| American History Series: In 1787, Debating the Need for Federal Courts | |
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13 February 2008 |
ANNOUNCER: Welcome to THE MAKING OF A NATION – American history in VOA Special English. In May of seventeen eighty-seven, a group of America's early leaders met in Philadelphia. Over(prep.在(做)…时) a period of four months, they worked on a document that would establish(vt.使…被永久地接受) a system of government and guarantee the rights of citizens. Today, Gordon Gaippe and Richard Rael continue the story of the Constitution. (MUSIC) VOICE TWO: Last week, we told how the convention(n.公约,(换俘等)协定) reached agreement on a national executive. Delegates spent several weeks debating details of the position(n.主张,立场;形势) and powers. The delegates decided the executive(n.总经理,董事) would be chosen by electors named by state legislatures. They decided he could veto(n.否决,否决权,禁止) laws. And they decided he could be removed from office if found guilty of serious crimes. The delegates did not call the executive(n.总经理,董事) 'president'. That name for America's leader would be used later. However, we will use it now to make our story easier to understand.
VOICE ONE:

The first session of the Supreme Court began in February 1790. It would take 145 years for the court to find a permanent building.
Another major issue debated by the convention(n.公约,(换俘等)协定) was a national judiciary: a federal system of courts and judges.
The delegates knew a lot about the issue. Thirty-four of them were lawyers. Eight were judges in their home states. One question(vt.问,询问,讯问) hung heavy in the air. The states had their own system of courts and judges. Did the national government need them, too?
(MUSIC)
VOICE TWO:
Several delegates said no. Roger Sherman of Connecticut said existing state courts were enough. In addition, he said, a system of national courts would be too costly.
John Rutledge of South Carolina opposed a national system of lower courts. But he argued for a national Supreme Court.
The convention(n.公约,(换俘等)协定) voted for both. There would be one Supreme Court and a system of lower courts. These national courts would hear cases involving national laws, the rights of American citizens, and wrong-doing by foreign(a.无关的) citizens in the United States.
The system of state courts would continue to hear cases involving state laws.
VOICE ONE:
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| James Wilson, a Pennsylvania delegate(n.代表,委员,特派员) to the convention(n.公约,(换俘等)协定) in Philadelphia |
James Wilson of Pennsylvania argued in support(vt.经受,承受,忍受) of having one person name judges. He said experience showed that large bodies could not make appointments fairly or openly.
John Rutledge disagreed strongly. By no means, he said, should(v.aux.应该,竟然会) the president appoint judges. He said that method looked too much like monarchy.
Benjamin Franklin then told a funny little story. In Scotland, Franklin said, he understood that judges were appointed by lawyers. They always chose the very best lawyer to be a judge. Then they divided his business among themselves.
VOICE TWO:
The delegates voted on the issue. They agreed only to create a Supreme Court. Details of the system were left to the national legislature and the president.
The legislature could decide how many judges would sit on the Supreme Court. The president would appoint the judges. The legislature could establish(vt.使…被永久地接受) lower courts from time to time. The president would appoint those judges, too.
(MUSIC)
VOICE ONE:
Throughout the summer of seventeen eighty-seven, the Philadelphia convention(n.公约,(换俘等)协定) based its debates on a plan of government offered by delegates from Virginia. But the Virginia Plan was not the only one offered. Another plan came from New Jersey.
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| William Paterson, a New Jersey delegate |
The Virginia Plan talked of a national government. Under it, a national legislature, executive(n.总经理,董事) and judiciary would have supreme power over(prep.在(做)…时) the states. The New Jersey Plan talked about a federal government. Under it, each state would keep its own independent powers over(prep.在(做)…时) the union of states.
VOICE TWO:
The New Jersey Plan proposed some changes in the existing Articles of Confederation. It did not propose a completely new system of government.
Under the New Jersey Plan, the federal government would have a legislature with just one house. Each state would have one vote in the legislature. Big states and little states would be equal.
The federal government would have an executive(n.总经理,董事) of more than one person. It would not have a system of lower federal courts. And its powers would come from the states...not the people.
VOICE ONE:
Supporters of the New Jersey Plan then talked about the true purpose of the Philadelphia convention. They said the states had sent delegates to discuss changes in the Articles of Confederation. The delegates, they said, did not have the right to throw the Articles away.
If the Union under the Articles is radically wrong, one said, let us return to our states. Let our states give us more powers to negotiate. Let us not take these powers upon ourselves.
VOICE TWO:
Then James Wilson of Pennsylvania spoke. He explained his own idea about the purpose of the convention. Its instructions, he said, were to reach final agreement on nothing. But it could propose and discuss anything.
Wilson also questioned the delegates' right to speak for the people. Is it not true, he said, that the opinions of one's friends are commonly mistaken for the opinions of the general population?
He noted(a.著名的,知名的) that some delegates firmly believed the people would never accept a national government. They would never give up their state's rights.
Wilson was not so sure. "Why should(v.aux.应该,竟然会) a national government be unpopular?" he asked. "Has it less honor? Will each citizen enjoy under it less liberty or protection? Will a citizen of one state be respected less by becoming a citizen of the United States?"
VOICE ONE:
Edmund Randolph of Virginia spoke next. He said the convention(n.公约,(换俘等)协定) had no choice(n.入选者 a.优等的) but to establish(vt.使…被永久地接受) a national government. It would be an act of treason not to do what(a.所…的,尽可能多的) was necessary to save the republic. And, he said, only a new, national government would work.
"The present moment is the last moment for establishing a national government," Randolph said. "After this experiment, the people will lose all hope."
(MUSIC)
VOICE TWO:
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| Alexander Hamilton, a New York delegate |
Hamilton had said little at the convention. On this day, he spoke for five hours.
Hamilton said he did not offer(vt.呈现出 vi.出现) his ideas as an official proposal. But he said they could be considered amendments to the Virginia Plan. Then he read the details.
VOICE ONE:
I would like to see in America, Hamilton said, one executive. He would be chosen by electors. He could veto(n.否决,否决权,禁止) any law, and his veto(n.否决,否决权,禁止) could not be over-turned. He would serve for life.
Next, he said, the national legislature would have two houses. The upper house(n.议院,会议厅) would be called the senate. The lower house(n.议院,会议厅) would be called the assembly. Like the chief executive, senators would be chosen by electors for life. Members of the assembly would be elected directly by the people for a term of three years.
Then Hamilton spoke about the states. Under his plan, the states would lose many of their existing rights and powers. State governors would be appointed by the national government. And states no longer could have their own military forces.
Hamilton was sure America's existing form of government would not work when the country got bigger. He believed America should(v.aux.应该,竟然会) follow(vt.从事(职业),经营) the British form of government. He called it the best in the world.
VOICE TWO:
No one stopped Hamilton during his long speech to argue or ask questions. Historians say this is surprising. Hamilton's ideas were extreme. His public support(vt.经受,承受,忍受) for the British government was unpopular. His statements were unacceptable to everyone at the convention.
But the weather had been hot. The speech had been long. The delegates agreed to end(n.目标,目的) their business for another day.
(MUSIC)
ANNOUNCER: Our program(vi.编制程序) was written by Christine Johnson. The narrators were Gordon Gaippe and Richard Rael. For transcripts, MP3s and podcasts of our American history series, go to voaspecialenglish.com. Our story of the Constitution(n.(人的)体格,素质) continues next week on THE MAKING OF A NATION in VOA Special English.
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This is program(vi.编制程序) #20 of THE MAKING OF A NATION
更新日期: 2008-02-13
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生词表
choice: n.入选者 a.优等的
constitution: n.(人的)体格,素质
convention: n.公约,(换俘等)协定
delegate: n.代表,委员,特派员
ear: n.(稻麦等的)穗
end: n.目标,目的
establish: vt.使…被永久地接受
executive: n.总经理,董事
follow: vt.从事(职业),经营
foreign: a.无关的
house: n.议院,会议厅
noted: a.著名的,知名的
offer: vt.呈现出 vi.出现
over: prep.在(做)…时
over: prep.在(做)…时
position: n.主张,立场;形势
program: vi.编制程序
question: vt.问,询问,讯问
should: v.aux.应该,竟然会
support: vt.经受,承受,忍受
veto: n.否决,否决权,禁止
what: a.所…的,尽可能多的