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Constitutional Studies |
Constitutions and parts thereof relating to human rights from the following:
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An Integrated Middle School Unit of Study Comparing the Impact of Culture on Chinese and American Articles and Amendments
Current General Southeast Asian Periodicals
Statistical factors from the Untied Nations comparing some of the Asians nations with statistics for the United States
Note to Teachers
This unit is designed to relate with your political science and civics units. This includes the proposed new national civics guidelines. This unit also meets the requirements of the California State Framework for history and social studies. Of particular note is that it can be used to bring new insights into Asian philosophy and government while still offering meaningful citizenship concepts. A reading list is provided and recommended to provide additional resources to the student.
Students should be reminded that the Republic of China is on Taiwan
and the People's Republic of China is governed from the mainland.
A Study of the Chinese, Their Culture, Traditions, and Their Government in Comparison to the United States Constitution
The First Emperor
For thousand of years emperors ruled China without the benefit of a formal Constitution. The first of these was called Shinh Huang-Di (which means the first emperor) from an area called Qin. He was crowned king in 246 BC at about your age, 13.
Through the use of intelligence gathering and a powerful military he began to unite the six kingdoms that made up China at that time. He succeeded in this quest and was given the title of First Sovereign Emperor of Qin or, in Chinese, Shighuangdi. It was from this emperor that China received its western name since Qin is pronounced "Chin. "
The Qin dynasty had many attributes and many faults. He was known for being cruel and he was hated by many. However, he did accomplish some positive things. He standardized weights and measures. He also standardized the axle widths of wagons eliminating multi-rutted dirt roads and pathways. Laws were standardized and he made the written language the same for all residents, but not the spoken language. As such China now has many different spoken languages.
Qin did everything to insure that the rules would be followed--his rules. He hated education so much that he burned books except those on such subjects as farming, medicine and ancient history. He believed that uneducated people would accept his rule more easily.
How does this belief compare with the current Chinese Constitution? Have the governing people of China changed their views? (see appendix C)
Qin also created the Great Wall of China that is 1400 miles in length. It has a guard tower every 100 yards and was built by slaves and those the Emperor did not like. The Chinese believe that for every stone in the wall one human life was lost. The wall was built to keep out the Tartars who raided China from the north. The wall still stands and is the only man-made object visible from space.
Does the idea of work being good for you occur in the Chinese constitution? What do you think about the Great Wall of China? Did the ends justify the mesas? In other words did the cost and the use of slave labor justify a wall that protected the country and those that lived there?
Before Qin died he had a huge burial building erected. The walls were painted with the sun and moon and artificial rivers were made to run through sections of the tomb. Bows were placed to automatically shoot when anyone came into he tomb. He even had hundreds of soldiers in battle dress molded and placed in this building. It cost a great deal of money.
Compare what Gin did to the Egyptian rulers and their pyramids. Which was the first? What did they decide to construct such tombs. Is a right for a ruler to spend such time and money on these types of structures? What does the United States do for their past presidents?
(Teacher Note: Advanced students can write a letter to a presidential library asking for information about the libraries and what they house. They than can write a contrast and compare essay on how the libraries are alike and different from the Chinese and Egyptians tombs. See Appendix B.)
Look at the China Constitution Which rules would Qin have disagreed with and why?
Since 1912 there have not been any emperors of China, but there have been many government leaders. Often times the people were at the whim of each leader or government official. This changed somewhat in 1949 when the Revolution happened. Since this event China has gone through a host of constitutions because the ingredients are not really rights or freedoms but policy statements which are frequently altered to fit the needs of the government officials.
China has a different form of government from the United States. This government is based on communism. As such it has a different view of how people should be treated. For example, the Chinese believe that the country or motherland must always come first. In the United States the individual has that role in most cases.
They also believe in providing for their citizens from the cradle to the grave. In order to provide for this " safety net" the Chinese have a system in which everyone works for the country so that the country can provide for everyone. This is quite the opposite of capitalism, which is the system in the United States. In the American system there are no Constitutional laws for the country to provide jobs, apartments, or retirement to all members of society.
Compare the US amendments to the Chinese and see if the American document promises anything to its workers.
(Teacher Note: Have the students work in groups and look at the Amendments and the Articles as they search for evidence that one country is communist and the other gives more rights to the individual. Look at the Chinese Articles and find proof of that statement. (appendix C)
The Chinese system advocates a system where political officials and not the judicial system are part of that Asian country's attempt to govern itself. There is a great emphasis on peer pressure and collective responsibility for behavior to control deviations from the accepted belief. This system of political behavior gives rise to making groups responsibly for the actions of the individual. For example, during a recent uprising in support of Democracy the government officials brought in troops from the countryside to put down the movement for fear the that local troops would agree with their friends. When the trial of those arrested for demonstration for democracy it was not their personal behavior that were considered hostile, but their actions as they would allegedly endanger China that were put on trial. The populace was treated with a government interested in protecting itself from change and using the Fundamental Rights and Duties of Citizens listed in The Chinese Constitution such as Article 41 whic h gives them the right to criticize and make suggestions to any state office. The excuse offered by the government is that the demonstration was not the proper method of expression and that the rights of others were infringed upon.
Look for other Articles that would make it legal to imprison anyone who want to change the system or the motherland?
In any other example, an American citizen of Chinese descent was arrested and convicted of anti-China statements made while he lived in the United States. Article 50 states that the government is responsible for protecting the lawful rights and interest of returned overseas Chinese and of family members of Chinese nationals residing abroad. Through interpretation this could be taken to mean that China's government was protecting itself even though the statements were made by an American in the United States.
How does Article 33 deal with this man's claim that he was an American? Article 51 through 55 are especially interesting in this regard. Each of these calls for China to be protected. How could they be used to convict someone of crimes even though they lived in another country?
Finally compare Articles 43, 46, 47, 50, 51, 52, 53, 54, 55, SE with the 28 amendments to the Constitution and note any similarities.
Which Articles do you feel protect the government and which ones protect the individual. Compare that with the amendments; which protect the government and which protect the individual. Wh3T is there such a difference?
Which of the Articles do YOU feel you admire the most and why? Which one do you find the most threatening and why?
Which article comes closest to an amendment and why? ( see appendix D) How many of these amendments relate to voting and elections? Why do you think that is important in the United States of America?
Extra credit: Write a letter to the Chinese consulate and ask them a questions regarding the Articles. You must address the letter to one of the addresses below:
Confucian Rules to Live By
Most Chinese follow a set of beliefs written by a man named Confucius. This philosophy reflects how many treat others and try to achieve a sense of balance and harmony. Here are a few of the beliefs associated with Confucianism:
Currently his ideas are under attack as being wrong. However, they have been ingrained in basic Chinese beliefs. Looking at some of the beliefs listed below they may seem current even though he lived from 551to 479 BC.
Here are some other sayings:
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The Fish as a Symbol
In Chinese tradition the fish is considered to be a very important symbol. The word for fish in Mandarin is Yu, almost the same sound as the word for abundance. The similarities are not last as fish are considered a good omen and fish is served frequently at formal banqusts.
The fish is also associated with water which is a symbol of freedom. The fish also has the quality of persistency. One story is about a carp who worked hard and finally jumped the natural falls of the yellow River to become a dragon.
The Buddhist symbol of a fish is a wooden clapper formed in the shape of fish bones. The fish is silent and is considered submissive to Buddha at all times. The clapper is used to focus concentration during meditation.
The fish is also considered a symbol of harmony when given as a pair and so is a good marriage gift or anniversary present.
Above all, the fish is given the characteristics of hard work. This trait is also encouraged in Chinese students. Fish or drawing or symbolic work is sent to those studying for the very important Imperial Examinations and also as a sign of congratulations. These examinations determine the future education for many Chinese. It is very important to do well not only to get into a superior school, but to "save face" or enhance the reputation of the family. This saving face is very important for Chinese as they are very proud of their families and the accomplishments of their children.
What traits of hard work do you notice in the Chinese Constitution? Do you notice any similar notions in the Amendments?
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Buddhism
In general, 'Buddha' means 'Awakened One', someone who has awakened from the sleep of ignorance and sees things as they really are. A Buddha is a person who is completely free from all faults and mental obstructions. There are many people who have become Buddhas in the past, and many people will become Buddhas in the future.
The Buddha who is the founder of the Buddhist religion is called Buddha Shakyamuni.'Shakya' is the name of the royal family into which he was born, and 'Muni' means 'Able One'. Buddha Shakyamuni was born as a royal prince in 624 BC in a place called Lumbini, which was originally in northern india but is now part of Nepal. His mother's name was Queen Mayadevi and his father's name was King Shuddhodana.
One night, Queen Mayadevi dreamed that a white elephant descended from heaven and entered her womb. The white elephant entering her womb indicated that on that very night she had conceived a child who was a pure and powerful being. The elephant's descending from heaven indicated that her child came from Tushita heaven, the Pure Land of Buddha Maitreya. Later, when she gave birth to the child, instead of experiencing pain the queen experienced a special, pure vision in which she stood holding the branch of a tree with her right hand while the gods Brahma and Indra took the child painlessly from her side. They then proceeded to honour the infant by offering him ritual ablutions.
When the king saw the child he felt as if all his wishes had been fulfilled and he named the young prince 'Siddhartha'. He invited a Brahmin seer to make predictions about the prince's future. The seer examined the child with his clairvoyance and told the king 'There are signs that the boy could become either a chakravatin king, a ruler of the entire world, or a fully enlightened Buddha. However, since the time for chakravatin kings is now past it is certain that he will become a Buddha, and that his beneficial influence will pervade the thousand million worlds like the rays of a sun.
As the young prince grew up he mastered all the traditional arts and sciences without needing any instruction. He knew sixty-four different languages, each with their own alphabet, and he was also very skilled at mathematics. He once told his father that he could count all the atoms in the world in the time it takes to draw a single breath. Although he did not need to study, he did so to please his father and to benefit others. At his father's request he joined a school where, in addition to studying various academic subjects, he became skilled at sports such as martial arts and archery. The prince would take every opportunity to convey spiritual meanings and to encourage others to follow spiritual paths. At one time, when he was taking part in an archery contest, he declared 'With the bow of meditative concentration I will fire the arrow of wisdom and kill the tiger of ignorance in living beings.' He then released the arrow and it flew straight through five iron tigers and seven trees before disappearin g into the earth! By witnessing demonstrations such as this, thousands of people developed faith in the prince.
Sometimes Prince Siddhartha would go into the capital city of his father's kingdom to see how the people lived. During these visits he came into contact with many old people and sick people, and on one occasion he saw a corpse. These encounters left a deep impression on his mind and led him to realize that all living beings without exception have to experience the sufferings of birth, sickness, aging, and death. Because he understood the laws of reincarnation he also realized that they experience these sufferings not just once, but again and again, in life after life without cessation. Seeing how all living beings are trapped in this vicious circle of suffering he felt deep compassion for them, and he developed a sincere wish to free all of them from their suffering. Realizing that only a fully enlightened Buddha has the wisdom and the power to help all living beings in this way, he resolved to leave the palace and retire to the solitude of the forest where he would engage in profound meditation until he attained enlightenment.
When the people of the Shakya kingdom realized that the prince intended to leave the palace they requested the king to arrange a marriage for him in the hope that this would cause him to change his mind. The king agreed and soon found him a suitable bride, the daughter of a respected Shakya family, Yasodhara. Prince Siddhartha, however, had no attachment to worldly -es because he realized that objects of attachment are like poisonous flowers, which initially appear to be attractive but eventually give rise to great pain. His resolve to leave the palace and to attain enlightenment remained unchanged, but to fulfil his father's wishes and to bring temporary benefit to the Shakya people, he agreed to marry Yasodhara. However, even though he remained in the palace as a royal prince, he devoted all his time and energy to serving the Shakya people in whatever way he could.
When he was twenty-nine years old the prince had a vision in which all the Buddhas of the ten directions appeared to him and spoke in unison saying 'Previously you resolved to become a Conqueror Buddha so that you could help all living beings trapped in the cycle of suffering. Now is the time for you to accomplish this.' The prince went immediately to his parents and told them of his intention: 'l wish to retire to a peaceful place in the forest where I can engage in deep meditation and quickly attain full enlightenment. Once I have attained enlightenment I shall be able to repay the kindness of all living beings, and especially the great kindness that you have shown me. Therefore I request your permission to leave the palace.' When his parents heard this they were shocked, and the king refused to grant his permission. Prince Siddhartha said to his father 'Father, if you can give me permanent freedom from the sufferings of birth, sickness, ageing, and death I shall stay in the palace; but if you cannot I must leave and make my human life meaningful.'
The king tried all means to prevent his son from leaving the palace. In the hope that the prince might change his mind, he surrounded him with a retinue of beautiful women, dancers, singers, and musicians, who day and night used their charms to please him; and in case the prince might attempt a secret escape he posted guards around the palace walls. However, the prince's determination to leave the palace and enter a life of meditation could not be shaken. One night he used his miracle powers to send the guards and attendants into a deep sleep while he made his escape from the palace with the help of a trusted aide. After they had traveled about six miles, the prince dismounted from his horse and bade farewell to his aide. He then cut off his hair and threw it into the sky, where it was caught by the gods of the Land of the Thirty-three Heavens. One of the gods then offered the prince the saffron robes of a religious mendicant. The prince accepted these and gave his royal garments to the god in exchange. I n this way he ordained himself as a monk.
Siddhartha then made his way to a place near Bodh Gaya in India, where he found a suitable site for meditation. There he remained, emphasizing a meditation called 'space-like concentration on the Dharmakaya' in which he focused single-pointedly on the ultimate nature of all phenomena. After training in this meditation for six years he realized that he was very close to attaining full enlightenment, and so he walked to Bodh Gaya where, on the full moon day of the fourth month of the lunar calendar, he seated himself beneath the bodhi tree in the meditation posture and vowed not to rise from meditation until he had attained perfect enlightenment. With this determination he entered the space-like concentration on the Dharmakaya.
As dusk fell, Devaputra Mara, the chief of all the demons, or maras, in this world, tried to disturb Siddhartha's concentration by conjuring up many fearful apparitions. He manifested hosts of terrifying demons, some throwing spears, some firing arrows, some trying to burn him with fire, and some hurling boulders and even mountains at him. Siddhartha however remained completely undisturbed. Through the force of his concentration, the weapons, rocks, and mountains appeared to him as a rain of fragrant flowers, and the raging fires became like offerings of rainbow light.
Seeing that Siddhartha could not be frightened into abandoning his meditation, Devaputra Mara tried instead to distract him by manifesting countless beautiful women, but Siddhartha responded by developing even deeper concentration. In this way he triumphed over all the demons of this world, which is why he subsequently became known as a 'Conqueror Buddha'.
Siddhartha then continued with his meditation until dawn, when he attained the vajra-like concentration. With this concentration, which is the very last mind of a limited being, he removed the final veils of ignorance from his mind and in the next moment became a Buddha, a fully enlightened being.
There is nothing that Buddha does not know. Because he has awakened from the sleep of ignorance and has removed all obstructions from his mind, he knows everything of the past, present, and future, directly and simultaneously. Moreover, Buddha has great compassion which is completely impartial, embracing all living beings without discrimination. He benefits all living beings without exception by emanating various forms throughout the universe, and by bestowing his blessings on their minds. Through receiving Buddha's blessings, all beings, even the lowliest animals, sometimes develop peaceful and virtuous states of mind. Eventually, through meeting an emanation of Buddha in the form of a Spiritual Guide, everyone will have the opportunity to enter the path to liberation and enlightenment. As the great Indian Buddhist scholar Nagarjuna said, there is no one who has not received help from Buddha.
Forty-nine days after Buddha attained enlightenment the gods Brahma and Indra requested him to teach, saying:
O Buddha, Treasure of Compassion, Living beings are like blind people in constant danger of falling into the lower realms. Other than you there is no Protector in this world. Therefore we beseech you, please rise from meditative equipoise and turn the Wheel of Dharma.
As a result of this request, Buddha rose from meditation and taught the first Wheel of Dharma. These teachings, which include the Sutra of the Four Noble Truths and other discourses, are the principal source of the Hinayana, or Lesser Vehicle, of Buddhism. Later, Buddha taught the second and third Wheels of Dharma, which include the Perfection of Wisdom Sutras and the Sutra Discriminating the intention respectively. These teachings are the source of the Mahayana, or Great Vehicle, of Buddhism. In the Hinayana teachings Buddha explains how to attain liberation from suffering for oneself alone, and in the Mahayana teachings he explains how to attain full enlightenment, or Buddhahood, for the sake of others. Both traditions flourished in Asia, at first in india and then gradually in other surrounding countries, including Tibet. Now they are also beginning to flourish in the West.
The reason why Buddha's teachings are called the 'Wheel of Dharma' is as follows. It is said that in ancient times there were great kings, known as chakravatin kings, who used to rule the entire world. These kings had many special possessions, including a precious wheel in which they would travel around the world. Wherever the precious wheel went, the king would control that region. Buddha's teachings are said to be like a precious wheel because wherever they spread, the people in that area have the opportunity to control their minds by putting them into practice.
'Dharma' means 'protection'. By practicing Buddha's teachings we protect ourselves from suffering and problems. All the problems we experience during daily life originate in ignorance, and the method for eliminating ignorance is to practice Dharma.
Practicing Dharma is the supreme method for improving the quality of our human life. The quality of life depends not upon external development or material progress, but upon the inner development of peace and happiness. For example, in the past many Buddhists lived in poor and underdeveloped countries, but they were able to find pure, lasting happiness by practicing what Buddha had taught.
If we integrate Buddha's teachings into our daily life we shall be able to solve all our inner problems and attain a truly peaceful mind. Without inner peace, outer peace is impossible. If we first establish peace within our minds by training in spiritual paths, outer peace will come naturally; but if we do not, world peace will never be achieved, no matter how many people campaign for it.
Buddhism, or Buddhadharma, is Buddha's teachings and the inner experiences or realizations of these teachings. Buddha gave eighty-four thousand teachings. All these teachings and the inner realizations of them constitute Buddhism.
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Chinese Students' Report Cards
Every child in China has a report card which is based on Rules of Conduct for Pupils. These are the moral standards for the school. They are:
Your final assignment is to draw up a Bill. of Rights for your family and get every member to sign. To accomplish this you will have to work out compromises as did the Founding Fathers. In addition, your ten amendments will reflect the needs and wants and desires of your family. Thus your culture and values will be part of the thinking that goes into the creation of this document. Remember that the Bill of Rights must be based on either the American system of amendments or the Chinese system of Articles.
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Appendix A Language
Chinese words are written in the Pinyin or romanizations system which is the way that the Chinese language can be mitten in the Roman alphabet. Previously, they had been written in the Wade-Giles romanization system. This has caused some changes such as Qin Shihuangdi instead of Ch'in Shih-huang ti for the first emperor's name.
Chinese (Mandarin) is a tonal language. Mandarin has four tones. The first is a steady high tone. The second is a mid-range tone which rapidly rises. The third tone starts at mid-rant and dips to a low pitch and then rises. The fourth tone starts high and falls rapidly.
These tones change the meanings of the word dramatically. For example:
ma...first tone means mother ma...second tone means hemp ma...third tone
means horse ma...fourth tone means scold.
Appendix B: Presidential Libraries
Appendix D: Amendments
America's Constitutional Amendments
Use your book to help you complete each of these amendments to the Constitution. Finish each amendment.
References
Some data for this work came from the Superintendent of Instruction of Washington.
Recent Books about Asia and Asians that Feature Middle School Aged Students
Bill of Rights and Constitution
Teacher's Note
The next pages have an assignment that features the comparison of the
Preamble of the Republic of China's Constitution with that of the United
States. It is recommended that the students memorize the US Preamble before
this assignment is given. The students should be given memory devices to
help them in this task and they could even be allowed to use abbreviated
notes.
You may also wish to have the students compare the articles in the People's Republic Constitution to the Republic of China's Constitution and that of the United States Constitution. The last pages of this section are devoted to the Preamble to the People's Republic of China's Constitution so that the students can compare the US Constitution to that of a socialist country as well as that for the Taiwan government.
Preambles from the Following:
The State of California clearly calls for the use of primary documents in teaching social studies and history. As such, all of the constitutions in this unit of study qualify. Furthermore, they add the possibility of extending the Past, Present and Future concept of a Story Well Told by enabling the students to compare documents and project into the future using both the Oceania Constitution and the Federation of Planets preamble.
The Asian countries can not be understood unless time is spent looking at their constitutions. The Confucius based Korean Constitution is clearly different than the 1949 Japan Constitution. Why?
Stressing the human rights aspects of each of these constitutions also gives students the opportunity to explore the political systems. A quick look at Vietnam's constitution in comparison to Singapore reveals great gaps in the way Asians govern their country and helps eliminate stereotyping.
A vast array of materials on constitutions is available on the Internet from Hamburg. There are several also available by just searching for Constitution. For additional information and sources contact Alan Haskvitz as 9655 Carrari Court, Alta Loma, CA 91737
Some Ideas on the Use of the Various Preambles
The Preambles are designed to be used by students in a variety of ways. They can be compared and contrasted by content, land area, religion, and political system. They can also be used to generate critical thinking assignments. For example, the country names can be used from the Preambles and the students select the one they feel best sums up their feelings. They can justify it with an essay. Finally, they can be given the name of the country and try to draw conclusions from their observations right or wrong.
In addition, students can vote on the best one and have to draw up an advertisement or radio message to promote their selection. Students can even look at the Federation of Planets Preamble and compare it to their own.
To which country do these Preambles belong?
Possible Answers: Singapore, South Africa, United States, Confederate States, The Vatican, Hong Kong, New Zealand, Japan, Canada, Korea, Australia, France, Germany, England, India.
This is a universal principle of mankind upon which this Constitution is founded. We reject and revoke all constitutions, laws ordinances, and prescripts in conflict herewith. We, the people, desire peace for all time and are deeply conscious of the high ideals controlling human relationship and we have determined to preserve our security and existence, trusting in the justice and faith of the peace-loving peoples of the world.
We desire to occupy an honored place in an international society striving for the preservation of peace, and the banishment of tyranny and slavery, oppression and intolerance for all time from the earth. We recognize that all peoples of the world have the right to live in peace, free from fear and want. We believe that no nation is responsible to itself alone, but that laws of political morality are universal; and that obedience to such laws is incumbent upon all nations who would sustain their own sovereignty and justify their sovereign relationship with other nations.
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