Supreme Court Justice Breyer and Supreme Court Injustice Scalia engaged in a public debate over the Constitution that yielded this illuminating exchange regarding the intent of legislators when making a law before the Court:
Scalia: "I don't at all look to what I think the legislature thought. I frankly don't care what the legislature thought."
Breyer: "That's the problem."
Spectators: [Thunderous laughter]
If that doesn't underscore the idiocy of Constitutional constructionists, how about the fact that Scalia argues that there isn't even any room to argue whether capital punishment is unconstitutional "cruel and unusual punishment" simply because at time "cruel and unusual" was crafted, capital punishment was the norm. Breyer pointed out that people were still being flogged nearly to death at whipping posts in the U.S. at the same time, something (almost!) nobody would be okay with today...
...except for Scalia! Who thinks that if we were to return to flogging people nearly to death in public, it would not be unconstitutional. Rather, it would just be "stupid" but "not unconstitutional."
Scalia's also against allowing people to vote for senators; he wishes we could go back to where senators are installed by state legislatures. And for that, he deserves a stupid flogging.