The Making of the Constitution of U.S.A. in the Second Stage : (1) A Study on the Transformation from the Decentral Staatenbund to the Consolidated Federal Republic of U.S.A. by the Making of the Federal Constitution

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  • アメリカ合衆国憲法の制定過程(2 上) : 連邦憲法制定による分権的国家連合体から集権的連邦共和国へ
  • アメリカ ガッシュウコク ケンポウ ノ セイテイ カテイ(2 ウエ)レンポウ ケンポウ セイテイ ニ ヨル ブンケンテキ コッカ レンゴウタイ カラ シュウケンテキ レンポウ キョウワコク エ

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Abstract

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The political elites representing the vested interest group who belonged to the ruling class of thirteen separate states held the Federal Convention at Philadelphia in1787 and then succeeded to draft the federal Constitution. They had intended to transform the existing Confederation into the consolidated Federal Republic to solve lots of pressing matters that Confederation had both inside and outside of U.S.A. and at the same time to unify and harmonize the member states so as effective collective security by the making of a central national government. Proposed Constitution had two principles; its parallels with the state constitutions; and the additional security to liberty and property the proposed form of Federal Government will provide. Firstly, in this paper, I try to look at the political trends of each state and then explore the political process that thirteen separate states invited the crisis of breakdown of Confederation by the intense conflict of interests among them until the holding of the Federal Convention. Secondly, I try to clarify the republican principles of James Madison, the main framer of Constitution by the analysis of his convincing arguments for the proposed Constitution in the Federalist. From the analysis of his arguments, we realize that theoretically he aimed at the preventing of the abuse and corruption of power and at the same time the preventing the abuse of the freedom by the people, its radical form of the tyranny of the majority in a new consolidated Republic. And we also can understand that on the base of his theoretical plan of Republic-building he tried to introduce the limited government based on the principle of separation of powers among the governmental organizations and between the Federal Government and government of the states to realize his political plan achieving liberty and order in Federal Republic. This clearly shows that the Federal Constitution was the product of his political ideas. Thirdly, I try to bring into sharp relief the main character of the political institutions of U.S.A. which was created by the Federal Constitution. Fourthly, I also try to clarify the reason why the Federal Constitution can be existed effectively for two hundred and forty years. Lastly, I try to examine the reason why U.S.A. must become the Constitution-dominated Polity compared with the French modern state.

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