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Introduction
The sense of consideration of this theme in my opinion is, what even today, experience of creation, the statement and implementation of the Constitution of United States of America of 1787 can be useful. A true combination of conservative traditions and loyalty, an opportunity of branches of authority to influence against each other, not limiting thus the independence. The American experience of the device of the state (due to the Constitution) and many other things can be taken on arms legislators.
Process of development of the Constitution is inseparable from a history of struggle for the state independence, freedom and association of staffs(states) in the uniform state. And the traditions embodied in it(her) it was pawned still by the first , brought on the new grounds ideals of the natural right, English "general law", a jury of assessors and other progressive legal institutes of that time becoming a fundamental principle at formation of colonial controls. And already during becoming the first colonies, the recognition of freedom of religion was considered as an indispensable condition, non-interference of authorities to affairs of a cult, the right of citizens to choose officials to carry the weapon to create at the will military groups, to participate in the taxation and ..1
It is important to note, that the Constitution of USA is oldest of working and the most brief.
Life which was conducted by the first American , promoted development of democracy. Colonists occupied the country of woods and heathlands. And to build settlements, to extract livelihood and to clear away the grounds under farms and dwellings, newcomers should work together. This necessity of cooperation supported conviction that all people are equal New Light and anybody does not have any special privileges.
This thirst of equality has predetermined attitudes(relations) of 13 colonies with mother country - England. The declaration of independence of 1776 proclaimed, that all people are created equal and all have the right on life, freedom and aspiration fortunately 2.
In the given work I set as the purpose to consider such questions as:
) A history of formation of the basic institutes of the state in USA
) A principle of division of authorities under the constitution 1787.
) Federalism
) Judicial
) Rights of citizens on to the Bill about rights .
History of creation of the Constitution of USA. , in my opinion, it is necessary to count the beginning of a history of creation of the constitution of USA a victory in war against England and creation Declarations of Independence (see the appendix).
After war in front of United States there was a number(line) of serious problems on normalization of internal life: overcoming of economic difficulties, acceptance of measures for strengthening a -political system. The destiny of the achieved independence depend on the decision of these problems. At the end of 19 centuries even there is a term describing this complex(difficult) situation - the Critical period . It(he) was entered by John Fiske in work the Critical period histories .3 In what difficulties of the critical period consist? First of all the American economy was in a heavy condition. Though the termination(ending) of war also has resulted in some improvement of position, the facilities(economy) of USA continued to stay in a condition of deep decline. Inflation of military years not only proceeded, but also has even more amplified. That has caused a high rise in prices and has resulted in ruin of farmers, discontent in people - they were at war, have tested all wars, but independence has not brought him(it) expected freedom. 4 Character and destiny of national performances(statements) of those years were especially clearly showed in development of the largest revolt of small farmers of 80th years in Massachusetts in which chapter there was a veteran of war for independence . This revolt was culmination item(point) of democratic movement after war for independence. One of the basic results of revolt consist that representatives of elite came to a conclusion about necessity urgently to reconsider system of authority, to achieve its(her) strengthening and centralization. American historian R.A.Fir denied, that revolt causes acceptance of new constitution 5. Having analysed sights of participants called in the spring 1787 in Philadelphia the constitutional convent, it(he) marked, that long before that Washington, , Hamilton, and other "fathers - founders" of USA expressed for the benefit of realization of political reforms. referred also that during discussion on convent only 9 delegates have mentioned revolt . Indoubtedly, revolt was not the unique reason of acceptance of the constitution, but it is no doubt in that, as it has served that as the important pulse. The majority of people of that time supported the development(manufacture) of the fair constitution answering interests of people. However . Washington becoming the president of the constitutional convent, and other delegates representing future "top", were guided at all by this appeal. Creation of the constitution was designed for establishing in the country the law and the order. The constitution, on a plan of its(her) founders, was called to strengthen domination of "few" to get rid of horrors of uncontrollable democracy , to find some kind of a refuge from democracy 6. The constitutional convent sat behind closed doors, and performances(statements) of his(its) participants were not subject to publicity. In due time C.Bird, analyzing structure of convent, has shown, that that entirely consist of representatives of the maximum(supreme) class. From 55 delegates 50 were ground and other proprietors. Founders of the constitution counted an overall objective them of political system preservation of a private property.
As any bourgeois constitution, the 1787 produced by convent the document the purpose to fix the right and authority of rich minority - owners of the property, first of all large proprietors. Founders of the constitution testified to it. Those who owns the property, and those who has no her(it), always represented various interests in a society, - wrote . .-the Same can be told about creditors and debtors. Ground, industrial, trading and monetary interests, and also interests of smaller groups are inevitably shown in the civilized nations and divide(share) them on the various classes guided in the actions by various feelings and sights. Regulation of these unequal and inconsistent interests represents the basic purpose of the modern legislation... 7. The essence of an affair consist that similar regulation was carried out in interests of the provided weight of people, hands of their representatives rejecting the requirements of broad masses. The delegates of the constitutional convent who has taken on mission of development(manufacture) of the new legislation, have appropriated(given) to themselves the right to adjust interests of various classes and groups of the population is strict according to interests of rich proprietors. Accepted during war Clauses(articles) of confederation essentially differed, from the constitution of 1787. They suffered lacks and required revision. Many political leaders agreed with it, including representatives of a democratic wing. However those who has undertaken mission of development(manufacture) of the new law and order, strongly differed from practice of former years. In certain respects they () even were step back in comparison with procedure of acceptance of " Clauses(articles) of confederation . . Franklin soon after the conclusion of the Parisian peace treaty warned the compatriots, that England has not reconciled to defeat and still amuses itself hope to return was(former) at the first opportunity. From the beginning of 80th years , , Washington and other outstanding figures of the American republic even more often lifted a question on necessity to transform old system of authority in stronger and authoritative board. Working central government - the Continental congress - on own experience could be convinced of powerlessness of existing Supreme authority. Powerlessness conducted to apathy. Quite often at sessions of the congress were present 20-25 person though staffs(states) should send 91 deputies to Philadelphia. Only 23 deputies from 11 staffs(states) participated in the session ratifying the peace treaty with England. When the congress accepted resignation . Washington from a post of the commander-in-chief, in a hall there were only 20 deputies from 7 staffs(states). Sometimes absence of quorum prevented to carry out(spend) sessions, and the congress did not gather at all. Not casually direct occasion for convocation of the constitutional convent was conference of representatives of staffs(states) in Annapolis (Maryland) for discussion of rules of domestic trade. The initiative of convocation of this conference belonged to the legislative assembly which has addressed with an appeal to other staffs(states) to select delegates and to gather in Annapolis. From 13 staffs(states) 9 have responded immediately. They have selected the representatives on conference, but to Annapolis the profit of 12 delegates representing only 5 staffs(states).
