Thank you for the link.
Did you hear Breyer say that interpretation of the Constitution begins
with the reading of the text?
Amen.
Originalists like Scalia are what I call "fair weather" originalists. They are rigid about their decisions when it supports their particular idealogical agenda, and not so much when the constitutional component of their decision doesn't.
The thing that bugs me about rabid originalists....like the GOP is trying to make everybody these days...is that many of the strict consitutionalists on this web site have no trouble collecting social security and recieving medicare benefits. Originalists and strict consitutionalists should be against SS and medicare, because it's example of the federal governnment exceeding the powers afforded by the constitution. But back on point....too many people these days have been told by conservative media that anything the government does is bad, and any deviation from the constitution and the first ten amendments is bad. It's just not that simple, and I'm dissapointed in people who let conservative media's GOP electioneering efforts put that simplistic poopoo into thier heads.