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 9 of 12 FirstFirst ... 7891011 ... LastLast
Results 81 to 90 of 119

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

  1. #81
    Sage
    shrubnose's Avatar
    Join Date
    Jan 2013
    Location
    Europe
    Last Seen
    11-29-17 @ 03:46 AM
    Gender
    Lean
    Centrist
    Posts
    18,851
    Blog Entries
    2

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

    Quote Originally Posted by Gaius46 View Post
    There's nothing in the Constitution that I'm aware of that prohibits torture but that's the wrong question. The right question is
    "Do the American people want to accept that torture, a morally reprehensible and ineffective tactic, is being done in their name?"


    Some American people not only want it done, they would be glad to do it.

  2. #82
    cynical class clown
    Luftwaffe's Avatar
    Join Date
    May 2014
    Location
    CONNECTICUT
    Last Seen
    11-18-17 @ 10:49 PM
    Gender
    Lean
    Libertarian
    Posts
    10,499

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

    Question, are the rights in the constitution applicable to people who are not citizens of the US and rather, POWs of an enemy of the country?
    -----MOS 19D = cavalry scout = best damn MOS there is

  3. #83
    Sage
    shrubnose's Avatar
    Join Date
    Jan 2013
    Location
    Europe
    Last Seen
    11-29-17 @ 03:46 AM
    Gender
    Lean
    Centrist
    Posts
    18,851
    Blog Entries
    2

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

    Quote Originally Posted by jonny5 View Post
    Whats due process in terms of war, though?


    He who wins the wars makes the rules.

  4. #84
    Sage
    shrubnose's Avatar
    Join Date
    Jan 2013
    Location
    Europe
    Last Seen
    11-29-17 @ 03:46 AM
    Gender
    Lean
    Centrist
    Posts
    18,851
    Blog Entries
    2

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

    Quote Originally Posted by Gaius46 View Post
    Not sure that clause applies here.
    The 8th deals with criminal justice, not national security.


    Are individual terrorists criminals or national security threats?

  5. #85
    Sage
    shrubnose's Avatar
    Join Date
    Jan 2013
    Location
    Europe
    Last Seen
    11-29-17 @ 03:46 AM
    Gender
    Lean
    Centrist
    Posts
    18,851
    Blog Entries
    2

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

    Quote Originally Posted by Gaius46 View Post
    I don't have a problem with putting a bullet in the bad guy's head. But making someone suffer for extended periods is sick.

    I'm sure many of the people who advocate for torture are really looking for revenge.
    Not so sure they'd be so quick to go for if if they were the ones inflicting the pain
    .


    There are over 300-million people in the USA and some of them are mighty sick.

  6. #86
    cynical class clown
    Luftwaffe's Avatar
    Join Date
    May 2014
    Location
    CONNECTICUT
    Last Seen
    11-18-17 @ 10:49 PM
    Gender
    Lean
    Libertarian
    Posts
    10,499

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

    Quote Originally Posted by shrubnose View Post
    Are individual terrorists criminals or national security threats?
    They are not domestic criminals if they are in anyway related to ISIS IMO, and as such, our constitution does not provide them any rights whatsoever.

    What can be somewhat tricky though is a US citizen who then acts with the terrorists, but I'm sure they can be tried for treason and hung like a pig.

    18 U.S. Code 2381 - Treason = "Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States."

    I prefer a death sentence for these bastards rather than a measly 5 year sentence and 10,000 dollar fine (which just doesn't cut it).
    -----MOS 19D = cavalry scout = best damn MOS there is

  7. #87
    Sage
    Gaius46's Avatar
    Join Date
    Dec 2012
    Location
    New York
    Last Seen
    Today @ 05:21 PM
    Gender
    Lean
    Libertarian
    Posts
    8,496

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

    Quote Originally Posted by shrubnose View Post
    Are individual terrorists criminals or national security threats?
    Criminals. The question though was a general one and not specific to terrorists. And even cruel and unusual applies to punishment not interrogations.
    Don't be a grammar nazi - Marcus Aurelius, Meditations, Book 1 #7

  8. #88
    Sage
    Gaius46's Avatar
    Join Date
    Dec 2012
    Location
    New York
    Last Seen
    Today @ 05:21 PM
    Gender
    Lean
    Libertarian
    Posts
    8,496

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

    Quote Originally Posted by shrubnose View Post
    There are over 300-million people in the USA and some of them are mighty sick.
    So a bunch of folks have told me. Suppose I shouldn't be surprised. I couldn't. Killing someone who needs killing is one thing. Brutalizing someone for hours?
    Don't be a grammar nazi - Marcus Aurelius, Meditations, Book 1 #7

  9. #89
    Sage
    Moot's Avatar
    Join Date
    Oct 2006
    Location
    Utah
    Last Seen
    Today @ 01:04 AM
    Lean
    Undisclosed
    Posts
    27,474

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

    Quote Originally Posted by Thrilla View Post
    I might have read it a time or 2 in the last 60 years... I might have read a couple of dozens cases having to do with the supremacy clause as well.


    the supremacy clause, overall, is about state laws/statutes/Constitutions and their relationship to the US Constitutions and federal law.( US law is supreme to state law)
    the supremacy clause is not applicable to a case in which the primary actor is the federal government allegedly violating federal law.....

    the supremacy clause really has zero to do with the EIT/Torture issue... absolutely nothing.

    if you are trying to involve a UN treaty in the mix, and using the supremacy clause as a way to say " see! we are bound to the UN treaty!".. there's absolutely no need to do so... it's already barred in the US code...Title 18 Part I Chapter 113C 2340A

    EIT is allowable under our US code.. provided the person being interrogated is not present in the US and is not a US "national".
    (well, it doesn't so much allow it as it stipulates jurisdiction...)
    The US code you posted seems to suggest that the US has jurisdiction over all U.S. nationals that commit torture whether they're on US soil or not. It doesn't seem to address the nationality, rights or locale of the those being tortured at all.


    The legality of torture under the Bush administration was a one sided legal argument that didn't hold up constitutionally. Those that didn't agree with the administration's OLC were either fired or ignored.


    Torture Memos - Wikipedia, the free encyclopedia

  10. #90
    Educator
    Join Date
    Mar 2014
    Location
    over yonder
    Last Seen
    Today @ 01:24 PM
    Lean
    Other
    Posts
    876

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

    Quote Originally Posted by Luftwaffe View Post
    They are not domestic criminals if they are in anyway related to ISIS IMO, and as such, our constitution does not provide them any rights whatsoever.

    What can be somewhat tricky though is a US citizen who then acts with the terrorists, but I'm sure they can be tried for treason and hung like a pig.

    18 U.S. Code 2381 - Treason = "Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States."

    I prefer a death sentence for these bastards rather than a measly 5 year sentence and 10,000 dollar fine (which just doesn't cut it).
    If U.S. citizens owe allegiance to the united states, then why do we need a constitution or why do some swear to defend the const. against enemies foreign or domestic
    ??????

Page 9 of 12 FirstFirst ... 7891011 ... 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
  •