experience in Britain to guide the establishment of the colonial system. It is not exaggerating to say that the early colonial system was a simple imitation of the British social and political system, which could be reflected in the township autonomous system and mixed government system. This not only enables us to see the leading role of empirical rationality in the colonies, but also enables us to see that much attention was given to two basic elements of constitutional government---- democracy in the colony. The third part discusses explorations of the period of Confederation. Confederation period had a very important position in American history. Empirical rationality was still important in the Confederation colonial period, but it is undeniable that constructivist rationality began to play a role. However, in general, the empirical rationality was still in the dominant position. During this period, there were both the formulation and implementation of written constitutions in the states, but also the establishment of loose political alliances. The formulation and implementation of written constitutions played a guidance role in the design of the Constitutional Convention in 1787. A number of issues arousing after the establishment of the confederation also contributed to people's desire for the establishment of a national government and laid a foundation for the for the 1787 Constituent meeting.The fourth part is the focus of the thesis. The convening of the Constitutional Convention in 1787 not only overcame the disadvantages of confederation, but also designed a constitution. In this Constitution, much attention was given to the constructivist rationality. Framers effectively combined empirical rationality and constructivist rationality in the United States and bicameral parliament is the most typical representative. Of course, this meeting mainly constructed the mechanism of separation of powers and federalism by the design of the Constitution. Then the United States inherited the British and colonial reasonable and practical experience to carefully construct rationality, promoting the development of the United States.The fifth part is the creation of rights of judicial review, which can be considered as a continuation of the Constitutional Convention in 1787. Madison was a rational use of constructivist rationality. Right to judicial review has made a truly independent judicial power come true. The three powers have been checked and balanced; the right of any parts can't dominate the other two, marking the completion of U.S. Constitutionalism.The last part is a brief conclusion. It discusses how the U.S. constitutionalism realizes the combination of empirical rationality and constructivist rationality. In addition, the successful experience of American constitutionalism provides a valuable reference for China.