Results tagged “eighth amendment” from Don't Tase Me, Bro!

I would like to thank Supreme Court Justice Antonin Scalia, for clarifying the administration's understanding of the constitution. We've had it wrong all these years...

In the interview with the Law in Action programme on BBC Radio 4, he said it was "extraordinary" to assume that the ban on "cruel and unusual punishment" - the US Constitution's Eighth Amendment - also applied to "so-called" torture.

"To begin with the constitution... is referring to punishment for crime. And, for example, incarcerating someone indefinitely would certainly be cruel and unusual punishment for a crime."


Yes, you read that right. If you haven't committed a crime, it's not cruel and unusual to incarcerate you indefinitely.

"I suppose it's the same thing about so-called torture. Is it really so easy to determine that smacking someone in the face to determine where he has hidden the bomb that is about to blow up Los Angeles is prohibited in the constitution?" he asked.

Apparently it's pretty easy after the fact, when someone realizes how valuable the videotapes might be.