Upon an initial read of the Gauch’s article one might be inclined to feel conclusively that the Framers expected something approaching America’s modern political factionalism and designed the Constitution accordingly. A closer examination of Gauch’s arguments and several rereads of the article reveal the flaws in his evidence and methodology. The article’s conclusion still convinces the reader of Gauch’s hypothesis with the test case example presenting the most decisive element of the article.
A significant piece of hard evidence suggesting that the Framers supported the Senate’s authority to reject Supreme Court nominees on ideological grounds comes from the writings of Tench Coxe. Coxe had been a member of the Continental Congress and published his thoughts supporting Gauch’s hypothesis and “takes the view that the Senate can legitimately reject a presidential nominee because of that nominee's political views, even if those political views have little to do with the nominee's qualification” (356). While this writing does support the topic at hand the structure of these paragraphs suggests that Coxe is one of the Founding Fathers and his opinion represents their opinion. Coxe’s view is then supported by the notion that the inclusion of the Senate meant a decisive endorsement to ideological consideration for Supreme Court nominees by the Constitution’s drafters (357). Giving the Senate the ability to use ideology in nomination debates means the Framers intended ideology to be a factor. This statement is not fully supported as the essay goes on to reiterate the previous argument that the division between states at the time is akin to today’s party politics. And this statement, though I consider it a valid and major point, is possibly the strongest argument in the paper yet is not supported buy any of the research or methodology presented in the article. Gauch concludes this section of his article with the words “significant evidence” (358) and again alludes to Coxe as a Founder to the point of libel. Upon closer examination Gauch does not satisfactory conclude the central piece of his article.
While Gauch’s methodology appears weak upon closer...