Stephen E. Gottlieb (Albany Law School) has posted Democracy Essential to the Legitimacy of Constitutional Interpretation on SSRN. Here is the abstract:
Contemporary risks to democracy sharpen the question about what use the Court should make about democratic thought, especially empirical thought. By contrast, the argument over originalism has largely eliminated democracy from constitutional interpretation, partly in reaction to Carolene Products. This manuscript argues, first, that no theory of constitutional interpretation can be legitimate without democracy, and then explores the implications of that conclusion.