Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

Scalia: Constitution silent on torture
GOPUSA ^ | 13 Nov 2014 | AP

Posted on 12/13/2014 12:26:39 PM PST by shove_it

click here to read article


Navigation: use the links below to view more comments.
first 1-2021-4041-6061 next last

1 posted on 12/13/2014 12:26:39 PM PST by shove_it
[ Post Reply | Private Reply | View Replies]

To: shove_it
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Most people would consider torture to be cruel… maybe even unusual.
Isn't that what makes it torture?

2 posted on 12/13/2014 12:35:06 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: shove_it

“Torture” works every time it’s tried. The commie libs haven’t a clue. That’s why it has been used since the beginning of time.


3 posted on 12/13/2014 12:37:59 PM PST by FlingWingFlyer (Have you hugged an illegal alien invader today?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: OneWingedShark
Isn't that what makes it torture?

Is it torture if after having experienced it, you can stand up, cough and blow you nose, then walk away normally? I'd say it's intense hazing.

4 posted on 12/13/2014 12:39:04 PM PST by shove_it (long ago Orwell and Rand warned us of Obama's America)
[ Post Reply | Private Reply | To 2 | View Replies]

To: OneWingedShark
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Punishment is not interrogation.

5 posted on 12/13/2014 12:45:23 PM PST by DJ MacWoW (The Fed Gov is not one ring to rule them all)
[ Post Reply | Private Reply | To 2 | View Replies]

To: shove_it

If we have justifiable murder. Then there also must be justifiable torture.


6 posted on 12/13/2014 12:50:21 PM PST by Sacajaweau
[ Post Reply | Private Reply | To 1 | View Replies]

To: shove_it

The Constitution may be silent on torture, but the liberals have tortured the Constitution.


7 posted on 12/13/2014 12:59:47 PM PST by Oliviaforever
[ Post Reply | Private Reply | To 1 | View Replies]

To: DJ MacWoW

Exactly!


8 posted on 12/13/2014 1:03:48 PM PST by TigersEye (ISIS is the tip of the spear. The spear is Islam.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: OneWingedShark

Are we to assume everyone on the planet, even enemy nationals, are protected by the constitution?

That certainly makes war a tough row to hoe.


9 posted on 12/13/2014 1:05:28 PM PST by drbuzzard (All animals are created equal, but some are more equal than others.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: shove_it
People forget that "The English Common Law" was followed by the Founders, both individual and by States. The Common Law had abandoned torture in the 17th and 18th centuries. The Founders knew this and did not feel the need to include a prohibition against torture in the Constitution.

Secondly, I am skeptical with regard to calling water boarding, diapers, etc. torture. See the Spanish Inquisition for a definition of real torture.

10 posted on 12/13/2014 1:13:23 PM PST by AEMILIUS PAULUS (It is a shame that when these people give a riot)
[ Post Reply | Private Reply | To 1 | View Replies]

To: AEMILIUS PAULUS

When the Constitution was being authored, traitors were being DRAWN and QUARTERED. They set examples very well.

Tarred and Feathered set a very convincing example, as well.


11 posted on 12/13/2014 1:19:05 PM PST by txhurl (No more taglines)
[ Post Reply | Private Reply | To 10 | View Replies]

To: AEMILIUS PAULUS

By that logic there was no need for a 4th Amendment.


12 posted on 12/13/2014 1:22:43 PM PST by TigersEye (ISIS is the tip of the spear. The spear is Islam.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: DJ MacWoW

Dingdingdingdingdingding!

Someone give this DJ a gold record!

If the authors of the Bill of Rights had wanted to prevent torture, they could have very easily included an explicit prohibition. Torture is a completely separate entity/concept from punishment, and usually arrives at a different time during the processing/detention of a captive.

In the context of this debate, “It’s immoral” or “it makes me feel bad” is not a valid legal argument.


13 posted on 12/13/2014 1:23:51 PM PST by MarkRegal05
[ Post Reply | Private Reply | To 5 | View Replies]

To: OneWingedShark

The key is cruel AND unusual. Even if it is cruel, if it is not unusual, it can’t, by definition, be “cruel and unusual”.

Either change the constitution to be “cruel or unusual”, or shut up about it.


14 posted on 12/13/2014 1:25:04 PM PST by sagar
[ Post Reply | Private Reply | To 2 | View Replies]

To: txhurl
When the Constitution was being authored, traitors were being DRAWN and QUARTERED.

It's 500 years between Edward Longshanks and George III.

15 posted on 12/13/2014 1:26:20 PM PST by SeeSharp
[ Post Reply | Private Reply | To 11 | View Replies]

To: OneWingedShark

As with most things, when they get around to doing it to us, we’ll call it what it is. Of course, by then it will be too late.


16 posted on 12/13/2014 1:30:14 PM PST by Wolfie
[ Post Reply | Private Reply | To 2 | View Replies]

To: sagar
Either change the constitution to be “cruel or unusual”, or shut up about it.

You're equivocating. If the constitution did read cruel or unusual would you then argue that torture is constitutional if it's both cruel and unusual?

17 posted on 12/13/2014 1:32:02 PM PST by SeeSharp
[ Post Reply | Private Reply | To 14 | View Replies]

To: drbuzzard
That certainly makes war a tough row to hoe.

Not really: simply kill the enemy.

Are we to assume everyone on the planet, even enemy nationals, are protected by the constitution?

The Constitution sets limits on what the government does, otherwise it is useless.
Moreover, the government can [and does] claim that certain actions may result in a loss of citizenship; if that is the case, and if the Constitution only protects citizens, then your protection by the constitution as a citizen is entirely at the whim of the government.

18 posted on 12/13/2014 1:33:25 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: DJ MacWoW
Punishment is not interrogation.

punishment (noun)

1. the act of punishing.
2. the fact of being punished, as for an offense or fault.
3. a penalty inflicted for an offense, fault, etc.
4. severe handling or treatment.


torture (noun)

1. the act of inflicting excruciating pain, as punishment or revenge, as a means of getting a confession or information, or for sheer cruelty.
2. a method of inflicting such pain.
3. Often, tortures. the pain or suffering caused or undergone.
4. extreme anguish of body or mind; agony.
5. a cause of severe pain or anguish.

You sure about that?
19 posted on 12/13/2014 1:37:53 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: sagar
The key is cruel AND unusual. Even if it is cruel, if it is not unusual, it can’t, by definition, be “cruel and unusual”.

Oh, so you're claiming that torture is usual?
The we do it all the time sort of thing?

If that were the case, why would the politicians say that we don't torture?

20 posted on 12/13/2014 1:39:48 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 14 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson