Constitution Quote by Antonin Scalia
“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.”
About This Quote
Source Speech: Oral Argument, Supreme Court, 2005
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.
![“Next came the Patent laws. These began in England in 1624; and, in this country, with the adoption of our constitution. Before then [these?], any man might instantly use what another had invented; so that the inventor had no special advantage from his own invention. The patent system changed this…” quote by Abraham Lincoln](https://sms4smile.com/quotes/img-quotes/449/abraham-lincoln-88_adoption_next-came-the-patent-laws-these-began-in_1828.jpg)
