Quote: Wikipedia The Eighth Amendment forbids some punishments entirely, and forbids some punishments that are excessive when compared to the crime.
In Furman v. Georgia (1972), Justice Brennan wrote, "There are, then, four principles by which we may determine whether a particular punishment is 'cruel and unusual'."
The "essential predicate" is "that a punishment must not by its severity be degrading to human dignity", especially torture. "A severe punishment that is obviously inflicted in wholly arbitrary fashion". "A severe punishment that is clearly and totally rejected throughout society". "A severe punishment that is patently unnecessary".
G-man, don't you see that these prison abuses and the fact that we're even arguing over torture is destroying the way the world sees us? How long before we push it too far and we're declared terrorists? How long before there's nothing left of the constitution?
HAVE YOU BEEN LISTENING???
The Bill of Rights sets forth the freedoms and privileges extended to American citizens. The individuals in question are not American citizens, therefore they are not guaranteed the same rights and privileges. Once again, the question of whether or not their treatment is excessive cannot and should not be determined in the context of the Bill of Rights. While this may not justify everything that's been done, it should at least clarify which set of rules under which the alleged torturers should be judged. Let's at least try to keep up, Ray.
Point out where it says in the constitution "American Citizens." Everything I've read from it states along the lines of "All men are created equal." And if only American Citizens should have those rights then why would we be bothering to overthrow Saddam? He had no WMD, his people aren't good enough (in your view) for "American" freedoms."
So you approve of the liberation of Iraq on constitutional grounds now? Should we grant constitutional protection to all citecenz of teh world and if they aren't getting thier constitutional rights like abortions on demand, all they need to do is appeal to teh United States and we'll fight on thier behalf. Infact why fight, why not just grant citicenship to anyone who requests it. After all not to do so would be denying them thier constitutional rights.
Putting the "fun" back in Fundamentalist Christian Dogma.
" I know God exists because WBAM told me so. " - theory9
JLA brand RACK points = 514k
