Also posted here:
Virginia adopted this provision of the English Bill of Rights in the Virginia Declaration of Rights of 1776, and the Virginia convention that ratified the U.S. Constitution recommended in 1788 that this language also be included in the Constitution.
Virginians such as George Mason and Patrick Henry wanted to ensure that this restriction would also be applied as a limitation on Congress. Mason warned that, otherwise, Congress may “inflict unusual and severe punishments.”
Henry emphasized that Congress could otherwise depart from precedent: "What has distinguished our ancestors?--That they would not admit of tortures, or cruel and barbarous punishment. But Congress may introduce the practice of the civil law, in preference to that of the common law. They may introduce the practice of France, Spain, and Germany...."
Ultimately, Henry and Mason prevailed, and the Eighth Amendment was adopted. James Madison changed "ought" to "shall", when he proposed the amendment to Congress in 1789.
In Furman v. Georgia, 408 U.S. 238 (1972), Justice Brennan wrote, "There are, then, four principles by which we may determine whether a particular punishment is 'cruel and unusual'."
The "essential predicate" is "that a punishment must not by its severity be degrading to human dignity," especially torture.
"A severe punishment that is obviously inflicted in wholly arbitrary fashion."
"A severe punishment that is clearly and totally rejected throughout society."
"A severe punishment that is patently unnecessary."
Justice Brennan also wrote that he expected no state would pass a law obviously violating any one of these principles, so court decisions regarding the Eighth Amendment would involve a "cumulative" analysis of the implication of each of the four principles.
In this way, the United States Supreme Court "set the standard that a punishment would be cruel and unusual [,if] it was too severe for the crime, [if] it was arbitrary, if it offended society's sense of justice, or if it was not more effective than a less severe penalty."
Nearly 300,000 enlisted in one year to get a job to defend this regime
The world is my country, all mankind are my brethren, and to do good things is my religion. Thomas Paine, Godfather of the American Revolution
I posted it on my Facebook, and got these two comments below...
I have medical problems myself I think he is embellishing a bit.
I agree. I didn't react this much to having my stomach pumped and I was a young kid at the time.
When a true genius appears in the world, you may know him by this sign: that the dunces are all in confederacy against him. ~J. Swift
if you're resisting. As a kid, the commenter wasn't so much willing, but was able to cooperate with the coaching to continuously swallow. It's horrible and your commenters are minimizing, but their experience would have been a little better because of wanting it over with enough to go along with it.
Is disgusting...beyond belief.
No one should have to go through this.
Time to get our guns.
Time to INVESTIGATE the investigators of 9/11. PROSECUTE the prosecutors. EXPOSE the cover-up.
I'm telling you in truth my friend, here's YOUR BIGGEST GUN - EVER:
KEEP SHOOTING at the traitors with it.
Until TRUE justice, from The People, is walking again towards them and takes care of their ACCOUNTS.
Even with fair trials (God help us be strong and just to honor the texts despite all the blood we've had to endure watching they've spilled!) ... HELL! I wouldn't want to BEAR THEIR NAMES and have their record!
Let alone their posterity... aka "UTTER INFAMY".
"Cyril" pronounced "see real". I code stuff.
"To study and not think is a waste. To think and not study is dangerous." -- Confucius
IS YOUR BLOOD BOILING???
"We’ve moved beyond the Mises textbook. We’re running in the open market." - Erik Voorhees
Horrendous, isn't it? Just wait for when that'll be done on American citizens, your own neighbors or relatives, on a daily basis, 5, 10, or 20 miles from your home, when they'll be found speaking out and outraged TOO LATE.
Or, plan B, make sure you can get rid of the distraction BANANAS plugged into your neighbors' ears... before too late, precisely.
What makes you think it doesn't happen now? They lock people up in cages in the us of a for enjoying or using a plant that the us government owns a patent on the medical use of., They wreck their lives putting them in places with criminals and try to destroy them. Why would it be far fetched for these people to force feed someone?
This place is so far out from being decent it's amazing.
Ya can't have any pudding if ya don't eat your meat!
How can ya have any pudding if ya don't eat yer meat!!
The people shouting USA USA USA, must be shouting for the corporation. They have no idea about the principle.
The DC area is the headquarters for the most EVIL souls that have every occupied space on this planet.
It is hard to imagine a more stupid or more dangerous way of making decisions than by putting those decisions in the hands of people that pay no price for being wrong.
I love my country. I fly my American flag.
But I HATE my government.
Ashamed and disgusted on what we have and the fact that I had a part in electing GW twice to office.
But yeah...when I see DC I used to think ow wow the august supreme court or the lincoln memorial or the capital.....and NOW I JUST SEE DARKNESS AND DRIPPING FANGS.
aren't like that at all. The stress of it is one thing but insinuating this is creating excruciating pain for the user of the NG tube is misleading at best. I absolutely 110% oppose Guantanamo and the force feeding, but we can't exaggerate and mislead or the truth becomes irrelevant.
"Timid men prefer the calm of despotism to the tempestuous sea of liberty."
Click Here To See The Candidates On The Record
You do realize that the gauge on the child size tube is much smaller than what was shoved in his nose right? You also noted that she did it at her own pace, under her own terms, and with the aid of constant lubrication (water).
NG tubes can be very painful, I know, I've had to administer them. In some cases analgesics are applied to deal with the pain of insertion.
Now the Lord is that Spirit: and where the Spirit of the Lord is, there is liberty.
www.yaliberty.org - Young Americans for Liberty
www.ivaw.org/operation-recovery - Stop Deploying Traumatized Troops
You do realize relative to the size of her nasal passage it's just as big right? She had no more lubrication than he did. Water was to simply make it go down her throat. My dad has had to have them done, and he's never even flinched.
I'm not disputing that this is wrong. I'm saying he's either a bitch or he's acting. That does nothing for the truth but damage it.
so just let them starve. Or give them the tube or give them the tube and let them put it in themselves. They won't because they are not eating in the 1st place. When they die or are on the sick bed with intravenous feeding, then we can say look. They let them starve. You know they are not going to let it get to that point.
But, I agree Places like GITMO need to be closed down. Isn't it odd that it is in Cuba where no one can get to it?
It's time! Rand Paul 2016!
"Truth, Justice, and the American Way!"
Gitmo myself. But, the one you posted is a child. The one for them are smaller of course. Here is an adult with one inserted, very similar in size.
of adults having it done and not breaking down in tears and in some instances laughing.. I used the child for emphasis.
procedure in emergency rooms to open the airways and gain access to the stomach. They used much larger tubes. Nasopharyngeal, Gastric intubation via the nasal passage (ie, nasogastric route) is a common procedure that provides access to the stomach for diagnostic and therapeutic purposes. A nasogastric (NG) tube is used for the procedure. The placement of an NG tube can be uncomfortable for the patient if the patient is not adequately prepared with anesthesia to the nasal passages and specific instructions on how to cooperate with the operator during the procedure. I'm thinking it's either this or the die. Maybe if they knock them out to perform it there wouldn't be pain. But, to keep giving anesthesia every feeding time would be another issue. There is intravenous feeding.
The only thing that I think could have made it better is if they had his vitals monitored during the process.
(So that we could see the effects on his heart rate, blood pressure, etc).
The Philosophy Of Liberty -
As these things become institutionalized they will become harder to eradicate.
"Bipartisan: both parties acting in concert to put both of their hands in your pocket."-Rothbard
That was harder to watch than people getting shot on liveleak.com.
I have a lot more respect for Mos Def after seeing this brutal example of the new age inquisition by age old goldsmiths
A true flower can not blossom without sunlight and a true man can not live without love.
It is difficult to do nothing when torture is right in your face. Reading about something a thousand miles away is not an emergency, but when you see it happen right in front of you... I could never participate in things like this. I will talk about this for a week at least, I want people to know that torture is going on right now, perpetrated by their military.
"To prove this, let facts be submitted to a candid world."
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