Whether history and what the Founding Fathers thought about things controls how we interpret the American Constitution is going to get another ride in the U.S. Supreme Court in the upcoming term. USA Today reports on the historical issues implicated in the case in which the justices will decide the constitutionality of the president making appointments during Congressional recesses: "For two centuries, presidents have found ways to get around Congress in order to fill important positions in their administrations. Now the Supreme Court is set to decide if what's common is constitutional. Sound backwards? Perhaps. When it comes to the law, however, history isn't always the best guide. Take prayer: When the justices in November debated the practice of opening government meetings with an invocation, which dates back to the framers of the Constitution, they were forced to consider whether that tradition trumps the separation of church and state. Or marriage: Presented last year with a modern interpretation of a male-female institution that Chief Justice John Roberts noted 'has been around since time immemorial,' the justices had a tough time justifying the exclusion of gays and lesbians. Now comes an epic balance-of-powers battle between the executive and legislative branches that only the judicial branch can resolve. On Monday, what's been billed as the marquee case of the high court's 2013 term will give the justices a chance to decide if George Washington and many of his successors violated the Constitution they swore to uphold."
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