View Poll Results: Does the U.S. Constitution prohibit torture?

Voters
45. You may not vote on this poll
  • Yes

    33 73.33%
  • No

    10 22.22%
  • Other

    2 4.44%
Page 5 of 12 FirstFirst ... 34567 ... LastLast
Results 41 to 50 of 119

Thread: Does The U.S. Constitution prohibit torture?

  1. #41
    Kinky
    tres borrachos's Avatar
    Join Date
    Feb 2012
    Location
    New England
    Last Seen
    Today @ 01:44 PM
    Gender
    Lean
    Moderate
    Posts
    39,273

    Re: Does The U.S. Constitution prohibit torture?

    Quote Originally Posted by Wiggen View Post
    Why would you defer to one Justice of the Supreme Court? What is the position of the rest of the court? What has been the position of the courts since day one?
    Google it.
    Horse sense is the thing a horse has which keeps it from betting on people. ~W.C. Fields

  2. #42
    Sage
    pbrauer's Avatar
    Join Date
    Jun 2010
    Location
    Oregon
    Last Seen
    11-27-15 @ 03:31 PM
    Gender
    Lean
    Liberal
    Posts
    25,394

    Re: Does The U.S. Constitution prohibit torture?

    Quote Originally Posted by WCH View Post
    If the terrorists are American citizens.
    The Constitution does apply to just American citizens.


  3. #43
    Sage
    Gaius46's Avatar
    Join Date
    Dec 2012
    Location
    New York
    Last Seen
    Today @ 01:33 PM
    Gender
    Lean
    Libertarian
    Posts
    8,497

    Re: Does The U.S. Constitution prohibit torture?

    Quote Originally Posted by Cephus View Post
    Not according to many people, and again, I'm just throwing that out there, I'm not saying I agree with it.



    I've talked to a lot of people who think that Osama bin Laden got off way too easily, they'd have stood in line for the opportunity to take their shot at him personally. I think you underestimate the rage that many people have toward terrorists that harm Americans.
    My experience has been that a lot of people talk a good game. I don't doubt there's alot of anger out there, I just doubt that there are lot of people who could stomach personally torturing someone else.
    Don't be a grammar nazi - Marcus Aurelius, Meditations, Book 1 #7

  4. #44
    Sage
    Gaius46's Avatar
    Join Date
    Dec 2012
    Location
    New York
    Last Seen
    Today @ 01:33 PM
    Gender
    Lean
    Libertarian
    Posts
    8,497

    Re: Does The U.S. Constitution prohibit torture?

    Quote Originally Posted by pbrauer View Post
    The Constitution does apply to just American citizens.
    It also applies to non citizens living within the US.
    Don't be a grammar nazi - Marcus Aurelius, Meditations, Book 1 #7

  5. #45
    Sage
    pbrauer's Avatar
    Join Date
    Jun 2010
    Location
    Oregon
    Last Seen
    11-27-15 @ 03:31 PM
    Gender
    Lean
    Liberal
    Posts
    25,394

    Re: Does The U.S. Constitution prohibit torture?

    Quote Originally Posted by Gaius46 View Post
    It also applies to non citizens living within the US.
    you're correct, I can't believe I wrote that.


  6. #46
    Sage
    WCH's Avatar
    Join Date
    Mar 2013
    Location
    The Lone Star State.
    Last Seen
    Today @ 10:19 AM
    Gender
    Lean
    Conservative
    Posts
    22,216

    Re: Does The U.S. Constitution prohibit torture?

    Quote Originally Posted by Gaius46 View Post
    It also applies to non citizens living within the US.
    That's why they have GITMO and other places around the globe.
    32 “Whoever acknowledges me before others, I will also acknowledge before my Father in heaven. 33 But whoever disowns me before others, I will disown before my Father in heaven.
    Matt. 10:32-33

  7. #47
    Sage
    WCH's Avatar
    Join Date
    Mar 2013
    Location
    The Lone Star State.
    Last Seen
    Today @ 10:19 AM
    Gender
    Lean
    Conservative
    Posts
    22,216

    Re: Does The U.S. Constitution prohibit torture?

    Quote Originally Posted by Gaius46 View Post
    It also applies to non citizens living within the US.
    That's debatable.

    http://scholarship.law.georgetown.ed...context=facpub
    32 “Whoever acknowledges me before others, I will also acknowledge before my Father in heaven. 33 But whoever disowns me before others, I will disown before my Father in heaven.
    Matt. 10:32-33

  8. #48
    A sinister place...
    OrphanSlug's Avatar
    Join Date
    Sep 2011
    Location
    Atlanta
    Last Seen
    08-08-17 @ 02:44 PM
    Gender
    Lean
    Independent
    Posts
    10,860

    Re: Does The U.S. Constitution prohibit torture?

    Yes, the US Constitution does prohibit torture but not quite in a way we would want it to. It can be found in article six, second clause.

    "This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding."

    Technically by that line alone our agreements with the UN on torture become "supreme law of the land" and as such are Constitutionally recognized. That would mean that all UN resolutions and conventions that we agreed to on Torture as well as the applicable Geneva Conventions we would have to abide by as a matter of law. The awkward part of this is we have no real resolution to challenge this but by the Supreme Court on the grounds of interpretation of any resolutions, conventions, and treaties signed in accordance with our own laws and government limitations. But in this area, there is not much directly stated as a limitation.

    The 8th Amendment part of the debate I am not so sure applies near as much.

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

    The jurisprudence of the conversation here has more to do with punishments handed down which at the time of the text had the tone of penalties and punishment that was considered barbaric, or excessive in terms of law. Like public lashings, or burning someone at the stake, or seizing someone's total net worth over a minor violation of the law. Not a bit of the Amendment by design has to do with holding "prisoners of war" or "enemy combatants" or whatever the phrase of the day is to describe someone held in some state without the involvement of process of law.
    "Every time something really bad happens, people cry out for safety, and the government answers by taking rights away from good people." - Penn Jillette.

  9. #49
    Sage
    jet57's Avatar
    Join Date
    Feb 2012
    Location
    not here
    Last Seen
    Today @ 08:59 AM
    Lean
    Centrist
    Posts
    24,761

    Re: Does The U.S. Constitution prohibit torture?

    Quote Originally Posted by American View Post
    Seems like the wrong question since the question addressed by the Justice Department on this was whether the EIT were legally torture. Based on the lawyers, everyone moved ahead on the basis that what they were doing was legal.

    "Down size ...Layoff

    "Vertical integration"...Pyramiding a monopoly

    "Enhanced Interrogation...Torture


    I mean, how stupid do they think people in this world are?

    And yes the constitution prohibits torture the same way that it declared the blessing of liberty.
    “The people do no want virtue; but they are the dupes of pretended patriots” : Elbridge Gerry of Mass; Constitutional Convention 1787

  10. #50
    Black Is Smart
    Van Basten's Avatar
    Join Date
    Sep 2011
    Location
    The New New Frontier
    Last Seen
    11-06-17 @ 07:59 PM
    Gender
    Lean
    Progressive
    Posts
    4,661

    Re: Does The U.S. Constitution prohibit torture?

    The real question is: do constitutional protections against torture extend to non-citizen enemy/unlawful combatants (or suspected ones) on foreign soil?

    As for the poll, the constitution definitely prohibits torture in general.
    "We have more responsibility than power, I think. The newspaper can create great controversies, stir up arguments within the community or discussion, can throw light on injustices....just as it can do the opposite. It can hide things and be a great power for evil." -- Rupert Murdoch, 1968

Page 5 of 12 FirstFirst ... 34567 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •