Justice Scalia spoke at the conservative American Enterprise Institute where he referred to himself as a “textualist” on the Constitution, and said we should apply it as it was understood by those who wrote it.
…Scalia parts company with former colleagues who have come to believe capital punishment is unconstitutional. The framers of the Constitution didn’t think so and neither does he.
‘‘The death penalty? Give me a break. It’s easy. Abortion? Absolutely easy. Nobody ever thought the Constitution prevented restrictions on abortion. Homosexual sodomy? Come on. For 200 years, it was criminal in every state,’’ Scalia said at the American Enterprise Institute.