April 30th at 12:01PM

Jon Stewart: Antonin Scalia's Tortured View of Cruel and Unusual Punishment

POSTED BY: TheInDecider

You want semantics? You got semantics. We'll even throw in a little Grand Theft Auto IV reference for all you gamers out there awake enough to pry your mitts off of the controller:

Does any of torture talk have any blowback on the Republican Party, or is John McCain going to quash all that nonsense should he make it to the White House?

35 Comments
  1. Scalia lovers are so quick to cite judicial activism when singing his praise. Perhaps those people should go to law school and learn the meaning of judicial activism [the willingness to overturn judicial precedent]. Then look at cases the Bush v. Gore - clearly a political question, and shut up - Scalia is not a textual originalist as he so claims - he is merely a politician in robes - he proved that in 2000.

    by Sandra April 30th at 11:07PM
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  2. I realize Stewart is going to edit Scalia's interview into miniscule pieces of sheer nonsense, and then make comic faces and gestures for pure enteratinment value - his show is on Comedy Central for god's sake! But before you make disparaging remarks about this man of towering intellect and demonstrated accomplishments, at least take a few moments to review the entire CBS Scalia interview and then take some time to think about it.

    Semantics? Yes. In this part of the interview Scalia was talking at a very granular level about the specific legal definition of the word "punishment", which has deep meaning from a purely legal, technical perspective. Try to at least exercise enough self-control, intellectual capacity and reasoning to get beyond that and grasp what the man is saying in the broader context. He supports change. But he believes that change should be brought about through our democratic processes--the will of the people--not the will of a minority of activist judges. I happen to agree with that view.

    by Chris April 30th at 10:52PM
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  3. Makes sense. Torture is reserved for those who haven't technically done anything wrong. That's why they dont' get a trial either. They're not accused of anything!

    by redsongia April 30th at 10:03PM
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  4. Only in America is being trapped on an airplane on the runway "false imprisonment" but being waterboarded at Guantanamo is "not punishment".

    by obamagramma April 30th at 10:01PM
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  5. What a clever evasion to the question. Just another excuse out of a lousy excuse of a presidency and its men.

    by Brian April 30th at 9:39PM
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  6. What a smug prick this guy is. How dare he?

    by CK April 30th at 9:10PM
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  7. hmm what about due process, does torture violate due process? I also think that a de facto punishment, like torture or poor jailing/prison constions, should be included.

    by James April 30th at 9:00PM
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  8. Gas prices right now are cruel and unusual

    Gas Problem Saved...And no im not talking about corn!

    http://www.youtube.com/watch?v=1MeIgaRfyD4

    by Kyle April 30th at 7:19PM
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  9. Does anyone else find it a little odd that the only thing that Scalia has been consistent on is feeding his own Messiah complex? For a strict constructionist, he seems to have a rather liberal view when it comes to serving the Republican Party like in Bush v. Gore which completely ignored states rights. If Scalia thinks that a case from 2000 is old news then why is he still upset about Roe v. Wade?

    by Katie April 30th at 4:25PM
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  10. Now Scalia is Judge Doom? And how do Catholics view suicide? In God's eyes via the Pope's, there is only kind.

    As far as treaties go...those are mutually binding agreements, since they are contracts. Violating the treaty nullifies it. Since we are guilty of violating several treaties, I believe the UN is within its right to slap us with sanctions.

    by daringtexan April 30th at 3:54PM
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