Category: English Reports

Reading Report of Some New World Lessons for the Old World[1]

The paper remarks three areas in which American Constitution is considered to have made distinctive contributions to the world; they are: an extended democratic republic, federalism and civilian supremacy. And the author emphasizes on America’s earlysuccessfulexperience.The aim of this paper is to offerAmerica’s valuable lessons to Easter Europe for their rebirth and constitution-making.

The first part of the paper is about the extended democratic republic of America. There are three main responses to the Anti-Federalists. First, Montesquieu did not support the Anti-Federalists as far as they supposed. For Montesquieu suggested that “confederate republic” could avoid the geographic limitations. Second, Madison pointed that an extended republic could control factionalism. These two reasons described in Federalists 9 and 10 are well-treasured nowadays. However, the most important point—“geostrategic” argument recorded in Federalists 4 through 8 is ignored today.In these passages, the Publius made an analogue between England and America. They pointed that if states united, America would resemble England. Because America has Atlantic as the moat to protect it from being invaded by Europeans, America need not sustain large standing armies which can easily lead tyranny and crush domestic liberty. On the contrary, if the Confederation is divided into thirteen nations, each separation will be free to arm itself and intimidate its neighbors.And given the latent conflict on the control of the West, the option of a system of three or four smaller confederacies will similarly cause chaos.Only the confederation can bring peace and development for America.

The geostrategic vision was well-received by elites such as James Wilson, Benjamin Franklin and George Washington. Moreover, the argument influenced the politic and legislative realities. For example, the Bill of Rights, the Second and Third Amendments all stress on the restrictions of federal government and army but ignore the states. Even President Jefferson’s purchase of Louisiana and the Monroe Doctrine all show the influences of geostrategy.

Since twentieth-century, Federalist 10 has been rediscovered while geostrategic vision has fallen. But through the Pearl Harbor incident, the Cuban Missile Crisis and Star Wars technology, we can see that the issues raised by Federalists 4 through 8 have not disappeared.And three reasons may account for the ignorance of geostrategic vision. First, it seems imperialistic; second, it is inconspicuous in the constitution; third, it seems not as important as other principles in constitutional case law.

And what Europeans can learn from the first part are mainly of two aspects: demilitarization and conducive to commerce. Poland’s fears toward Germany shows that military risks are still believed to exist in Europe whose geostrategy is different from America. Thus, a transitional legal structures to demilitarize the continent is in demand. NATO just provides a model of it. Also, economic cooperation and demilitarization have an intimate association with each other according to Federalists 4 and 6.One is that commercial intercourse can strengthen ties between different regions. The other is that it provides a chance for navies and commercial navigation to promote each other. Moreover, confederation need less money to sustain army and thus promote the economy.Given these reasons, Europeans should develop institutions like EEC to promote intracontinental free trade.

The second part of the paper is about federalism. Some platitudes about the values of “federalism” such as it can allow more experiments and keep diversities do not catch the main point.The key value of federalism is the protection against government.And there are three mechanisms to assure this value.

The first mechanism, “legal check” of federalism contains two portions. One is that each branch of government can thwart a national law it deems unconstitutional. The other is that if a citizen’s constitutional rights are violated by the federal or state government, he can invoke remedies furnished by a structurally independent government.

The second mechanism is called “military check.”In America, the military power is shared between center and periphery. And according to Federalists 28 and 46, the army can be used to put down local insurrection or thwart national tyranny.Nonetheless, “military check” can be abused, just as the American Civil War.But despite this, Eastern Europe, especially the Soviet Union should learn something from this mechanism. And the main function of militia is not to really use it, but offer an underlying restraint for the abuse of professional army from the central government.

“Political check” is the last mechanism. It means that state governments can speak out against federal policies and seek the amendment. In 1798-99, state governments played roles like the institutional press or opposite party today. This serves as the midwife of two pioneering works: the First Amendment protection of press and the birth of the party system.This point is especially important for Eastern Europe, for this offers an alternative to check if the leader is capable.

And the major difference between the federalism of America and Eastern Europe is that American states are far more similarthan the ethnic regions of some Eastern European countries.But there is still some problems of this point in American federalism, so the Old World should better turn to Canada on this topic.

The last part of this paper is about civilian supremacy. Because America’s geostrategic position leaded to a small amount of army, civilian supremacy was not a hot issue before. But today, America has a sizable national standing army. Two reasons may account for why military is still subordinate to civilian officials: constitution text and tradition. And the tradition of civilian supremacy was set largely because of the models set by George Washington and Robert E.Lee. Also, American military schools adapt the spirit of civilian supremacy. Eastern Europe needs to use constitution texts and pay serious attentions to the military training institutions to establish civilian supremacy.

Taking the arguments above into consideration, the success experiment of America in self-rule offers lessons for not only Eastern Europe but also the whole mankind.

[1]Akhil Reed Amar, Some New World Lessons for the Old World,Yale Law School Legal Scholarship Repository,1-1-1991

Jingwen Sun

Malaysia destroying its forests three times faster than all Asia combined

Detailed information ordered by the Wetlands International reports that Malaysia is pulling out of the ground the standard two percent of the rainforest in Sarawak which is the biggest land on the island of Borneo or almost ten percent more than five years ago. They also added that many have been transformed into palm oil plantations.

Five years ago, big unit of land area land of Malaysia consisting largely of peat which is about 872,263 acres were cleared, or one-third of the swamps which have kept carbon from fragment plants for a very long time.

According to scientists, the devastation of the Amazon and the ruining of Central Africa’s and Southeast Asia’s rainforest are responsible for over fifteen percent of carbon emissions that result to global warming.

Keeping the forest alive allows the immersion carbon from the atmosphere while deforestation frees the stored carbon which results to climate change. However, releasing effect is increased when trees are cut down from the peatlands while the swamps are left empty for business plantations.

Asian countries that manufactured almost ninety percent of the global’s palm oil are Malaysia and Indonesia. This palm oil is used in cooking oil, cosmetics, soaps, bread, and chocolate.

Palm oil is also used as a factory oil and believed as a perfect biofuel as a replacement to fossil fuel. However, it was not approved since it was reported to destroy the rainforest because of widening of plantations.

Indonesia committed a solemn promise to give a brake in deforestation in their land. Norway also pledged to Jakarta to contribute one billion dollars every year as their financial support in order to observe and measure the quantity of greenhouse gas production.

Whenever I saw kids walking home with obvious heavy bags full of tedious homework and test paper, refusing to go out with parents because of their ceaseless missions, and merely playing computer games instead of reading books as entertainment in their leisure time, I felt dismayed and puzzled. Then from an early age, I have always been thinking about what is the problem within the education in our country. As it turns out, it is truly complicated.
To begin with, I think the essence of the education is to guide students to see, feel, and know the world, to help them build complete sense and personality system, and to lead them to find out their dream, get close to, and achieve it. However, nowadays, innocent, curious children are taught together about the “positive power,” which is defined by the public, the tradition, the rooted culture. But I’m afraid that this “culture” has become a kind of chains, hampering the naive curiosity and creativity of children. Anyway, I never stopped believing that Chinese culture is brilliant in the blazing flow of history, although I do not agree that this could be used as a plea of stifling thoughts.
Second, people at present are too “conventional” to walk on their life, which leaves them an opinion that their kids should also follow the “integral” society, referring to others, ironically. However, kids should not be the one whose life are controlled and changed by the pretentious but shortsighted prior generation. The era needs new things, new ideas, which could not be achieved by merely following the past paths, or the present trend, nor by being stuck in a given circle, but by allowing the young generation walking their own way.
Last but not least, children need real guide, complete knowledge, which means what they really need to learn is not merely the academic knowledge used to fulfill the test, the scores, when they have not already known what they are after, when they do not even have a kind heart to others and desire to the whole world. As time goes by, is harder and harder for students under the era to apply for an advanced university, since the score increasingly becomes distant target, higher and farther to reach. So students have to focus on nothing but books, textbooks literally. The time for them to do voluntary work, to play sports, to care about their hobbies.
I do not think those are all the problems, but I also admit how to lead one’s life does not totally depend on the education system. Nevertheless, since it is much more beneficial for students not only at present but also in the future, why not fixing it out for a better socAfter I saw the news about murdering, stealing, and other crimes when I was twelve and focus on thinking about it for a long time, I realized what I have always found to handle the problem about the bad thing in the world is actually–education.
When looking at our world, I never refused that science is quite essential for us to lead a better life, to make everything more magnificent. But it could not solve issues related to one thing: love. Why would people steal things which do not belong to them? Why would some rush to the streets and shot or kill innocent people who has nothing to do with them? Why there are some parents who would reject reporting that they have been to the epidemic area, hoping to avoid being quarantined? The first two kind of people, in my opinion, are not rich, at least not rich enough. The third group are not caring, they are selfish. But why would they be so poor and selfish enough to do things harmful or potentially harmful to the society, to others? I thought it deeply, and it turns out to be that it is the lack of education that makes those people lose their kindness, makes them do not care about the world.
How could a young know the great love for the world when during all the life there is only poverty and sadness? And even though a long time later, he or she could make difference and live a great life, it is the education that rooted in the heart from an early age from parents, who experienced the same fate but worse. People could not be lenient to the surroundings only if they get convenient life on the base of intact education. As the base, education is more important than substantial affluence to some degree, since it is obvious that there are many rich men who are not kind, refusing to give their wealthy away to the poor, and even bulling them.
Education is complex, including not only the information and ability that people need to capture for daily life, but also, more importantly, the guide to kindness and greatness. It is not to say that every one needs to be as kind as saints, but I want to express that education does could change people, from inside to outside, from mind to heart. So if you want to practice in a field to make great difference and contribute to the world to a broadest degree, education is in its own right.

Qin Xuan Zhou