American Constitutional History
GOVT 421-001
Spring Semester 2019
Exam 1
Carefully consider each of the following questions and be prepared to answer all of them in short answer
format. You will be writing your responses in your own blue booklet which you must purchase from the
bookstore. Five points will be deducted from your Exam if you fail to use a blue booklet.
The Exam will not contain questions unrelated to these unless presented for extra credit. To facilitate
reflective thinking, the Exam will also contain questions related to quotations found in early American
constitutional sources, or European sources to determine if you can tease out the main idea.
This review sheet has been delivered one-week in advance of the Exam, offering you ample time to
prepare. You are encouraged to tackle sections of the review sheet, presented as subject headings identical
with lecture handouts. Budget your time wisely to ensure a successful grade.
American Constitutional History: Determining Influence and the Relevance of Proto-Constitutions
1. As discussed in class, Donald Lutz, in his “The Relative Influence of European Writers on Late
Eighteenth-Century American Political Thought,” (1984) was able to determine a pattern of citations of
the entire founding (1760-1805) era of America, and hence, influence. First, what represents Lutz’s
methodology for determining European influence? Second, what book was most frequently cited during
the founding era? Third, which European author is most heavily cited justifying the break with England,
but not for constitutional/institutional design? Fourth, which two European authors are the most
prominently cited by the founding generation (especially among Federalists and Antifederalists) relative
to constitutional/institutional design/governmental processes during America’s founding era?
(1). If we are to make significant progress toward unravelling this matter of relative influence, it is
essential that we move beyond close textual analysis that assumes discipleship on the part of the person
whose text is under examination. Also, they read a lot of text and counted how many times each author
and each text were cited.
(2). The Biblical book of Deuteronomy was the most cited during America’s founding.
(3). John Locke was often cited to justify America’s break with England.
(4). Montesquieu and Blackstone were the most cited authors during the founding of America.
2. Be able to explain why the assumption that the American Constitutional Order and System begins
with the US Constitution (1787) is incorrect.
The separate features of the Constitution of the United States were well-known before I787, and were in
truth products of history, “proceeded,” if one pleases so to call it, from “progressive history.
1. Numerous Charters, Compacts, Contracts, a Combination, Letters-Patent, Fundamentals,
Documents of Political Union, and State Constitutions preceded the US Constitution of 1787.
2. British “Charters of Liberty” [Magna Carta (1215); Petition of Right (1628); English Bill of
Rights, (1689)] preceded the US Constitution of 1787 and textually influenced it, as did the preceding
constitutional and constitution-like documents.
3. What exactly is the nature of an American proto-constitution relative to American history
constitutional history? In this regard, what is the relationship between these proto-constitutions and the
US Constitution?
The Proto constitutions influenced the American Constitution of 1787. Many constitutions contained the
rights of Englishmen in them.
4. When considering historical epochs, the Protestant Christian Reformation, with its emphasis upon the
Biblical Christian Worldview, represents the most formative influence upon early American republican
(ecclesiastical and civil) institutions. Critical presuppositions such as the Sovereignty of God, Depravity
of Man, and Created “virtue” of man were inherent within this world view. Here are your questions:
(a.) What sort of Institutional structure and procedure is representative of these reformed
assumptions? Here, I am attempting to emphasize that covenantal tradition.
A holy commonwealth approach with a vertical arrangement.
Institutional Structure: Primarily “vertical” but also “horizontal” in nature
Institutional Structure:
Holy Commonwealth Arrangement or Covenantal Order and Procedure: Personal,
Ecclesiastical, Civil-Social
Civil Government - American Constitutional Order and System: A System of Ordered Liberty
(Federalism) and Limited Civil Government (Jurisdiction)
• Horizontal Diffusion of Power (Separation of Powers, Tripartite System of Checks and
Balances)
• Vertical Division of Power: National and State
(b.) What unique and peculiar American civil form, polity, or political tradition has been derived
from these assumptions?
Biblical Republicanism
(c.) Why is it incorrect, both historically and philosophically, to assert that America’s
constitutional history is a product of the democracies of Greece and Rome, despite the
classical education of many of the founders? Utilize Federalist 14 in support of your
argument.
First, the U.S. being a republic and a confederacy is not limited in space as were the turbulent
democracies of Greece and modern Italy. Also, in a democracy all men meet as one to decide
upon the best course of action, whereas in a republic they elect representatives who then vote
directly for the particular issues. In the first place it is to be remembered that the general
government is not to be charged with the whole power of making and administering laws. Its
jurisdiction is limited to certain enumerated objects, which concern all the members of the
republic, but which are not to be attained by the separate provisions of any.
America’s Background in the Reformation Heritage:
Advent of a New Hermeneutic and Reformed Christianity, Protestant Political Readings, and
Christian Humanism
1. A critical thesis for this course is that America’s heritage of religious and civil liberty, as well as her
republican institutions and unique political tradition of federalism, is fundamentally rooted in Europe’s
Protestant Reformation as well as seventeenth-century England. Be able to discuss evidence for such a
view in regard to the “New Hermeneutic, which also includes a discussion of the nature of scholarship for
a Christian Humanist. This question could also be phrased in the following ways: What is the relationship
between Biblical hermeneutics, Bible translation philosophy, and political theology? What is the general
significance of translating the Scriptures into the vernacular of the time of the early modern period on the
European Continent? What sort of consequences would occur relative to political theology and civil
institutions?
2. What is/was ‘Christian Humanism’?
Christian Humanism was a Renaissance movement that combined a revived interest in the nature of
humanity with the Christian faith. It impacted art, changed the focus of religious scholarship, shaped
personal spirituality, and helped encourage the Protestant Reformation.
3. What is the main thesis of John Adams’s Dissertation on the Canon and Feudal Law (1765)? Be able
to explain the key event which provoked Adams to pen this tract.
•It addresses the issue of ‘clerical and secular tyranny,’ that united into a ‘wicked confederacy,’ and
how the New England settlers specifically countered this dual despotism with religious and civil liberty,
which was institutionalized into separate jurisdictions.
John Adam’s “wicked confederacy” refers to the intermingling of two jurisdictions, I.e. the church using
the State to punish those who disagree with it. His purpose was to contrast the tyranny of the canon and
feudal law against New England’s heroic struggle for freedom.
John Adams wrote his “Dissertation on Canon and feudal law” in response to the “stamp act”; his
audience was fellow lawyers, and he wrote over more than just the “stamp act”.
4. What represents the key issues raised during the Protestant Reformation?
Who or what was the ultimate authority – Scripture (Sola Scriptura!) or the Roman Catholic Church?
Who or what would be in ultimate control? (Question of Political and Ecclesiastical Sovereignty)
5. One of the most significant dictums to be enunciated out of the Reformation was “the Bible applies to
the whole of life.” What does this mean, and why would this be critical to America’s founding?
Jurisdiction, or the lawful use of lawful authority, in regard to religious liberty and liberty of conscience.
All human relations, public or private, including the relationship between governors and the governed,
were to be informed by it. A holy commonwealth approach, which eventually transformed America into a
sovereign nation that is distinguished for its civil and religious liberty; an identity which continues to
differentiate her from the world community.
6. What is the general significance of Geneva Bible as to its unique contents as well as consequences?
It gave rise to a reformed political theology which tended to be antimonarchical in nature. Calvin’s
Reformed theology was indicated in the marginalia, and this Bible came to be highly respected for its
marginalia. The marginal notations in the side bars (marginalia) followed more reformed “Calvinist”
interpretations which ran counter to absolute civil authority.
Daniel Driesbach: Reading the Bible with the Founding Fathers:
Chapter 2 – “The English Bible and American Public Culture”
The English Bible has had a profound impact on American public culture. In cultures shaped by
Protestant Christianity, like seventeenth- and eighteenth-century American culture, there is a chain of
links connecting Reformation theology, the vernacular Bible, literacy education and education more
broadly, a print culture, and political self-government. This chapter surveys these connecting links before
turning its attention to the English Bible’s influence on the English language, literacy education,
American education more generally, and American legal culture and constitutional tradition. The chapter
also examines a debate in the early republic engaging prominent founders about whether the Bible
should be used as a textbook in schools. [Dreisbach, p. 23]
1. According to Dreisbach Christians from the Protestant Reformed tradition, especially, revere the
Bible as authority in all matters of Christian faith and practice. This is encapsulated in the popular
slogan of the Reformation, sola scriptura—“Scripture alone.” What is the significance of this statement
relative to the authority and relevance of the Roman Catholic Church? The translation of the Bible into
the vernacular?
By first of all, enabling the common layperson to read the Bible in their own language, as well as
encouraging it, they essentially made possible all sorts of interpretations which could differ from their
own. They also fostered the Protestant doctrine of Priesthood of all believers, thus undermining the
influence and authority of the Catholic Church.
2. According to Dreisbach, what was “Protestantism’s Dangerous Idea”? With this, how would this
impact the Church’s authority to interpret the Bible?
Priesthood of all believers and liberty of conscience as well as liberty of interpretation of Scripture. The
dangerous idea was that even the common plowboy could read and interpret scriptures, thus encouraging
potential heretical interpretations.
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