if you think it's out of context you bought into the whole "everything is an opinion" concept of those talk shows.
he is a legal analyst and is asked about his opinion on the application of a law.
"the law(constitution) says..." is the right answer to that question.
you can't just make up opinions about legal matters.
me: "my opinion is that murders are illegal according to the law"
o'reilly: "I don't care about the law, what is YOUR opinion".