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Constitution written in the 18th century you try to find that those words meant in the 18s this century. >> the best example being the death penalty. i sat with three colleagues who thought it was unconstitutional but it is absolutely clear that the american people never voted to proscribe the death penalty. they adopted a cruel and unusual punishments clause at the time when every state had the death penalty and every state continued to have it. nobody thought that the 8th amendment prohibited it. >> chris: you criticize and some of your colleagues another approach using a word i have to admi...

18th century you try to find that those words meant in the 18s this century. >> the best example being the death penalty. i sat with three colleagues who thought it was unconstitutional but it is absolutely clear that the american people never voted to proscribe the death penalty. they adopted a cruel and unusual punishments clause at the time when every state had the death penalty and every state continued to have it. nobody thought that the 8th amendment prohibited it. >> chris: you criticize and some of your colleagues another approach using a word i have to admit i did not know existed pri...

>>neil: the supreme court today holding a key vote on the president's health care law. they took a show of hands. we know maybe how their sentiment is headed. but the final decision will not be months. the democrats are blasting justice scalia over this comment. >> what happened to the 8th amendment, you want us to go through the 2,700 pages? and do you really expect a court to do that? or do you expect us to give this function to our law clerks? is this not totally unrealistic we will go through this enormous bill, item by item, and decide each one? >>neil: democrats were blasting that statem...

Parties read the constitution of premise every day that says we the united states out loud on got to do it differently and one the floor of the house step ahead of the imitators? yesterday. but they didn't actually read the whole thing. >> the challenge is, and i mean, they left out some highly sensitive clauses including about slavery. i spent a lot of time researching companies and struck >> at the same time, a new by how similar in any industry edition of hug lberry finn is most companies are to one another and how do you let what coming with slave replacing the you know not limit what you ...

Prohibition. right. exactly. is the 18th amendment still in the constitution? why? why is it in there? >> reminder so people can look back to see you made mistakes before and we have to learn from them. >> can you see the scar on my hand? can you see the scar? that was me being stupid as a kid. really stupid as a kid. i was writing on the back of somebody's bike. i had my hand on the handlebars. we tip and we went down a viaduct and a cement bridge and we couldn't stop and my hand dragged across the bridge. it was nasty.