Issue:Yahoo! News - Scalia Slams Juvenile Death Penalty Ruling:

Specific:"If you think aficionados of a living Constitution want to bring you flexibility, think again,' Scalia told an audience at the Woodrow Wilson Center, a Washington think tank. 'You think the death penalty is a good idea? Persuade your fellow citizens to adopt it. You want a right to abortion? Persuade your fellow citizens and enact it. That's flexibility.'
'Why in the world would you have it interpreted by nine lawyers?' he said. "

Comment:Justice Scalia is not a football fan or a fan of any sport that requires an "official". I mention football because of the NFL's instant replay. The analogy is that one team on the field is the Executive Branch and the other is the Legislative branch. The Judical Branch are the officials in this analogy. The fans are the people. Even in the NFL it is not the officials that decide the rules of the game.

Judges like the officials are to interpret a game situation, a play on the field. If 2 plays go to "instant replay" - it is incumbent on the officials to call the second play using the same interpretations as they used for the first. It is incumbent on the officials to call the play the same way in the next game. It is incumbet on the officials to use the same interpretations for a given play for the season. At the end of the season, those interpretations are factored in making new rules for the next season. Some are kept, to improve the game. Other do not.
This is the nature of the beast - yet Justice Scalia does not see this.

The strict constructionists do not see this concept. I don't agree with Justice Scalia