A Consitutional Riddle
(Mary Naylor)
Electric shocks, kicks,
When is torture not torture?
When A is not A.
The Los Angeles Times published an excellent article, Echoes of two high court justices' brutality stance by David G. Savage (March 7, 2010.)
It all centers around the Eighth Amendment.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (http://topics.law.cornell.edu/constitution/billofrights)
The article is fascinating in its coverage of what constitutes cruel and unusual punishment. Most topical, I thought, was the question of specific intent.:
Is it okay if a CIA interrogator uses torture to obtain information? Is that cruel and unusual punishment? Some, like John C. Yoo, Clarence Thomas' former clerk, according to the article, feel that it is not. But, I wonder, can you do that without undermining our Constitution? And isn't it true, also, that the great protector of our rights, is our constitution?
Further, can a nation use torture and not shrink in stature and become more primative and brutal in its spirit?
More questions than answers, I admit.
Published by Mary Naylor confirmed
I was born in Chicago, Illinois in 1933. I grew up in Rhinelander, Wisconsin, a wild and beautiful state, rich in literature and lore. I loved the stories of Paul Bunyon and his ox, Babe. The hoax of t... View profile
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