Scalia needs to go back to law school and learn about the 8th Amendment. The founding fathers also disagree with Scalia.
The part of the Constitution Scalia doesn’t seem to know about is the Eighth Amendment, which says:
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.Scalia also seems to be unaware of the 5th Amendment:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.Furthermore, even the Founding Fathers were disgusted by torture. George Washington prohibited soldiers from using torture against prisoners of war and punished those who did.
“Should any American soldier be so base and infamous as to injure any [prisoner]. . . I do most earnestly enjoin you to bring him to such severe and exemplary punishment as the enormity of the crime may require. Should it extend to death itself, it will not be disproportional to its guilt at such a time and in such a cause… for by such conduct they bring shame, disgrace and ruin to themselves and their country.”
~George Washington, charge to the Northern Expeditionary Force, Sept. 14, 1775
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