[ tawr-cher ]
the act of inflicting excruciating pain, as punishment or revenge, as a means of getting a confession or information, or for sheer cruelty.a method of inflicting such pain
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Scalia may have been the funniest Justice in American history by far. But this is an abuse of the text, and much harder to feel secure in his rulings, because he is clearly dissembling, and covering up the truth, which is of COURSE THE 8TH Amendment applies.
To have a Supreme Court Justice “textualist” ignore the dictionary definition is not good.
The 24 example is probably something that could be overlooked, but urgency of information declines days after capture, plans change, especially, when, people who know plans have been captured. So even that small exception closes quickly, and American prisoners – kept by taxpayer dollars anywhere in the world have due process rights. Why would we want to keep feeding and housing and securing people who are innocent, aside from generally not wanting people in Jail
But yes torture is clearly prohibited by the Eighth amendment, as the Founders clearly wished it to be.