[AEMILIUS PAULUS]

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.

[txhurl]

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.

[TigersEye]

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