The purpose of this chapter is to introduce you to the historical context
within which the U.S. Constitution was written and in particular to the colonists' quest for liberties they felt had been denied them under British rule. After
reading and reviewing the material in this chapter, you should be able to
do each of the following:
- Compare the American and French Revolutions of the same era with respect
to the ideals that motivated them.
- Explain the notion of higher law by which the colonists felt they were entitled
to certain natural rights. List these rights.
- Discuss the Declaration of Independence as a lawyer's brief prepared for court argument of a case.
- Compare what the colonists believed was a legitimate basis for government with what monarchies--such as that in Great Britain at the time--believed was a legitimate basis for government.
- List and discuss the shortcomings of government under the Articles of Confederation.
- Discuss the backgrounds of the writers of the Constitution, and explain why
these men tended to be rather mistrustful of the notion of democracy.
- Compare and contrast the Virginia and New Jersey plans, and show how they led to the Great Compromise.
- Explain why the separation of powers and federalism became key parts of the
Constitution. Hint: The Framers' intention was not to make the system more democratic, nor was it to make it more efficient.
- Show how James Madison's notions of human nature played an important role in the framing of the
Constitution.
- Explain why the Constitution did not include a bill of rights. Then explain why one was added.
- Explain why the Founders failed to address the question of slavery in a definitive
way.
- Discuss whether "women were left out of the Constitution."
- Summarize Charles Beard's analysis of the economic motivations of the Framers and the counteranalyses
of those who disagree with Beard.
- List and explain the two major types of constitutional reform advocated today, along with specific reform measures.
