-> On 11 Jun 09  01:20:08, Bob Ackley got back to Dan Ceppa 
-> 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 illegal.
 BA> In point of fact I think he did say that torture was illegal.

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

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

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

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

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


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