Quote of note:
"That's the argument of flexibility and it goes something like this: The Constitution is over 200 years old and societies change. It has to change with society, like a living organism, or it will become brittle and break."
"But you would have to be an idiot to believe that," Scalia said.
...and FISA isn't even THAT old.
Scalia: People who believe the Constitution would break if it didn't change with society are 'idiots'
By Jonathan Ewing
ASSOCIATED PRESS
6:58 a.m. February 14, 2006
PONCE, Puerto Rico – People who believe the Constitution would break if it didn't change with society are “idiots,” U.S. Supreme Court Justice Antonin Scalia says.
In a speech Monday sponsored by the conservative Federalist Society, Scalia defended his long-held belief in sticking to the plain text of the Constitution “as it was originally written and intended.”