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I. Sources and a historiography The basic sources on a question of formation of statehood of America are: the Declaration of independence, Clause(article) of confederation , the Constitution of 1787 and the Bill on rights. Also, addressing to sources of formation of statehood the important document is the agreement. Also the important source - 4-languid Records of federal convent of 1787 M.Farranda where it is possible to see sights of creators of federalistic ideology: . , . . , R.King, and. Hamilton, . , E.Randolf, C.Pinkni. In a historiography on the given question there is a set of opinions. Managing role in patriotic camp belonged not to democracy, and to a moderate wing which ideology in process of development of revolution more and more affirmed as credo of young bourgeois republic and has formed a basis at development(manufacture) of the federal constitution of 1787. Historian - G.Apteker has allocated the humanistic treatment of human rights contained in the Declaration and the first constitutions of staffs(states), the concept of people's sovereignty and the right on revolution. In clause(article) the American revolution and the right on revolution G.Apteker for the first time in the historical literature proves: the idea of the right on revolution is made not only in the Declaration of independence, but also in a number of the first constitutions of staffs(states) . The Idea of acceptance of the hand-written constitution including the list of powers of the government - logically followed from revolution, - G.Apteker. It(he) marks inconsistent character of the attitude(relation) of the constitution of USA to previous revolutionary ideology. On the one hand - the doctrine of contractual formation(education) of the government embodied in it(her) and precise delimitation and prerogatives of machinery of state represents denying an arbitrariness of authority, characteristic for - societies. Acceptance of the constitution therefore meant realization of political principles of Century of Reason . But, on the other hand, refusal of Clauses(articles) of confederation 1781, the initial unsteady contractual agreement between 13 staffs(states) for the benefit of the constitution, has reflected partial defeat left, democratic wing of revolution and a victory of its(her) moderate figures. The leader of a neo-Conservative direction L.Harts denies typological communication(connection) of doctrines of the American revolution with an advanced European idea of XVIII century. Conservative direction - bourgeois historians of USA - deny class essence of the Constitution of 1787, declare the document a product of national will. Bourgeois historians - saw an antithesis of the Declaration of 1776 (V.L.Parrington), Clause(article) of confederation in the constitution, fixing the sovereignty of staffs(states) completely met the requirements of the historical moment and that the constitution of 1787 has triumphed only over result of skilfully directed efforts of conservative figures (M.Dzhensen).. The concept of the consent - recognizes presence of sharp disagreements in ideology of the American revolution. In the report on "human rights" on XIV International congress of historical sciences in San Francisco in 1975 the American historian R.Palmer spoke: the Constitution of 1787 as, however, and the legislation of staffs(states), had the limited character, marking regretfully, that opponents of revolution - appeared in unequal position with its(her) supporters. By the way speaking, those which subsequently have returned to USA or have declared support of new authority, used all completeness of the constitutional guarantees. Moreover, they have actively adjoined the conservative block of " federalists , supporters of the constitution of 1787, having made a stronghold of the new law and order . The representative new left in a modern historiography of USA of S.Lind fairly marks, that a question at issue of revolution was a cancellation of slavery. But to carry out this problem(task), one more revolution was required. As it was already marked, at drawing up of the Declaration of independence has included in it(her) item(point) on a cancellation of slavery, but under pressure of representatives of southern colonies, this item(point) was excluded. However the regulations about volume, that each American have the right to life, freedom and aspiration fortunately were distributed in the theory to all without exception. Subsequently the leaders of abolitionists acting for a cancellation of slavery, referred to the Declaration of independence. Meanwhile, the constitution of USA has legalized institute , having fixed it in the special decision. Its(her) basic difference consist in it from the Declaration of independence. The purpose of the constitution of 1787 consist in fixing rights and authority of USA behind rich minority contrary to the democratic majority. Founders of the constitution directly spoke about 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 different and inconsistent interests represents the main problem(task) of the modern legislation . Acceptance of the Constitution of 1787 was dictated by interests of the statement of authority of large bourgeoisie and ground aristocracy. If to speak about its(her) general(common) estimation as political document it is necessary to recognize, that the then it there was an advanced constitution, in particular, after acceptance of the Bill about rights which also should be considered(examined) as the certain result of class struggle. In a kind of absence of the Bill about rights the constitution has met mass opposition. Representing interests of needy layers of the population opponents of the constitution resolutely insisted on acceptance of amendments to it(her) and criticized her(it) for absence in it(her) of guarantees of elementary political freedoms. Founders of the constitution at all were not located to be engaged in amendments, the Government will not be completely organized yet, - spoke . However, finally they were compelled it to make. Having found out, that their opponents have prepared the long list of additions. Capable to weaken or in general to subvert all new system, they have decided to offer that could not damage(injure) and take to it(her) under the control debate make them for itself more favorable . Thus, supporters of the constitution reached(achieved) double effect. On the one hand: have beaten out a trump from hands of opposition, with another - have formulated additions to the constitution in a kind acceptable to. These amendments were made by prevailing party(set) in such manner to not cause any damage to spirit of the constitution and to appease excessive anxiety. (E.Must'e'. At the same time, acceptance of the Bill about rights was essentially important success of democratic forces. II. Becoming statehood 1. Sources of statehood Formation of a political system of America was affected English political with a heritage. English have brought with itself political ideas which developed in England during centuries. To 1600 English government gave the citizens civil and political freedoms: expansion has put in a jury. In the English control system there were 2 principles: 1) limitation of powers of the government and 2) representative authority. They also have affected the further development of America as the part of the English system was accepted. The English Bill about rights of 1689 is very important for the American colonists, it(he) differentiated rights and duties of the governor, was applied to American - to natives of England, in the same degree, as to Englishmen. One of preconditions of the American revolution: the assumption that colonists are deprived the fundamental laws incorporated in Bill has served. Despite of a fragmentariness and scantiness of the activity the colonial governments have put in pawn bases of national statehood. Among them the most important: 1) The hand-written constitution guaranteeing basic freedom and force of the government; 2) A legislature which were submitted by elective representatives; 3) Division of authorities. Key feature during colonies was management according to the written plan. the agreement have signed in 1620 that is the first example of colonial self-management. (41 person, representatives of all families which have arrived to America participated in development of the agreement). They understood, that rules are necessary to operate the way, to survive on this ground. The representative authority became the integral legal tradition in America long before the announcement of the independence in 1776. The governor as the representative of the monarch carried out orders of king, it(he) also embodied laws which were accepted by a colonial legislature in life. 2. The declaration of independence The declaration of Independence speaks: All people are created equal, all of them are gifted with the founder some inalienable laws to which number concern the right on life, freedom, aspiration fortunately. To guarantee to people these rights, the government is created... Every time when the form of board starts to contradict these purposes, the right of people - to change her(it), or at all to destroy and found the new government . July, 1, 1776 the Continental congress, according to the resolution accepted earlier, has started discussion of a question on declaration of independence. Sights found expression in the Declaration, reflected experience of American colonies, their own democratic traditions which have been usual for one and a half hundreds of years from times of the basis of the first American settlements. D.Dzhefferson, on words D.Malone: saw not the purpose, and means, and actions(shares) of branch were much more interested that should follow formal branch, than in on themselves. Many positions of the declaration of independence have not lost the value and now. All of them are still actual, as expect the decision. In this sense it is possible to speak about the Declaration as about a charter of the American democracy . It is possible to tell without exaggeration, that for America it there was a mark behind which the new stage in development of the country began. |