Introduction and Historical Foundations

Apuntes

History and Overview This book concerns the constitutional law of the United States. As you will see in reading it, the book focuses mostly on how the Supreme Court has interpreted various provisions of the U.S. Constitution. This introductory chapter provides some background for understanding the Court’s cases. The chapter starts by describing the historical setting in which the Constitution came into being. It then briefly outlines the structure and content of the Constitution. Finally, it presents conflicting theories about how courts should interpret the Constitution. A. Historical Setting of the Constitution In the mid-1700s, the United Kingdom of Great Britain1 possessed a number of colonies in North America. Thirteen of these colonies later declared their independence and joined together to form the United States of America: Connecticut, Delaware, Georgia, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina and Virginia.2 What led these colonies to seek independence? What did they hope to accomplish in forming a new nation? How did they organize their government? These are questions that anyone studying the...