Through The History

The object of this paper is an unique and glorious phenomenon in the constitutional and legal history of U.S and in the world, the long endurance of U.S. Constitution. The research objective of the paper is to clarify and dialyze the phenomenon, reveal the underlying conditions and the causes, and try to extend and elucidate it. The realization of this purpose will have high theoretical and academical value for legal science and constitutional jurisprudence, and also have enlightening meanings for understanding and thinking practical issues. Of course, I do not think things done by my paper. I prefer to take it properly as only a huge effort to approach that goal.As a whole, this thesis falls into three parts or four questions. The three parts involve phenomenal review, causal analysis and extending elicitation. The four questions include why U.S. Constitution (1787) is thought to be long enduring, how it lasted for long, why it could, what that can account for. The text of my paper contains 6 chapters. Chapter 1 and 2, pertaining to the first part, answer the first and second questions respectively. Chapters 3 to 5 belong to the second part, answering why the Constitution could exist for long. Chapter 6 is the third part. And it explains some issues extended from the research above.The prelude is quite long. By analyzing and making clear the three concepts: U.S. Constitution, the Federal Constitution of America and the American Constitution, the research object is located and limited at the Constitution of the United States, that is the constitutional document framed in 1787 and ratified in 1789. The basic meanings of"the Long Endurance of the Constitution of the United States"are defined and the possible and necessary backgrounds and scope of task studying are ascertained. In addition, by analyzing mentality in selection of subject, it is finished primarily to set up the researching value and basic expectations to the paper's task. Finally it briefly introduces the overall writing plan and poses several items of expectation of the paper's value.Chapter 1: The Unchanged of U.S Constitution after changings. This chapter reveals and exposes the long endurance of the Constitution transversally, reviews the two sides, changed and unchanged, reflected on latest version of the Constitution enduring for over two-hundred years, expounds that the unchanged side has been holding a dominant position, thereby answers the questions, under the condition that the Constitution has changed a lot, how can we say that the Constitution is still last and what characteristics does the constitutional endurance have.Chapter 2: The Vital Historical Challenges U.S. Constitution Suffered. In this part, the dissertation detailedly makes a historical survey to the long existence of the U.S. Federal Constitution and studies how it endures and survives the impacts of the major historical events and maintains its stability and continuance. Surveys are on the four aspects: (I) the initial formation of the U.S. constitutional system; (II) the most dangerous constitutional crisis ----- the Civil War; (III) the absorption of the biggest new element in constitutional system ----- party politics; (IV) the modern challenge ----- the expansion of power of the federal government and the inflation of the presidential power.Chapter 3: The Conditions and Causes In the Constitution Itself. At first, there is an introduction over the whole part about all aspects of condition and cause. And then, the article analyzes and expatiates the conditions and causes of the Constitution itself: (I) the fine quality of the essential content of U.S. Constitution; (II) the rigidity of the Constitution; (III) the elasticity of the constitutional clauses; (IV) the simpleness and vacancy of the constitutional text; (V) the balanceable traits.Chapter 4: The Conditions and Causes In the Constitutional System. (I) the revisionary mode of U.S. Constitution ----- bill of amendment; (II) the Constitutional Supremacy; (III) the constitutional patron saint ----- the United States Supreme Court; (IV) the Separation, Checks and Balances of Powers; (V) the Federalism.Chapter 5: The Conditions and Causes In Society and History. (I) the profound historical foundation of the U.S. Constitution; (II) the unique position of the U.S. Constitution in the American developing history; (III) the constitutional belief of the American public; (IV) the steady development of the American society.Chapter 6: Elicitation and Thinking. Based on the above study, this chapter further elucidates three issues: (I) What value does long constitutional continuance have? (II) Can the long endurance of the U.S Constitution prove its high quality? (III) Can other countries achieve long continuance of their constitutions?...