Obama should state that 5th and 8th amendments bar torture

Great piece by David Bromwich on Huffpo calling for a full investigation of the torture-orderers, so as to establish why they did it, and to prevent the repetition of such power-grabs. Names Jane Harman as a rationalizer of torture: "I'm OK with it not being pretty" --on extreme interrogation. And makes this point I've seen nowhere else:

The Bill of Rights outlaws torture, explicitly, in two of its ten amendments, the fifth and the eighth. All Americans ought to know this; and President Obama might take the opportunity to say it some day: it could not hurt his position. "No person," says the fifth amendment, "shall be compelled in any criminal case to be a witness against himself." Torture is compulsion; its purpose, when used as evidence in a military tribunal, is to compel the prisoner to serve as a witness against himself. As Leonard Levy points out in Origins of the Bill of Rights, the history of this particular right lies in the horror of the American founders at the arbitrariness of Roman law and its legacy of ex officio oaths and coerced confessions. The non-conforming Protestants whose spirit animates the Constitution were looking to assure that nothing in the history of this country would resemble the Star-Chamber proceedings under Charles I. The language of the eight amendment is even plainer: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." Writes Levy: "Cruel and unusual punishment referred to methods of punishment as well as their severity; they had to be as swift and painless as possible and in no circumstances involve a lingering death or any form of torture." Any form of torture: let those words stand alone against the hairsplitting sophistries of John Yoo and Jay Bybee.

About David Bromwich

David Bromwich teaches literature at Yale. He is a frequent contributor to the Huffington Post and has written on politics and culture for The New Republic, The Nation, The New York Review of Books, and other magazines. He is editor of Edmund Burke's selected writings On Empire, Liberty, and Reform and co-editor of the Yale University Press edition of On Liberty.
Posted in US Policy in the Middle East, US Politics

{ 4 comments... read them below or add one }

  1. ... says:

    go directy after the past torturers in command – cheney, rumsfield, and bush/rice to a lesser extent….

  2. ... says:

    meanwhile…. biz as usual at the upside down house.. "The White House and the Democratic leadership in the Senate signaled on Thursday that they would block for now any effort to establish an independent commission to investigate the Bush administration’s approval of harsh interrogation techniques.."

  3. Me says:

    Is it still too early to shoot the bastards?

  4. tommy says:

    The Bill of Rights explicitly outlaws torture, therefore the US has not tortured. This is how totalitarianism works.

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