Serious question - is air conditioning a human right?

Lack of air conditioning is not cruel as many people do not have it. Neither is it unusual for the same reasons. According to the Constitution the punishment must be both cruel and unusual to be prohibited and lack of air conditioning is neither.

While it is a nice thing to provide air conditioning to the elderly, sick or disabled failure to do so is not a violation of rights.
if you kill them or make them sicker, it is cruel and unusual punishment not part of the sentence...

I disagree.

They are in Prison and can be given water to hydrate with. Nowhere in the constitution does it require our government to offer A\C to prisoners.

Does it bother me they are forcing the State of Texas to do this?

No, but again it is not require by the constitution to do this.
Nowhere in the constitution does it require our government to offer A\C to prisoners.
Cruel and unusual punishment.

Look it up

So are you claiming before the invention of the A\C unit our State and Federal Governments were going against the Constitution?

Please tell me you are not claiming that because a Prison does not have A\C to cool prisoners down is consider cruel to You and if so then do you believe that it is also cruel to lock people away for doing any form of crime?

It is not cruel or unusual punishment seeing the A\C invention was long after the creation of the Constitution and Prisons were part of the nation for many years.


"So are you claiming before the invention of the A\C unit our State and Federal Governments were going against the Constitution?"

No, I"m claiming that Cruel and Unusual punishment is illegal under the Constitution.

Read it sometime.

and stop making up stupid crap.
 
Lack of air conditioning is not cruel as many people do not have it. Neither is it unusual for the same reasons. According to the Constitution the punishment must be both cruel and unusual to be prohibited and lack of air conditioning is neither.

While it is a nice thing to provide air conditioning to the elderly, sick or disabled failure to do so is not a violation of rights.
if you kill them or make them sicker, it is cruel and unusual punishment not part of the sentence...

I disagree.

They are in Prison and can be given water to hydrate with. Nowhere in the constitution does it require our government to offer A\C to prisoners.

Does it bother me they are forcing the State of Texas to do this?

No, but again it is not require by the constitution to do this.
Nowhere in the constitution does it require our government to offer A\C to prisoners.
Cruel and unusual punishment.

Look it up

So are you claiming before the invention of the A\C unit our State and Federal Governments were going against the Constitution?

Please tell me you are not claiming that because a Prison does not have A\C to cool prisoners down is consider cruel to You and if so then do you believe that it is also cruel to lock people away for doing any form of crime?

It is not cruel or unusual punishment seeing the A\C invention was long after the creation of the Constitution and Prisons were part of the nation for many years.


"So are you claiming before the invention of the A\C unit our State and Federal Governments were going against the Constitution?"

No, I"m claiming that Cruel and Unusual punishment is illegal under the Constitution.

Read it sometime.

and stop making up stupid crap.

I ask you a question.

It is not cruel nor unusual punishment if a inmate is without A\C.
 
How is this in politics?
In answer to your question, NO!

I'm getting there, was hoping for a few people to chime in

To me, this is political, but I won't complain if it gets moved to current events:

Federal judge orders Texas prisons to provide A/C


quote:
In a searing 100-page rebuke of the Texas prison system, a federal judge Wednesday ordered state officials to provide air-conditioned living quarters for elderly, disabled and other heat-sensitive inmates at the Pack Unit northwest of Houston.

The judge's ruling — which chastises prison officials for "obstruction" and "deliberate indifference" to inmate suffering — gives the state 15 days to draft a plan to ensure that 475 vulnerable inmates have living units cooled to no more than 88 degrees and that 1,000 others have easy access to indoor respite areas. The prison must also develop a heat-wave policy to prevent further injuries and install insect-proof window screens.


Why stop at prisoners, shouldn't everyone have the same rights to free A/C?
This fails as a strawman fallacy – no one is ‘arguing’ that air conditioning is a ‘right.’

There is a right to be free from cruel and unusual punishment, however.

From your linked article, which you obviously failed to read or comprehend:

“Ellison concluded that the inmates are likely to win at trial, saying the conditions outlined in testimony and documents appear to violate the Eighth Amendment's prohibition against cruel and unusual punishment. The preliminary injunction will remain in place for 90 days, which should carry the order through the hottest months.”
 
This fails as a strawman fallacy – no one is ‘arguing’ that air conditioning is a ‘right.’

ah, the strawman card

if I can't make a coherent argument, I will cry "strawman"

when a federal court mandates that the prison provide AC; they are calling it a right

placing modern conveniences as something necessary to comply with the 8th amendment identifies it as "a right" - even if only for the elderly & infirm

if I ran a prison, I would want to have AC & cable TV & a solid library for the inmates

wjy?

because maintaining control is easier if there is something to take away

wanna riot? wanna ignore the rules & engage in bad behavior?

no TV - no AC

just because I would offer it it & think it is wise to have it available, does not mean that I am on board with it being mandated by a federal judge

see the difference?
 
Except, AC wasn't even mandated and this only pertains to one prison.
 
if you kill them or make them sicker, it is cruel and unusual punishment not part of the sentence...

I disagree.

They are in Prison and can be given water to hydrate with. Nowhere in the constitution does it require our government to offer A\C to prisoners.

Does it bother me they are forcing the State of Texas to do this?

No, but again it is not require by the constitution to do this.
Nowhere in the constitution does it require our government to offer A\C to prisoners.
Cruel and unusual punishment.

Look it up

So are you claiming before the invention of the A\C unit our State and Federal Governments were going against the Constitution?

Please tell me you are not claiming that because a Prison does not have A\C to cool prisoners down is consider cruel to You and if so then do you believe that it is also cruel to lock people away for doing any form of crime?

It is not cruel or unusual punishment seeing the A\C invention was long after the creation of the Constitution and Prisons were part of the nation for many years.


"So are you claiming before the invention of the A\C unit our State and Federal Governments were going against the Constitution?"

No, I"m claiming that Cruel and Unusual punishment is illegal under the Constitution.

Read it sometime.

and stop making up stupid crap.

I ask you a question.

It is not cruel nor unusual punishment if a inmate is without A\C.
Most of our local nursing homes don't have it either. Of course, we're in Maine, but still, it gets pretty warm in July and August.
 
Except, AC wasn't even mandated and this only pertains to one prison.
You can't be this stupid - I have read your other posts ITT, so I am surprised by this comment from you

A ruling in federal court sets a precedent that must be followed unless there is a contradictory ruling in another federal court, or it is overruled on appeal or by SCOTUS

And the court did mandate that a certain temperature or cooler be maintained, which is impossible to do without AC
 
Except, AC wasn't even mandated and this only pertains to one prison.
You can't be this stupid - I have read your other posts ITT, so I am surprised by this comment from you

A ruling in federal court sets a precedent that must be followed unless there is a contradictory ruling in another federal court, or it is overruled on appeal or by SCOTUS

And the court did mandate that a certain temperature or cooler be maintained, which is impossible to do without AC

That was from your own link.

The prison has until August 8th to come up with a plan. X amount of people whose health was at issue had to be moved as it violated the 8th amendment. They weren't moved to an area with air conditioning. That decision will be appealed--from your own link.

Texas is one of those states that will do whatever it takes to circumvent rulings. Have you ever seen the commercial where the little boy in the back seat of a car has his finger a half inch from his sister's arm and repeats the phrase, "I'm not touching you. I'm not touching you. I'm not touching you" ? Yeah, that's Texas.

It makes sense, especially given detention center and prison riots, to add air conditioning. It would be the easiest route. It's simple. Doesn't mean Texas will do it. It will also open the door for other lawsuits. That will shift things.

I have a feeling it's going to take a Supreme Court decision to really move it.

Texas is in the middle of a lot of changes in their criminal justice system. A lot. It will be interesting to see what they come up with on the 8th. Keep in mind Texas is a state where a dad can catch a guy molesting his son and kill him. Even the most die hard liberals in Texas applaud. Hell, I applaud that.
 
I disagree.

They are in Prison and can be given water to hydrate with. Nowhere in the constitution does it require our government to offer A\C to prisoners.

Does it bother me they are forcing the State of Texas to do this?

No, but again it is not require by the constitution to do this.
Nowhere in the constitution does it require our government to offer A\C to prisoners.
Cruel and unusual punishment.

Look it up

So are you claiming before the invention of the A\C unit our State and Federal Governments were going against the Constitution?

Please tell me you are not claiming that because a Prison does not have A\C to cool prisoners down is consider cruel to You and if so then do you believe that it is also cruel to lock people away for doing any form of crime?

It is not cruel or unusual punishment seeing the A\C invention was long after the creation of the Constitution and Prisons were part of the nation for many years.


"So are you claiming before the invention of the A\C unit our State and Federal Governments were going against the Constitution?"

No, I"m claiming that Cruel and Unusual punishment is illegal under the Constitution.

Read it sometime.

and stop making up stupid crap.

I ask you a question.

It is not cruel nor unusual punishment if a inmate is without A\C.
Most of our local nursing homes don't have it either. Of course, we're in Maine, but still, it gets pretty warm in July and August.

I have no issue with cooling the inmates. My issue is with the claim it is cruel and unusual punishment if the prison system does not supply it.

It get hotter than hell here in Texas and the humidity is horrible, so I can be sway to cool those in prison.
 
Last edited:
Except, AC wasn't even mandated and this only pertains to one prison.
You can't be this stupid - I have read your other posts ITT, so I am surprised by this comment from you

A ruling in federal court sets a precedent that must be followed unless there is a contradictory ruling in another federal court, or it is overruled on appeal or by SCOTUS

And the court did mandate that a certain temperature or cooler be maintained, which is impossible to do without AC

That was from your own link.

The prison has until August 8th to come up with a plan. X amount of people whose health was at issue had to be moved as it violated the 8th amendment. They weren't moved to an area with air conditioning. That decision will be appealed--from your own link.

Texas is one of those states that will do whatever it takes to circumvent rulings. Have you ever seen the commercial where the little boy in the back seat of a car has his finger a half inch from his sister's arm and repeats the phrase, "I'm not touching you. I'm not touching you. I'm not touching you" ? Yeah, that's Texas.

It makes sense, especially given detention center and prison riots, to add air conditioning. It would be the easiest route. It's simple. Doesn't mean Texas will do it. It will also open the door for other lawsuits. That will shift things.

I have a feeling it's going to take a Supreme Court decision to really move it.

Texas is in the middle of a lot of changes in their criminal justice system. A lot. It will be interesting to see what they come up with on the 8th. Keep in mind Texas is a state where a dad can catch a guy molesting his son and kill him. Even the most die hard liberals in Texas applaud. Hell, I applaud that.
OK - thanks for the well thought out response

I understand that the ruling is they had to be moved & that the matter is being appealed; but it is effectively a mandate (albeit, one without teeth until the appeal is heard); and if upheld, will become the law of the land unless SCOTUS takes the case

I disagree with you that SCOTUS will decide it; I kind of doubt they take this case; but I could be wrong about that
 
Cruel and unusual punishment.

Look it up

So are you claiming before the invention of the A\C unit our State and Federal Governments were going against the Constitution?

Please tell me you are not claiming that because a Prison does not have A\C to cool prisoners down is consider cruel to You and if so then do you believe that it is also cruel to lock people away for doing any form of crime?

It is not cruel or unusual punishment seeing the A\C invention was long after the creation of the Constitution and Prisons were part of the nation for many years.


"So are you claiming before the invention of the A\C unit our State and Federal Governments were going against the Constitution?"

No, I"m claiming that Cruel and Unusual punishment is illegal under the Constitution.

Read it sometime.

and stop making up stupid crap.

I ask you a question.

It is not cruel nor unusual punishment if a inmate is without A\C.
Most of our local nursing homes don't have it either. Of course, we're in Maine, but still, it gets pretty warm in July and August.

I have no issue with cooling the inmates. My issue is with the claim it is cruel and unusual punishment if the prison system does not supply it.

It get hotter than hell here in Texas and the humidity is horrible, so I can be sway to cool those in prison.
far too often people get caught up in arguing the emotional aspects of a situation rather than the implication of the broader policy

I will give an example that many of my compatriots on the right may have a hard time with - the OJ Simpson parole

OJ was given a sentence that was FAR too harsh for the crime he was convicted on & was denied parole earlier because of the perception that he got away with murder

He was punished for a prior bad act.

So, YES - I think he got away with murder and NO I am not sympathetic to him personally for what he went through in the Nevada penal system

But I find the facts surrounding his case to be troubling insofar as precedent is concerned. Do we want every simple burglar to get the maximum sentence & to be denied parole?

And that is where I am on this AC for prisoners situation. Would I provide it & do I think it is wise to do so? YES

Do I think failure to do so is cruel and unusual or that it should be mandated by law? NO

I mean, how can it be cruel and unusual when there are actual citizens that live without AC?

Will be interesting to see how this thing shakes out
 
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

If regular people live in said conditions, how in the blooming hell is it unusual?

"Cruel AND unusual", dude.

Because, unlike the people you refer to, the inmates dont' have the wherewithal to escape the heat and humidity.

They can visit friends, they can go to a store with a/c and soak up the cold, they can take turns sticking their heads in the fridge.

You lost this argument 50 posts ago, and you're too hard headed to admit it
BS. They gave up the ability to visit friends, go to the store, etc, when they decided to break the law. They made a choice. It sucks they can't access things others do, but that's tough shit. They made their choice, now they should live with the consequences of their choices.

and if they die, you don't give a shit, right?

they broke the law, so let them die.

the crime wasn't enough to warrant a death penalty verdict, but asking for some relief from the heat is?

how does it feel to be judge, jury and executioner?
How's it feel to a thief and a cheat? That's what you are when you use government to coerce those who have earned a living to surrender their living in order to provide luxuries to those who not only do not earn their keep, they have violated the laws laid down by the society they scorn. Wait, that means you collude with government to steal from and cheat decent people who have not committed crimes.
AC is definitely not a human right. It is a luxury and a comfort that costs money to provide. I've already allowed that AC might be provided in a prison infirmary. You should be satisfied with that.
Frankly, if prison were less comfortable, less "understanding", then maybe, just maybe some would avoid going there.
What else might you consider a human right?
 
Cruel and unusual punishment.

Look it up

So are you claiming before the invention of the A\C unit our State and Federal Governments were going against the Constitution?

Please tell me you are not claiming that because a Prison does not have A\C to cool prisoners down is consider cruel to You and if so then do you believe that it is also cruel to lock people away for doing any form of crime?

It is not cruel or unusual punishment seeing the A\C invention was long after the creation of the Constitution and Prisons were part of the nation for many years.


"So are you claiming before the invention of the A\C unit our State and Federal Governments were going against the Constitution?"

No, I"m claiming that Cruel and Unusual punishment is illegal under the Constitution.

Read it sometime.

and stop making up stupid crap.

I ask you a question.

It is not cruel nor unusual punishment if a inmate is without A\C.
Most of our local nursing homes don't have it either. Of course, we're in Maine, but still, it gets pretty warm in July and August.

I have no issue with cooling the inmates. My issue is with the claim it is cruel and unusual punishment if the prison system does not supply it.

It get hotter than hell here in Texas and the humidity is horrible, so I can be sway to cool those in prison.
Reasonable. I object not only to lack of AC being "cruel and unusual" punishment, but that AC is not, nor has it ever been, a human right.
 
We're tropical animals; we were built to withstand the heat.

The cold not so much.
 
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

If regular people live in said conditions, how in the blooming hell is it unusual?

"Cruel AND unusual", dude.

Because, unlike the people you refer to, the inmates dont' have the wherewithal to escape the heat and humidity.

They can visit friends, they can go to a store with a/c and soak up the cold, they can take turns sticking their heads in the fridge.

You lost this argument 50 posts ago, and you're too hard headed to admit it
BS. They gave up the ability to visit friends, go to the store, etc, when they decided to break the law. They made a choice. It sucks they can't access things others do, but that's tough shit. They made their choice, now they should live with the consequences of their choices.

and if they die, you don't give a shit, right?

they broke the law, so let them die.

the crime wasn't enough to warrant a death penalty verdict, but asking for some relief from the heat is?

how does it feel to be judge, jury and executioner?
How's it feel to a thief and a cheat? That's what you are when you use government to coerce those who have earned a living to surrender their living in order to provide luxuries to those who not only do not earn their keep, they have violated the laws laid down by the society they scorn. Wait, that means you collude with government to steal from and cheat decent people who have not committed crimes.
AC is definitely not a human right. It is a luxury and a comfort that costs money to provide. I've already allowed that AC might be provided in a prison infirmary. You should be satisfied with that.
Frankly, if prison were less comfortable, less "understanding", then maybe, just maybe some would avoid going there.
What else might you consider a human right?

Perhaps you should reread the OP, and see just exactly who qualifies for the a/c.


(psst, it ain't the whole damn prison)
 
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

If regular people live in said conditions, how in the blooming hell is it unusual?

"Cruel AND unusual", dude.

Because, unlike the people you refer to, the inmates dont' have the wherewithal to escape the heat and humidity.

They can visit friends, they can go to a store with a/c and soak up the cold, they can take turns sticking their heads in the fridge.

You lost this argument 50 posts ago, and you're too hard headed to admit it
BS. They gave up the ability to visit friends, go to the store, etc, when they decided to break the law. They made a choice. It sucks they can't access things others do, but that's tough shit. They made their choice, now they should live with the consequences of their choices.

and if they die, you don't give a shit, right?

they broke the law, so let them die.

the crime wasn't enough to warrant a death penalty verdict, but asking for some relief from the heat is?

how does it feel to be judge, jury and executioner?
How's it feel to a thief and a cheat? That's what you are when you use government to coerce those who have earned a living to surrender their living in order to provide luxuries to those who not only do not earn their keep, they have violated the laws laid down by the society they scorn. Wait, that means you collude with government to steal from and cheat decent people who have not committed crimes.
AC is definitely not a human right. It is a luxury and a comfort that costs money to provide. I've already allowed that AC might be provided in a prison infirmary. You should be satisfied with that.
Frankly, if prison were less comfortable, less "understanding", then maybe, just maybe some would avoid going there.
What else might you consider a human right?

Where do you come up with this?
 
How do s USMB feel about this?

Should the government have to provide cold air?

Nobody has the right take what doesn't belong to them, even if a majority vote for theft.

What is done with the loot, be it air conditioners, healthcare, or beer, is inconsequential. The idea of wealth redistribution is fundamentally immoral.
 
Nobody has the right take what doesn't belong to them, even if a majority vote for theft.

What is done with the loot, be it air conditioners, healthcare, or beer, is inconsequential. The idea of wealth redistribution is fundamentally immoral.
The right of taxation has long been enjoyed by every human government that has ever existed for all practical purposes.

To insist that the government does not have this right is pointless, ignorant and a waste of time.
 

Forum List

Back
Top