Discussion: Scalia: Nothing In The Constitution Prohibits Torture

Son of Mafioso and member of a Church that tortured plenty in the past makes his pronouncements.

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Oh FFS, how is this not cheesy undergrad sophistry? Is there anything in the Constitution that prohibits shoplifting? Or cannibalism? Must be a damn slow news day in Switzerland.

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Thank goodness for Google: :Ā  abandon all hope, ye who enter

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Scalia doesnā€™t really care about the law or the US Constitution, just the debt owed to those who made sure he was nominated and approved for the Supreme Court.
CINO (Catholic In Name Only)

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Scalia is the only person I know who has concerned themselves with the Constitutionality of torture. The illegality of torture has to do with existing treaties, laws and what kind of national morality we expect to exhibit. What a red herring.

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Embarrassing to hear Fat Tonyā€™s too facile winger radio Locke(d) Rheum Conundrum dribbling into Europeā€™s mocking ear. What will the visiting Pope whisper into his Catholic ear???

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How in the world did this imbecile ever pass the bar, let alone become a judge or get confirmed as a SC Justice?

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Impeach Antonin Scalia.

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It would seem the 8th amendment banning cruel and unusual punishment would ban torture as well. Certainly torture fits that description.

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Due the to-be-tortured deserve the generous standards extended to the treasonous???

ā€œScalia: Nothing In The Constitution Prohibits Tortureā€

Scalia: The Constitution doesnā€™t apply to scary brown people

FIFY

Perhaps further proof that, for the Teatrolls, the Constitution stops at the 2nd Amendment, because Scalia seems to have forgotten the 8th.

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Mere factual innocence is no reason not to carry out a death sentence properly reached. ~Antonin Scalia.

No argument hereā€¦

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Of course notā€¦ Here got this from fb Comment: Jennifer Litton Tidd:
ā€˜Actually, heā€™s wrong. The constitution specifically states that we are beholden to intā€™l treaties we sign and we were signatories to the Geneva Convention which explicitly states that torture is illegal. He knows this and is lying.ā€™

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Heā€™s not JUST a ā€œfat putzā€. He a fat putz trolling humanity under his judicial robes while on the Supreme Court of the American Imperial Experiment.

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Iā€™m not sure if robk331 above was being sarcastic, but IIRC Scalia actually has said that since the 8th amendment specifically refers to punishment, and the people tortured werenā€™t being punished (i.e. as a result of having been found guilty of anything), but were being questioned or maybe even entirely innocent, there was no problem with it.

Isnā€™t it nice how a strict reading of the Constitution always seems to line up with hardcore RWNJ beliefs?

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Much like the Bible.

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What. The. Fuck.
Between the right to due process protecting suspected terrorists and the protection from cruel and unusual punishment afforded to convicted terrorists, he is categorically wrong on everything.

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If present circumstances are any indication, he cheated. The last two are down to Ronald Reagan.

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Iā€™m so sick of the ā€˜ticking nuclear bomb, so we have to torture to save millionsā€™ excuse.

When has that happened in real life? I mean like ever?? We know enough to know thereā€™s a nuclear bomb on a short fuse. We know enough to catch the guy who set the bomb. But we have no idea where the bomb itself is. Really??

Actually, when has a terrorist set a nuclear bomb even without it ticking?

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Heā€™s right except insofar as the Constitution describes a process wherein laws are created:

http://www.law.cornell.edu/uscode/text/18/part-I/chapter-113C

Notwithstanding anything John Yoo and others claim, torture as practiced by the CIA is most definitely against the law here and abroad.

As used in this chapterā€”

(1) ā€œtortureā€ means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control;(2) ā€œsevere mental pain or sufferingā€ means the prolonged mental harm caused by or resulting fromā€”(A) the intentional infliction or threatened infliction of severe physical pain or suffering;(B) the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality;Ā© the threat of imminent death; or(D) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality; and(3) ā€œUnited Statesā€ means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States.

Yup. The statute pretty clearly covers waterboarding AND sleep deprivation in stress positions AND threatening family members.

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