The founders are dead. The people seem to be having a hard time deciphering what they stated. Just like all old books, everyone tends to decipher them in different ways and all think they are correct.
Exactly. They base their decision on the criteria of how they interpret historical documents. At least on the surface.
It is obvious that they ar basing their interpretation on apriori unstated criteria, even unstated apriori decisions a to what are right. Then they interpret documents to suit their decisions.
You will notice that this process has a unique characteristic in that their definitions always benefit themselve over others.
You can state that as a hypothesis with instrumuntal definitions and measures.