Can you just give us a brief history of horizontality?

Sure, absolutely.

So you're absolutely right.

The American founders didn't really even contemplate this idea.

The assumption was the Constitution was a contract that created obligations for the government and that it was the government that was responsible for protecting rights primarily.

Now, one can flesh out the picture by drawing attention to, say, the common law tradition, which of course does govern and has governed always private relationships.

And so it wasn't so much that the American framers neglected the need to regulate private interactions.

Now it is like benign justices getting to determine what the good life looks like.