This is from a piece on 60 Minutes last Sunday and it is both depressing and frightening as hell:
The mind boggles that a member of the SCOTUS can, with a straight face, argue that the use of torture by government agents would not be prohibited by the Eighth Amendment’s proscription against cruel and unusual punishment as long as it is done to someone before they are convicted of anything. Well if the 8th doesn’t cover it how about due process your Honor?
I dare you to find anyone (anyone not wearing a tin-foil hat to keep the aliens from reading his thoughts, that is) who can look at the U.S. Constitution and come to the conclusions this man has about the original intents of the Founders.
Oh sure, the Founders thought that there should not be “unreasonable searches and seizures”, that people shouldn’t be compelled to be a witness against themselves, and that there shouldn’t be excessive bail, but if the govt. wants to hook a car battery up to your genitals for a few hours that would be just fine as long as it is only to get information out of you and not as a punishment for a crime.
Yeah, right. “Originalism” my ass.