Nice piece!

Is it Epstein of Hadley Arkes (sp?) who suggests that a better interpretive method is “judicial engagement”? – that is, a Court would not as a default defer to the legislature but rather would “engage” in a review to determine whether a statute was “contained” within the text of the Constitution. Of course, no matter what the methodology, it is ultimately dependent upon the Black Robes themselves.
Oops, I guess we are doomed after all!