Oh Steve and Nino, you rascals you:
Now, how are we supposed to go and say that this thing - thousands of people on the recess part — is unconstitutional? I mean, it isn’t unheard of. What about the Due Process Clause? Does that easily cover the language? Substantive due process? What about the Interstate Commerce Clause and the doctrine of, you know, the Implicit Clause there? I mean, it isn’t unheard of that over time language in the Constitution takes on a somewhat different meaning.
JUSTICE SCALIA: The two examples that Justice Breyer gives are examples where we gave it a meaning that was different from what it said. (Laughter.)