Channels, Fall 2019

Page 10 Wilt • It Wasn’t Supposed to be Easy the meaning of the United States Constitution – the supreme law of the land – as it was originally written” (Forte). Forte believes the “Constitution of 1787 is as much a constitution for us as it was for the Founding generation.” Additionally, Forte posited a list of components that would serve as guiding principles in ascertaining original intent: “the evident meaning of the words”; “the meaning according to the words by the Framer suggesting the language”; “the words in the context of political philosophy shared by the Founding generation…”; “the commentary in the ratification debates”; “the subsequent historical practice by the Founding generation to exemplify the understood meaning”; and, “evidence of long-standing traditions,” among many others (Forte). Forte’s developed components will serve as the driving principles by which the analysis will be conducted. Finally, one must identify the evaluation criteria to establish a common understanding on the various forms of consideration senators place in evaluating judicial nominees. ‘Judicial temperance’, as written by separation of powers scholar for the Library of Congress Barry J. McMillion, refers to “a personality that is evenhanded, unbiased, impartial, courteous yet firm, and dedicated to a process, not a result” (McMillion, “President’s Selection,” 12). Additionally, ‘professional qualifications’ of judicial nominees can refer to a number of things: biographical information; financial disclosures; prior experiences; professional positions and prior judgeships or clerkships; prior judicial rulings, opinions, and dissents, among others. Early Writings For the purposes of this research project, various early writings will be cited in order to fully ascertain the intentions of the Founders. Such early writings include the Appointments Clause, the Federalist Papers, manuscripts and letters between various Founders and Constitutional Convention delegates, and the Constitutional Convention proceedings. The Federalist Papers are a collection of eighty-five essays submitted to newspapers in New York to persuade voters and delegates to attend the Constitutional Convention and support the ratification of the newly proposed Constitution. James Madison, John Jay, and Alexander Hamilton contributed to the overall argument by asserting why certain sections were included in the final document and why others were excluded. Moreover, early writings from James Madison, James Wilson, George Washington, and Thomas Jefferson will be cited for the purposes of better understanding what the Founders believed the appointments process to look like. Finally, Max Farrand’s Records on the Constitutional Convention Proceedings (vol. I-III) will be utilized to refer to the development of the Appointments Clause and appointment power. Methodology Throughout the research process, two pertinent forms of qualitative methodology will be deployed for a conclusive review of the Framers’ intentions: content analysis and a historic analysis by way of a case study. Content analysis, according to Lune and Berg, is “a careful, detailed, systematic examination and interpretation of a particular body of material in an effort to identify patterns, themes, assumptions and meanings” (172). By using content analysis, one can critically evaluate and analyze the development of the Constitutional Convention proceedings and developments, the Federalist Papers, and other manuscripts for key insights. Specific subset writings will be focused