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You're confusing torture with punishment under the 8th amendment. While it may be illegal, that doesn't make it unconstitutional. Since any alleged torture wasn't judicially proscribed it's not unconstitutional. That's all Scalia is arguing. To say he's dismissing torture by his statements in this video is ridiculous.
So you and Scalia think Torture is allowed under OUR CONSTITUTION?....Torture is PUNISHMENT without DUE PROCESS! Our constitution specifically states against unusual punishment....No court...no jury....no DUE PROCESS.... TO SAY punishment is NOT torture is to be TRULY NEO-NAZI!
Jesus Christ, you're an idiot. What he is arguing is torture for the detainees at Gitmo is not unconstitutional. It has to be judicially proscribed to be an 8th amendment violation, thus unconstitutional. It would behoove you to read some Supreme Court decisions and improve your reading comprehension level before replying.
First of ALL....calling me Jesus Christ is very imbecilic..Can I NOT disagree with HIS decision? Other Justices do....I believe Torture is a Great TYRANNY!.... So what is your problem?...
OMDL:| I didn't call YOU Jesus Christ, dumbass. Yes you can disagree with him, but you don't understand the arguments being made. You have no understanding of Constitutional law. That's my problem.
I do have very good understanding of Constitutional Law... Tell me what is "cruel and unusual punishment".. You assholes say ..."torture is NOT cruel or unusual punishment...then tell me NAZI-ass What is?..
No you don't., moron. Read Ingraham v. Wright, 430 YS 651, 664 (1975) "An examination of the decisions of this court construing the proscription against cruel and unusual punishment confirms that it was designed to protect those convicted of crimes. We adhere to that limitation"
Leslie Stahl's question was is it a violation of the cruel and unusual punishment clause and anyone with an understanding of Constitutional Law would say no. A crime? Certainly, but that wasn't the question.
Here, I'll dumb it down for you. Let's say a cop catches me stealing hup caps and beats me for it. Cruel and unusual punishment? No, that's a due process violation. Now let's say he arrests me and I'm charges and convcited and the judge orders that the arresting cop beats me as my punishment. Cruel and unusual punishment? Yes.
Listen to what Scalia says, you idiot. All he says is that the question she asks doesn't rise to 8th amendment violations, and he's right.
You Don't even know what the HELL TORTURE means....I have a problem with DUMB-ASSES like you who DO not even know the definition of simple words....YOU ARE THE IDIOT HITLER-lover!
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Our constitution specifically states against unusual punishment....No court...no jury....no DUE PROCESS....
TO SAY punishment is NOT torture is to be TRULY NEO-NAZI!
Other Justices do....I believe Torture is a Great TYRANNY!.... So what is your problem?...
Tell me what is "cruel and unusual punishment"..
You assholes say ..."torture is NOT cruel or unusual punishment...then tell me NAZI-ass What is?..
Leslie Stahl's question was is it a violation of the cruel and unusual punishment clause and anyone with an understanding of Constitutional Law would say no. A crime? Certainly, but that wasn't the question.
Listen to what Scalia says, you idiot. All he says is that the question she asks doesn't rise to 8th amendment violations, and he's right.