评论
打印
Take a moment to think about the US Constitution.
想一想美国宪法。
What's the first thing that comes to mind?
首先想到的是什么？
Freedom of speech? Protection from illegal searches? The right to keep and bear arms?
言论自由？保护人民免受非法搜查？合法管有枪械的权利？
These passages are cited so often that we can hardly imagine the document without them,
这些章节经常被引用，我们难以想象缺少这部份的美国宪法。
but that's exactly what the writers of the Constitution did.
但那正是编写宪法的人所做的。
The list of individual freedoms known as the Bill of Rights was not in the original text and wasn't added for another three years.
列出种种个人自由的《权利法案》并不在最初的宪法内，往后三年也没有加进去。
So does this mean the founders didn't consider them?
难道宪法发起人没有考虑过吗？
The answer goes back to the very origins of the Constitution itself.
答案在于美国宪法的由来。
Even prior to the first shots of the American Revolution,
在美国革命初发枪声更早以前，
the Thirteen Colonies worked together through a provisional government called the Continental Congress.
13个殖民地区合作组成临时政府，名为“大陆议会”。
During the war in 1781, the Articles of Confederation were ratified as the first truly national government.
1781年，战争期间，《邦联条例》签署生效，成立第一个国家中央政府。
But establishing a new nation would prove easier than running it.
但守业比创业难。
Congress had no power to make the states comply with their laws.
议会无权促使州政府遵从中央政府的律法。
When the national government proved unable to raise funds, enforce foreign treaties,
中央政府未能征得收入，执行外交条约
or suppress rebellions, it was clear reform was needed.
或平息动乱，可见制度需要改革。
So in May 1787, all the states but Rhode Island sent delegates to Philadelphia for a constitutional convention.
因此在1787年5月，所有州政府（除了罗得岛州）派员到费城参与美国制宪会议。
A majority of these delegates favored introducing a new national constitution to create a stronger federal government.
大多数与会者同意起草新宪法，创立更稳固的联邦政府。
Thanks to compromises on issues like state representation, taxation power,
他们在各种议题上妥协，例如州代表制、征税权、
and how to elect the president, their proposal gradually gained support.
总统选举制度，因而草案渐获支持。
But the final text drafted in September still had to be approved by conventions held in the states.
于9月草拟的最终稿仍须在各州会议通过。
So over the next few months, ratification would be debated across the young nation.
所以接续数月，这个年轻的国家的内部，就通过宪法与否争论不休。
Among those who championed the new document were leading statesmen Alexander Hamilton, James Madison, and John Jay.
拥护新宪法的人之中，有三位政治家：亚历山大·汉米尔顿、詹姆斯·麦迪逊和约翰·杰伊。
Together, they laid out eloquent philosophical arguments for their positions in a series of 85 essays now known as the Federalist Papers.
他们提出情理兼备的哲学论证，发表一系列共85篇的论文，现称为《联邦主义议文集》。
But others felt the Constitution was overreaching
但有些人觉得宪法权力过大，
and that more centralized authority would return the states to the sort of tyranny they had just escaped.
政体趋向中央集权，各州会重陷于刚摆脱的独裁制度。
These Anti-Federalists ere especially worried by the text's apparent lack of protections for individual liberties.
反联邦政府的人特别担心宪法未有明文保护个人自由。
As the conventions proceeded, many of these critics shifted from opposing the Constitution entirely
各个会议持续进行，很多批评者由完全反对整部宪法，
to insisting on adding an explicit declaration of rights.
转为坚持加入一份宣言，明确保障各种权利。
So what was the Federalists problem with this idea?
但支持政府的联邦党人为何不同意呢？
While their opponents accused them of despotism,
虽然反对者指控联邦党人独裁，
wanting to maintain absolute power in the central government, their real motives were mostly practical.
意图让中央政府拥有绝对权力，但联邦党人的真正目的却很实际。
Changing the constitution when it had already been ratified by some states could complicate the entire process.
当时数州已通过宪法，修改会令整个过程更复杂。
More importantly, Madison felt that people's rights were already guaranteed through the democratic process,
更重要的是，麦迪逊认为民主过程已保证了人权，
while adding extra provisions risked misinterpretation.
另添规定可能会引起错误解读。
And some feared that creating an explicit list of things the government can't do would imply that it can do everything else.
一些人担心，明确列出政府不能做的事会意味它能做一切明文规定以外的事。
After the first five states ratified the Constitution quickly, the debate grew more intense.
最一开始的五个州迅速通过这部宪法后，争论更激烈。
Massachusetts and several other states would only ratify if they could propose their own amendments for consideration.
麻省和其他数州要求能各自提出修正案为条件，否则不肯通过宪法。
Leading Federalists recognized the need to compromise and promised to give them due regard.
领导的联邦党人认识到需要妥协，承诺会妥善考虑。
Once ratification by nine states finally brought the Constitution into legal force, they made good on their promise.
九个州终于通过宪法让它具有法律效力，他们亦遵守承诺。
During a meeting of the first United States Congress,
在美国国会首次会议上，
representative James Madison stood on the House floor to propose the very amendments he had previously believed to be unnecessary.
代表詹姆斯·麦迪逊于众议院提出他先前认为不需要的修订。
After much debate and revision, first in the Congress, and then in the states,
经过多番争论和修改，先在国会，后在各州，
ten amendments were ratified on December 15, 1791, over three years after the US Constitution had become law.
于1791年12月15日通过十项修订，即美国宪法生效三年多后。
Today, every sentence, word, and punctuation mark in the Bill of Rights is still considered fundamental to the freedoms Americans enjoy,
时至今日，《权利法案》的字字句句仍被视为美国人享有各种自由的基石，
even though the original framers left them out.
即使最初制宪者并没有将其纳入其中。
