According to NPR this morning, "Supreme Court Justice Antonin Scalia says he doesn't see anything in the Constitution that prohibits the torture of detainees for the purpose of getting information. Scalia told a BBC interviewer that torture would be unconstitutional if it were inflicted as a punishment."
WTF? The 8th Amendment says that cruel and unusual punishment shall not be inflicted. The fifth amendment says that: (1) no person shall be compelled to be a witness against himself; and (2) No person shall be deprived of life or liberty without due process of law. Now, it doesn't take a genius to see that torture is outlawed by this. Any "originalist" like Scalia would know that the founders intended to ban torture by the state.
Scalia, though, pretends that IF torture is: (1) not imposed by a court as a punishment; and (2) only used to get information that will not be used in court, then it is okay. Unfuckingbelievable. Let's be honest, for once. Scalia also believes that the government can abolish habeas corpus. So there's no reason for a person to EVER be in court. The government can just take you, "rendition" you to another country, or send you to Gitmo, or just call you an enemy combatant, torture you and hold you forever, according to Scalia. If that's constitutional, then the bill of rights is a dead letter. Scalia knows this. He's too smart not to know it. He just won't admit it, because he's a coward.
Imagine that. Patrick Henry must be rolling in his grave. A single terrorist attack on this country, and every Republican and Conservative is desperate to throw away all of their constitutional liberties and the separation of powers if someone promises that doing so will keep them safe. It won't.
Now, McCain doesn't like torture. But other than being nicer, he's got no problem with tossing out all the rest of our liberties so that he can be a Strong Leader.
This election is about liberty, people, plain and simple. Vote Democratic or lose the rights our forefathers and fore-mothers bled and died for in the revolution and in the civil war. I, for one, will not give up without a fight. My vote for Obama is that I know he gets it. I have expressed before my fear that Hillary Clinton may not.
Wednesday, February 13, 2008
This is what the Election of 2008 is About
Posted by The Law Talking Guy at 11:00 AM
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Following LTG's info, I read a report on the interview Scalia gave to BBC. It is appalling. The man is a snake.
LTG is absolutely right: if torture and indefinite detention are legal, then the Bill of Rights is meaningless.
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