Replying to a message of Dan Ceppa to Bob Ackley:

 DC> -> On 11 Jun 09  01:20:08, Bob Ackley got back to Dan Ceppa 
 DC> -> Re: Lost messages

 DC>> Scalia stated that torture is not unconstitutional, plain and simple.  

 BA>> He did not say that it was not unethical, not immoral and not
 BA>> illegal. In point of fact I think he did say that torture was
 BA>> illegal.

 DC> Do notice that he also says, "defining [torture] is going to be a nice 
 DC> trick."  

 BA>> The Constitution specifies "cruel and unusual
*punishment*" (emphasis
 BA>> mine), Scalia pointed out that (legally) torture is not punishment
 BA>> and because it is not (legally) *punishment* it is not
 BA>> unConstitutional.  Legal hairsplitting, perhaps, but that's what
 BA>> lawyers *do*.

 DC> Scalia states that many other things that are odious are not listed 
 DC> in the Constitution.  Does that make things such as pedophilia legal?  

Nope.  Legal does not mean Constitutional and vice versa.  AFAIK the court
has not ruled any laws against pedophilia unConstitutional.

 DC> I would like to see Scallia rule on a pedophilia case and then have  a
 DC> ruling on torture.  

 DC> All he's doing is trying to set up a defense for W and company.  

I don't think so.

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