for similar reasons, there is no obvious way to ascertain how the current generation would like to modify the Act The failure of the sunset solution has two important lessons, however One is that the core of Jeffersons principle is not affected: even if a mandatory sunset is not the solution, the problem of one generation ruling another remains. The second is that the interpretation of laws should not change abruptly. Not only to generations not change abruptly, but the work of a previous generation does not leave the scene when it does; changes that generation has brought about in the culture will remain. "Historic continuity with the past is not a duty; it is merely a necessity. 9 Both the common law and the common ground arguments try to meet these requirements: they preserve the work of the past, but only to the extent that it either must, unavoidably, or should be preserved, and while permitting gradual adaptation Common law The common law method, roughly speaking, justifies legal decisions by relying on previous decisions. Those decisions can be judicial decisions, but they need not be. Many important constitutional issues, such as those arising between the President and Congress, are seldom litigated in court In disputes over the scope of the President,s power to commit troops abroad or to withhold documents from Congress-disputes that arise frequently but have never been finally decided by the Supreme Court-past practice mes 1010 for similar reasons, there is no obvious way to ascertain how the current generation would like to modify the Act. The failure of the sunset solution has two important lessons, however. One is that the core of Jefferson’s principle is not affected: even if a mandatory sunset is not the solution, the problem of one generation ruling another remains. The second is that the interpretation of laws should not change abruptly. Not only to generations not change abruptly, but the work of a previous generation does not leave the scene when it does; changes that generation has brought about in the culture will remain. “Historic continuity with the past is not a duty; it is merely a necessity.”9 Both the common law and the common ground arguments try to meet these requirements: they preserve the work of the past, but only to the extent that it either must, unavoidably, or should be preserved, and while permitting gradual adaptation. Common law The common law method, roughly speaking, justifies legal decisions by relying on previous decisions. Those decisions can be judicial decisions, but they need not be. Many important constitutional issues, such as those arising between the President and Congress, are seldom litigated in court. In disputes over the scope of the President’s power to commit troops abroad or to withhold documents from Congress—disputes that arise frequently but have never been finally decided by the Supreme Court—past practice 9Holmes?