Skip to content

If you are sentenced to torture for a crime, yes, that is…

“If you are sentenced to torture for a crime, yes, that is a cruel punishment. But the mere fact that somebody is tortured is - is unlawful under - under our statutes, but the Constitution happens not to address it, just as it does not address a lot of other horrible things.” quote by Antonin Scalia
Download Open image
“If you are sentenced to torture for a crime, yes, that is a cruel punishment. But the mere fact that somebody is tortured is - is unlawful under - under our statutes, but the Constitution happens not to address it, just as it does not address a lot of other horrible things.”

Antonin Scalia

About This Quote

This interpretation was drafted with AI assistance. It is one reading of the quote, not the author's own explanation.

The quote highlights a legal paradox where torture is illegal by statute but not explicitly prohibited by the Constitution, exposing gaps in constitutional protection.

In simple terms: Torture is illegal but not constitutionally banned, revealing legal gaps.

Key Takeaway

Advocate for constitutional clarification on torture.

Themes

law human rights constitution

Mood

critical serious

Type

legal political

When to use this quote

  • criminal justice reform
  • human rights advocacy
  • policy drafting

Key Concepts

legal gaps constitutional interpretation

Questions to Reflect On

  • How can constitutional law evolve to cover such gaps?
  • What mechanisms can protect against unaddressed abuses?
A Different Perspective

Constitutional silence may limit enforceability.

★ ★ ★ ★ ★ No ratings yet

More by Antonin Scalia

Explore all 146 Antonin Scalia quotes

More Constitution quotes

Browse all 4,507 Constitution quotes