Abstract
No period in American history is more beloved to contemporary constitutional lawyers than one surrounding formation and ratification of Constitution-the brief span of years reverentially denoted as the Founding. An outpouring of recent research has enabled us to glimpse more and more of what various framers thought about particular constitutional provisions. Argument over Framers' meaning, meanwhile, has managed to generate vast amounts of sound and fury. Yet such argument has, in last analysis, only marginal potential to reshape our constitutional jurisprudence. For Founding, though glamorous, ultimately holds less sway over American constitutionalism today than more obscure and less celebrated period of Lochner Court (Lochner v. New York, 198 U.S. 45 [1905]). Moreover, Founding has not in more than a quarter century
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