"Madison’s “harmonious system of mutual frustration,” as the historian Richard Hofstadter called it, survived in continuity through many changes. The constitutional debates of 1787–88 fed into the contests of political modernity, giving it new terms and new metaphors. The Constitution itself became a stake in the American version of the contest between liberalism and conservatism. Appointments to its legal guardian, the Supreme Court, were fought over in partisan terms by the White House and Senate. The justices decried the labels, which they said caricatured their work. For the bulk of legal disputes that reached them, the point was fair, but for the rarer but headline cases of deep political division and high constitutional controversy—slavery, business and labor, personal morals, institutional powers—the complaint missed the mark, as a historic record of reliable partisanship along liberal-left and conservative-right lines suggested."