Contributions by ‘Evan Caminker’

Evan Caminker[1] Four decades ago in Democracy and Distrust,[2] John Hart Ely masterfully charted a middle path between the two then (and still) dominant methods of constitutional interpretation. The prevailing version of originalism (“interpretivism”), he eloquently expounded, was intrinsically unworkable and unattractive for why-be-bound-by-the-dead-hand-of-the-past reasons; the alternative of norm-based reasoning (“noninterpretivism”) was ungrounded and riven…