Chapter 142 Constitution Drafting

When the first draft of the constitution was issued, I showed it to him, and I couldn't read it until I finished reading it. The things he hated were not less.

Yuan Shikai thought, it seems that the drafting of this constitution is also a very troublesome matter, and it cannot be completed in a short time. This means that the "Provisional Covenant" cannot be completed immediately, so how is this good?

Yuan Shikai didn't want this "Temporary Covenant" to dangle in front of his eyes for a day.

I don't know which of his henchmen gave him an idea. First easy and then difficult, first simple and then complex. Isn't the "Provisional Covenant" unpleasant to the eye? Isn't it just a revision?

When Yuan Shikai heard this, he felt that this was really a good idea, so he proposed a draft amendment to the "Covenant Law" to the House of Representatives.

The reason given is: "The state affairs are dwindling day by day, the government affairs are getting worse day by day, and the emaciation of my 40,000,000 compatriots is becoming more and more like this, all because of the shackles of the Covenant." ……

"Chapter IV concerning the powers and powers of the President shall apply to the difficulties which the President pro tempore has perceived. If it were to be applied to the official president, the difficulties would be even greater. If the pain of all these difficulties is only extended to the president of the University, how can it be difficult to make up for the art of filling the seams, and to deal with each other;

"It is not as good as our people who want to be governed, and each of them carries the weight of his life and property, in order to protect his contempt. The fact that the President is bound to the "Covenant Law" is no less than the weight of the lives and property of our 40,000,000 compatriots, and they are also bound to the "Covenant Law"!

"The President of the Great People's Republic of China has no record, and his body is still in place, and he will never dare to maintain the false name of the "Covenant Law" again, causing the mourning of our people and the real disaster of the implementation of the "Covenant Law."

Immediately afterwards, he raised the issue of the right to promulgate the Constitution to the Parliament. It is clear that the power to proclaim the Constitution belongs to the President. The parliament only has the power to draft and agree on the constitution, but does not have the power to promulgate it.

He relied on the Provisional Statute, which seems to be not useless, and there are times when it will be useful to him.

Didn't the "Great Presidential Election Law", which was just used, be promulgated by the Constitutional Assembly? Isn't it also in effect? How can this be explained?

If it is said that the "Great Presidential Election Law" is not promulgated by the president, it is invalid. Is the president elected under the "Great Presidential Election Law" also invalid? Isn't that a recipe for a series of troubles?

The reason given by Yuan Shikai was that the Constitutional Assembly promulgated the "Great Presidential Election Law" on its own, which "is obviously inconsistent with the provisions of the Provisional Constitution Law and the Organic Law of the National Assembly." However, judging from the current overall situation, internal and external troubles have come one after another, and the friends and gangs admit the problem, and they are determined by whether or not a formal presidential election can be held. It was to receive permission to come to the consultation, and it was not necessary to pass the "Provisional Covenant Law" and the "Organic Law of the National Assembly". ”

In other words, although the promulgation of the "Great Presidential Election Law" by the Constitutional Assembly on its own was contrary to the "Provisional Constitution Law" and the "Organic Law of the National Assembly", the situation at that time was special and the matter was urgent, so it was not possible to blame it too much.

It has already been announced, and there is no need to pursue it further. Yuan Shikai's words in his heart may not have been spoken, anyway, he was chosen, no matter what, it is easy to say, if it is someone else, then this law may be invalid. Perhaps, Yuan Shikai still has a mystery hidden here, and he still has a hand.

Next, Yuan Shikai pointed out solemnly; If this silence is kept silent for a long time, it will not only make the Republic of China parliament suspected of destroying the "Covenant Law", but also may cause the people of the whole country to gradually start the "Covenant Law". …… The Constitutional Assembly has hastily exercised this power of declaration, and its contempt for the power of the President is still very small, so it violates the fundamental "Covenant Law" of the Republic of China, and has a huge impact. ”

What does it mean, you can be forgiven for being wrong once, but you can't be wrong again and again. Contempt for the power of the president may not be a big deal, but it is absolutely not okay to violate the "Covenant Law" and shake the foundation of the country.

Here, we can see how meticulous and unswerving Yuan Shikai is to maintain the "Covenant Law" when the provisions of the "Covenant Law" are beneficial to himself!

If someone asks him, do you still know that there is a "covenant law"? Do you still know that the Covenant is the foundation of the nation? Why didn't you remember the law when you killed Zhang Zhenwu? When you were engaged in large-scale borrowing in the aftermath, did you think of the covenant law? You sent so many plainclothes military police into the congressional election venue to make trouble, have you ever thought of the "Covenant Law"? When there are so many crimes in the "Covenant Law", why didn't you think of shaking the foundation of the country?

If someone really asked Yuan Shikai like this, I really don't know how he would answer.

With regard to Yuan Shikai's proposal to amend the "Covenant Law," the National Assembly held that the Constitution was being revised and that there was really no need to amend a temporary Covenant Law.

Yuan Shikai's proposal for additions and revisions was also ignored by the National Assembly.

Regarding his proposal for the right to promulgate, the National Assembly said that the constitution is still being drafted and it is not yet time to talk about the right to promulgate.

When Yuan Shikai learned about it, he was annoyed and angry. The National Assembly was informed that eight members had been dispatched, Shi Yu, Gu Ao, Rao Mengren, Li Yuan, Fang Shu, Cheng Shude, Kong Zhaomiao, and Yu Qichang, to present their views on the Constitution on their behalf.

The following message was sent to the Unanimous Constitutional Conference:

"For consultation: Check the Organic Law of the National Assembly: The Constitution of the Republic of China is drafted and agreed upon by the Assembly of the Republic of China. The Constitution Drafting Committee of the Republic of China and the Special Constitutional Conference were organized by the Assembly of the Republic of China. President General Assembly is deeply aware of the hardships of the founding of the Republic of China and the difficulties in its construction, and hopes that the constitutional bill that has a bearing on the foundation of the country can be completed at an early date, with a view to the development of republican politics.

"However, the Provisional Statute states that the President has the power to add to the Statute. Before the constitution was enacted, the law had the same effect as the constitution, so if the president was given this privilege, the use of national power would be prone to bias; Moreover, the rise and fall of the country's governance and chaos will rise and fall with the fundamental Dafa.

"The president is both a representative of the government. If the government is in charge of government affairs, and the great law that is related to the rise and fall of the country's chaos cannot be expressed with a certain intention, so that the people who discuss the law can compromise with it, then the danger that occurs in the fundamental law of the state will inevitably brew invisible, or even remedy, is it the original intention of the state to formulate the fundamental law?

"The president of this congress has served as the interim president for more than a year, and the administration is sweet and bitter, and he knows more about the people's suffering, and he is more truthful about the sufferings of the people. Now that he is the president, he will be responsible for implementing the constitution drafted by the parliament of the Republic of China in the future. In the case of the establishment of the Republic, the President of the Republic of China was fortunate to be in the midst of it, and now he has been elected by the people and has taken on this important responsibility, and he has no knowledge of the constitutional canon of the fundamental organization of the Republic of China, or he has not said everything, and he is loyal to the will of the Republic of China.

"President Ziben hereby sincerely makes a statement on the Constitution of the Republic of China, and hereby sends members of the State Council Shi Yu, Gu Ao, Rao Mengren, Li Yuan, Fang Shu, Cheng Shude, Kong Zhaoyan, and Yu Yichang to represent the views of the President; Subsequently, when your session is held, either the Constitution Drafting Committee or the Constitutional Review Council is held, you are grateful to inform the State Council in advance so that the members and others can attend and present their presentations at any time. Accordingly, please consult your meeting, please take the trouble to check it. ”

People of insight in the Constitution Drafting Committee saw Yuan Shikai so grossly interfering and ignoring legislation. On the-for-tat side, the Kuomintang and the Progressive Party joined forces, and the former Kuomintang members Zhang Yaozeng, Gu Zhongxiu, Tang Yi, Zhong Caihong, and Yang Yongtai, and the former Progressive Party members Ding Shiyi, Lan Gongwu, Liu Chongyou, Li Guozhen, and Wang Pengnian initiated and organized the establishment of the Democratic Constitutional Party.

The party's mission is to "safeguard the republic and uphold constitutional government." He advocated "practicing constitutional politics and opposing the establishment of the party for personal gain", and declared: "We have the duty of loyalty to the country, and we will do our best to maintain and protect those who shake our democratic state."

He expressed his determination to make an independent constitution and jointly confronted the pro-Yuan Progressive Party and the Civic Party. Since it was jointly initiated by some members of the National Party and the Progressive Party, it shows that it is a political party that emphasizes political views over the party.

The next day, before the Constitutional Conference could reply, the eight people sent by Yuan Shikai had already arrived at the venue of the Constitutional Conference.

The Constitutional Assembly held that the nature of the meeting was different from that of the Second Congress, and that the President had no right to propose proposals for the meeting, and therefore there was no reason to send personnel to attend and give explanations. At the same time, the Constitutional Drafting Committee held that the Constitution. There is no legal basis for government officials to attend the constitutional drafting meeting. Moreover, the rules for drafting the constitution stipulate that except for the members of the second session, personnel of other organs can neither attend the meeting, nor can they observe, let alone express their opinions. For Yuan Shikai's approach, he sternly refused. He also ignored Yuan Shikai's message.

Yuan Shikai, who was unwilling to fail, took out his usual tricks and mobilized all the princes below to attack the constitutional assembly.

In a telegram to his subordinate civil and military officials, he declared: "The formulation of the constitution is related to the survival of the Republic of China, and how it should be deliberated carefully and strive for completeness; It is because the Kuomintang has many saboteurs, and at the beginning, they registered the political party as a tiger, endangered the country, and subverted the government. The facts are there, and there is no denying it. In the current constitution drafting committee, the majority of the members of this party are members of the constitution, and when they hear about the draft constitution, there are many people who hinder the state. ……

"How dare the President remain silent when he sees that he has been entrusted with the task of protecting the country and saving the people, and that he has violated the constitution of the republican form of government and has a great impact on the rise and fall of the country's governance. Provisional Statute, the President has the power to propose amendments to the Statute;

"And when the United States agreed on the Constitution, Washington acted as Speaker of the Second United Conference of Independent Colonial Representatives, although few proposed, and the provision that the Nationalists should be one in the House of Representatives was what Washington advocated; When the French constitution was formulated, McMahon was elected as the official president, and the foreign minister, Bloy, was instructed to submit a draft constitution to the National Assembly, which is the original bill in force in France. There are precedents to be invoked for this law, the first president of the United States, and the Constitution, and the special commissioner went to the Congress to state his views in order to do his best to protect the country and save the people. There are many fallacies in the draft, and on the one hand, it has been invited to gather foreign legalists for public discussion, and it should still be renewed at any time.

"All the civil and military chiefs are all members of the people, and each is responsible for protecting public order, and they do not know that they share the interests and disadvantages of the fundamental law of the country, so they hope to study and discuss each article one by one, and promptly report the telegram within five days, so as to make a choice."