Do you support the Constitution?

Should the government be constrained by the laws in the Constitution?


  • Total voters
    34
Damn straight I support it

Especially the second amendment. You don't. Need the rest of the document as long as you got your second amendment remedies
 
Not do you think it is followed, or will it ever be followed, or anything like that.

But as an ideological position, do you believe the laws outlined in the Constitution should constrain the government and politicians in what they're able to do?

Do you think if something is explicitly unconstitutional, the government shouldn't be able to do it?

Yes or no?
"A lawyer's primer: If you don't have the law, you argue the facts; if you don't have the facts, you argue the law; if you have neither the facts nor the law, then you argue the Constitution!”

- Anonymous

By the time these kinds of threads play thenselves out - they take a seemingly innocent, "motherhood" issue, like believing in the Constitution, and then attempt to impose their own "hidden" agenda.

Unfortunately, their only real interest in the Constitution is usually limited to a "self-serving" attempts to legitimize their personal "biases!"
 
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Not do you think it is followed, or will it ever be followed, or anything like that.

But as an ideological position, do you believe the laws outlined in the Constitution should constrain the government and politicians in what they're able to do?

Do you think if something is explicitly unconstitutional, the government shouldn't be able to do it?

Yes or no?
By the time these kinds of threads play thenselves out - they take a seemingly innocent, "motherhood" issue, like believing in the Constitution, and then attempt to impose their own "hidden" agenda.

Unfortunately, their only real interest referring to the Constitution is to attempt to "legitimize" their personal "hobby-horse!"

It appears that way.
 
Haha, you couldn't be more wrong. Way to assume based on nothing but a simple question about the Constitution.

So, now that a few people have weighed in from both sides of the aisle and various other persuasions, all but one stating they do support the Constitution, I'm curious for people's thoughts on this.

Here's what the Consitution says about treaties the US signs into law:



Here's relevant text of the UN Convention Against Torture, signed by then-President Reagan on April 18, 1988 and ratified by Congress on October 21, 1994:



The United States is legally required by its Constitution to be bound to all treaties it signs and ratifies as the "Supreme law of the land." The UN torture treaty we signed, ratified (and helped write) legally compels all signatories to prosecute or extradite for prosecution any alleged torturers, including those complicit in torture and to investigate any serious allegations of torture.

Seems pretty cut and dry. If you support the Constitution, think the government and politicians are constrained by it and required to follow it, and the Constitution makes treaties we sign the supreme law of the land, and that treaty outlaws any form of torture under any circumstances and requires we investigate and prosecute anyone suspected of torture, you must oppose torture and support the prosecution of anyone involved in it, right? I don't see any two ways about it.

Are you intentionally lying to score some kind of points or do you not understand your c-p of the treaty on torture?

At no point did it say, unless it's in a non-highleghted section, that the treaty outlaws all forms of torture.

Read it. The entire point is to outlaw all forms of torture. All forms of torture are explicitly outlawed and in a bolded section. Again:



Torture is defined as:



Even those who argue waterboarding shouldn't be classified or is somehow distinct from what we consider torture must admit it meets the classification of the treaty, which is the supreme law of our land.

but hey, if you want to put Clinton, Bush, Obama in chains, be my guest.

It's not about putting people in chains. It's about following the Constitution because it is the basis of our society and government, where government derives its power, and it demands that the constraints it places on government power be followed.

Whether they are or not practically followed (certainly this isn't the only illegal, unconstitutional thing we engage in) if one supports as those polled do and most claim, to support the Constitution than one necessarily and inherently supports abiding by this law. There's not really any escaping it. "I support torture" is a statement that implicitly also states "I do not support following the Constitution as it is plainly and inarguably written." (since unlike some controversial passages, the declarative here couldn't be plainer).

If following the Constitution and adhering to the laws therein leads to the prosecution and conviction of Clinton, Bush, and Obama for authorizing torture, so be it. We are a nation of laws, not men. The President is not above the law. If they didn't want to do the time, they shouldn't have done the crime.

Actually, you can go all the way back to Reagan and pick up anyone involved with Navy SEALS, pilots and Airforce pilots. Cuz they all get sunk in water.

Training in a controlled environment, for the purposes of training rather than punishment or to extract actual intelligence, does not meet the definition of torture so it's irrelevant here and the treaty doesn't apply to it.

This is a difference of opinions.

Wiser men than us decided waterboarding did not fit the definition of torture.

then politics got involved and this is a dead issue.
 
Not do you think it is followed, or will it ever be followed, or anything like that.

But as an ideological position, do you believe the laws outlined in the Constitution should constrain the government and politicians in what they're able to do?

Do you think if something is explicitly unconstitutional, the government shouldn't be able to do it?

Yes or no?
By the time these kinds of threads play thenselves out - they take a seemingly innocent, "motherhood" issue, like believing in the Constitution, and then attempt to impose their own "hidden" agenda.

Unfortunately, their only real interest referring to the Constitution is to attempt to "legitimize" their personal "hobby-horse!"

Oh, there was definitely an agenda. But the interest in referring to the Constitution isn't an attempt to legitimize a personal "hobby-horse." It's to see whether people truly support the Constitution and think it should be followed. Most people say yes but many, when push comes to shove and it allows or disallows the government from doing something they disagree with or agree with, are revealed to be disingenuous.

There really is no wiggle room on what the Constitution says about treaties or what the treaty says about torture. I think I'm bringing to light a clear-cut issue many who identify as supporters of the Constitution may not be aware of when they consider the torture issue.

Support for torture, support even for not investigating and prosecuting all who commit or authorize torture, is direct opposition to the letter and law of the Constitution. The Constitution isn't a backdoor into that conversation, it's the basis of it.
 
Are you intentionally lying to score some kind of points or do you not understand your c-p of the treaty on torture?

At no point did it say, unless it's in a non-highleghted section, that the treaty outlaws all forms of torture.

Read it. The entire point is to outlaw all forms of torture. All forms of torture are explicitly outlawed and in a bolded section. Again:



Torture is defined as:



Even those who argue waterboarding shouldn't be classified or is somehow distinct from what we consider torture must admit it meets the classification of the treaty, which is the supreme law of our land.



It's not about putting people in chains. It's about following the Constitution because it is the basis of our society and government, where government derives its power, and it demands that the constraints it places on government power be followed.

Whether they are or not practically followed (certainly this isn't the only illegal, unconstitutional thing we engage in) if one supports as those polled do and most claim, to support the Constitution than one necessarily and inherently supports abiding by this law. There's not really any escaping it. "I support torture" is a statement that implicitly also states "I do not support following the Constitution as it is plainly and inarguably written." (since unlike some controversial passages, the declarative here couldn't be plainer).

If following the Constitution and adhering to the laws therein leads to the prosecution and conviction of Clinton, Bush, and Obama for authorizing torture, so be it. We are a nation of laws, not men. The President is not above the law. If they didn't want to do the time, they shouldn't have done the crime.

Actually, you can go all the way back to Reagan and pick up anyone involved with Navy SEALS, pilots and Airforce pilots. Cuz they all get sunk in water.

Training in a controlled environment, for the purposes of training rather than punishment or to extract actual intelligence, does not meet the definition of torture so it's irrelevant here and the treaty doesn't apply to it.

This is a difference of opinions.

Wiser men than us decided waterboarding did not fit the definition of torture.

then politics got involved and this is a dead issue.

Not wiser men than us.

The administration was able to find a functionary within their office of legal counsel to provide them with a legal opinion that argued waterboarding didn't meet the definition of torture. That's just one man's legal opinion, it doesn't change the existing laws one bit, it's just one employee of the admin's interpretation of the law.

Legal scholarship and theory, at home and internationally, and with a 50-year-precedent, is clear that waterboarding inflicts "severe pain and suffering either physical or mental," which is why it was used in the first place. You'd have to stretch beyond the bounds of reason to argue it doesn't qualify there and Yoo, their functionary, is practically alone in the world of legal experts on his opinion.

Again, his opinion didn't change a thing, didn't make waterboarding legal. If you find a lawyer who'll tell you that killing your wife is legal if you do it in a fit of rage, that doesn't make it so and if you follow his advice you're still accountable when the cops and courts come calling.
 
So what do you do when the enemy doesn't follow that treaty?
I think beheading is much worse than waterboarding.
 
LOL, so far RW and MarcATL don't support it, nice. LOLZ!

Or wait, they totally do agree with the Constitution it's just they make fun of people that do... and sections of the constitution...
 
So what do you do when the enemy doesn't follow that treaty?
I think beheading is much worse than waterboarding.

If you think the law is impractical, you should advocate for the Congress to officially withdraw from the treaty so that we are not bound by it.

In the meantime, if you're advocating that the government torture people, you're openly advocating that the government ignore the Constitution and break the law with immunity.

Laws may not be perfect and we may not all agree with all of them, the guilty sometimes go free on technicalities for instance, but we are bound by them. Without them, we have lawlessness, which is chaos and anarchy. That's actually part of what's supposed to separate us from the roving tribes of guerilla fighters who behead people that you're talking about.
 
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Here's what the Consitution says about treaties the US signs into law:
Aside from the fact that treaties arent signed into law...

You know that the supremacy clause applies to the states, when there's a conflict between state and federals law/actions - right?

You know that the supremacy clause doesn't put US law and treaties w/ other countries on the same legal level as the US Constitution - right?
 
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So what do you do when the enemy doesn't follow that treaty?
I think beheading is much worse than waterboarding.
If you think the law is impractical, you should advocate for the Congress to officially withdraw from the treaty so that we are not bound by it.
Unless such a thing is explicitly stated in the language of the treaty, Congress has no power to do this.
 
The United States is legally required by its Constitution to be bound to all treaties it signs and ratifies as the "Supreme law of the land." The UN torture treaty we signed, ratified (and helped write) legally compels all signatories to prosecute or extradite for prosecution any alleged torturers, including those complicit in torture and to investigate any serious allegations of torture.

Seems pretty cut and dry. If you support the Constitution, think the government and politicians are constrained by it and required to follow it, and the Constitution makes treaties we sign the supreme law of the land, and that treaty outlaws any form of torture under any circumstances and requires we investigate and prosecute anyone suspected of torture, you must oppose torture and support the prosecution of anyone involved in it, right? I don't see any two ways about it.

Strictly speaking shooting him through the head was a violation of bin Laden's UN Convention rights, but, tell you the truth, Im really not that upset about it. :razz:
 
So what do you do when the enemy doesn't follow that treaty?
I think beheading is much worse than waterboarding.

Here's what the Consitution says about treaties the US signs into law:
Aside from the fact that treaties arent signed into law...

You know that the supremacy clause applies to the states, when there's a conflict between state and federals laws/actions - right?

You know that it doesnt put US law and treaties w/ other countries on the same legal level as the US Constitution - right?

The President signs a treaty once it has been ratified by the Senate. If you have a problem with the wording "signs into law" I understand and technically you're correct, but the effect is the same. With Senate approval, the president signs a treaty just like a bill and it becomes the law of the land.

The Constitution explicitly states:
all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land

That doesn't mean those treaties are on equal footing with the Constitution, it means the Constitution declares that they are binding law of the country (like any other US law that isn't explicitly in the Constitution).

The Supremacy clause makes all ratified treaties legally binding in all the states.

I'm not sure what you're trying to get at, seems to be a semantic issue. You agree that we are bound by treaties we ratify, yes?
 
So what do you do when the enemy doesn't follow that treaty?
I think beheading is much worse than waterboarding.
If you think the law is impractical, you should advocate for the Congress to officially withdraw from the treaty so that we are not bound by it.
Unless such a thing is explicitly stated in the language of the treaty, Congress has no power to do this.

They can draw up and pass a bill that nullifies our commitment to the treaty, if they so choose. That'll never happen of course on this. It would be embracing our commitment to torture.
 

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