Comment by Tracy2 — March 6, 2008 @ 6:52 pm

1. Where in the Constitution does it specify that the word “people” applies only to U.S. citizens?

2. The U.S. is a signatory to the Geneva Conventions, the Universal Declaration of Human Rights, the UN Charter, and the UN Convention Against Torture, all of which prohibit the use of torture. As international treaties are specifically addressed in the Constitution as a power of the federal government, it thus follows that the Constitution binds the government to obey these treaties.

I think he’s wrong; I find it absurd that the Constitution prevents “cruel” treatment of those convicted of a crime but would allow the same treatment of someone who hasn’t been so convicted and who may in fact be innocent of any crime. Scalia ignores the Fifth and Sixth Amendments, and substantive “due process”. Under his theory that torture is fine as long as it serves some benign (or llaudatory) purpose, couldn’t the gummint just dismember someone because the various fresh body parts and organs could potentiall same multiple lives?

Cheers,

Cheers,

This man who is celebrated by one party (republicans) has some serious control and anger problems, and is a danger to the very Constitution he is sworn to intrepret. He’s a litte man, not in stature, but in the mind. He couldn’t touch the shoes of those he hates like Justice Thurgood Marshall, if the stood on the highest mountain in the world. In the end I suspect that he will be an old and evil but lonely man. If he didn’t live a previleged life maybe he’d understand those less fortunate than him, nope, he wouldn’t evil doers never do. May his soul rest in hell forever when he finally goes to meet his maker.

What part of cruel and unusual punishment does Scalia not understand? He is obviously defining cruelty down to be absolutely meaningless.

He is unfit to be a Judge, unfit to be an American. Impeach and deport.

Max-Hussein-1 …?

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#52 Comment by RUCerious — March 5, 2008 @ 6:50 pm

And of course it would be ABSURD to think you wouldn’t slap the shit out of him to boot…

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#37 Comment by Daddy Love — March 5, 2008 @ 6:19 pm

Welcome Daddy Love, to our hell.

Remember:
DO NOT FEED THE TROLLS.
You can, however, talk about how silly and buffoonish they are.

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#24 Comment by Tracy2 — March 5, 2008 @ 6:03 pm

Sorry…

WRONG AGAIN!!!

All historians know that the original Federal Constitution was NOT passed into being. Only when the Bill of Rights was to be added did the Founders then agree upon the entire body of the Constitution of the USA.

See, the Bill of Rights, as originally set, are the protections granted to the people of this Nation. The Bill of Rights is the guarantee of what the Federal Government CAN NOT infringe upon. THESE ARE OUR RIGHTS as a People, of what we can expect from our Government; our Protection, our SECURITIES from an aggressive tyranny.

The remainder of the Constitution is what is known as a POSITIVE WRIT. Simply put, the remainder is what the limits are of the Government; What the Government CAN DO.

Originally, as written, We the People had no protections, no SECURITIES of SAFETY, of LIBERTY, of JUSTICE, of FREEDOM.

R E M E M B E R:
THEY(sic) HATE US FOR OUR FREEDOMS.

It is the Bill of Rights that provide you your SECURITY, your SAFETY, your FREEDOM. Now, THEY(sic) lobby to undermine those very SECURITIES and FREEDOMS so as to change that boundary of what THEY(sic) can do to We the People.

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#22 Comment by Tracy2 — March 5, 2008 @ 5:58 pm

Sorry for being late on this but…

BULLSHIT!

Know your Constitution.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

If you think that torture isn’t a cruel and unusual form of punishment inflicted, then please parse it for us. Albeit, the phrase is general and vague, it does, however address torturous acts that inflict cruel and unusual punishments.

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Dear Scabliea,

Since when did the Geneva Conventions 3 and 4 as ratified by the Senate become irrelevant?

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99Luf HUssein Balloons

Can the strict CONSTRUCTIONALIST “jurist”, Ahem, please point out where in the Constitution it says this? What was it Article II, Section…

http://caselaw.lp.findlaw.com/data/constitution/article02/09.html#1

”Congress has the power not only to raise and support and govern armies but to declare war. It has, therefore, the power to provide by law for carrying on war. This power necessarily extends to all legislation essential to the prosecution of war with vigor and success, except such as interferes with the command of the forces and the conduct of campaigns. That power and duty belong to the President and Commander-in-Chief. Both these powers are derived from the Constitution, but neither is defined by that instrument. Their extent must be determined by their nature, and by the principles of our institutions.

”. . . We by no means assert that Congress can establish and apply the laws of war where no war has been declared or exists.”

Has war been declared in Iraq or Afghanistan (The Silent War?)

Thanks for the link.

Juan Abdul Jabbar C

I don’t believe the question should be whether torture is “constitutional”. The Constitution addresses the structure of our government and our basic rights, but it does not define the sum of our laws. Torture should be considered “cruel and unusual punishment”, but that ban would only apply to American citizens.

NO NO NO NO NO!!

Bad!!!

all caps:

THE CONSTITUTION DOES NOT APPLY TO YOU OR ME, CITIZENS OR NON-CITIZENS.

IT APPLIES TO THE GOVERNMENT, PERIOD.

IT IS A LIST OF WHAT THE GOVERNMENT CAN AND CANNOT DO.

IT DOES NOT “GIVE” YOU RIGHTS

IT ONLY GIVES THE GOVERNMENT POWERS AND RESTRICTIONS

I.E. IF THE CONSTITUTION SAYS “The Privilege of the Writ of Habeas Corpus shall not be suspended” or “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial…” THOSE ARE INSTRUCTIONS TO THE GOVERNMENT

This means Guantanamo is illegal, period.
This means that the military commissions act is unconstitutional, period.
Etc Etc Etc

We have an ILLEGAL government right now.

Thank you all for not voting for Ron Paul.

Read it:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Why the hell can’t these people be removed from office? Why?

it started here, at the FAST thread…
you can blame me…

but i credit randi…

- Hussein Katy