In his book "The Last Empire," Gore Vidal critiques the Supreme Court, comparing its decision-making process to séances conducted with the ideas of the founding fathers. He expresses frustration over the Court's reliance on interpreting the original intentions of these historical figures, which he believes leads to confusion rather than clarity. Vidal implies that this approach detracts from a straightforward examination of the Constitution and the Bill of Rights as they stand today.
Vidal suggests that instead of engaging in metaphysical discussions about the founders' intents, the Supreme Court should focus on the text of the Constitution itself. By doing so, he argues, justices could ground their rulings in the actual documents that govern the nation, rather than trying to decipher the somewhat esoteric principles of long-gone politicians. This critique reflects a broader concern about how historical interpretation can influence contemporary legal decisions.