But there are two ways to use Name Constraints: they can be marked critical or non-critical.
Critical Name Constraints are great, but they will cause anything that doesn't support Name Constraints to reject the certificate. This is obviously a problem because few deployments have much control over their client base.
Non-critical name constraints provide a security benefit to clients that support them without affecting those that do not. Clients that don't support them are vulnerable to misuse of the constrained certificate, of course, but since the alternative is often an unconstrained, CA certificate, it's still a clear win.
Here is a summary of where clients were a year ago, opera has support now so its slightly out of date - http://unmitigatedrisk.com/?p=24