The message of my book is that the Supreme Court nomination process now looks like an electoral campaign, which is a departure not only from the process the framers envisioned but also from the one the nation followed, for the most part, for nearly 200 years.
Brandeis argued that the framers knew that Americans wanted protection from governmental intrusion not only for their property but also for their thoughts, ideas and emotions.
German works councils are viewed as an exemplary voice institution by (one of) the framers of the collective voice model (see Freeman and Lazear 1995), not only because of their informational and governance functions but also because of the legal limits placed on their authority.
Faithfully applying our Constitution's 18th- and 19th-century text to 21st-century problems requires not only careful attention to the text, fidelity to the framers' goals and respect for precedent, but also an awareness of the practical realities of the present.
But once we accept that they are only human, one must also assume that the framers of our Constitution meant that through lifetime appointment to this highest judicial body of our land, they intended not only to encourage judicial independence, but also to provide a flywheel of continuity over the course of many executive administrations.
The framers believed that the most dangerous branch would be the federal legislature and that the separation of powers should apply not only to the federal branches but also to the federal government and the states.
The Framers, not being simple, did not subordinate all values to simple majority rule.
The framers worried that a standing army at the president's beck and call would encourage him to subvert legislative independence by force, and so the Second Amendment gave Americans a right to bear arms in order to form well-ordered militias that would protect "a free state" - not only from the incursions of foreign powers but also from an overweening central government.
Not surprisingly, the Framers did not consider this a "search".
In other words, the framers did not mean to freeze America in a single historical moment by dictating that only the legal or political outcomes they expected should be seen as legitimate for all time to come.
