After reading Hunter's recent diary about the spectacularly stupid speech that Scalia made to a Swiss radio station, I made this snarky comment. But it didn't get much reaction, probably because it was near the end of a long, long line of great comments and I didn't find the diary until nearly a day later (thanks, Kosmail, for alerting me to these great diaries!)
I'd still like to share it, though. So, here. This is what I would have said to Antonin Scalia if he had been my student, if you'll just follow me over the orange squiggle...
Dear Antonin:
Your recently submitted speech on torture and the Constitution clearly demonstrates that you did not do your research. You may revise and resubmit (written) for a reduced grade (20% reduction as stated in the syllabus).
Before you prepare your revision, you should review the Eighth Amendment, the Due Process clause of the Fourteenth Amendment, and the following relevant case law:
Louisiana ex rel. Francis v. Resweber, 329 U.S. 459 (1947)
Robinson v. California, 370 U.S. 660 (1962)
Furman v. Georgia, 408 U.S. 238 (1972)
I further remind you that the United States is also a signatory to the Geneva Convention, which prohibits torture of prisoners of war. It may be personally distasteful to you, but the prisoners of whom we are speaking qualify as prisoners of war under international law. This means that the Geneva Convention is also binding precedent on United States actions.
Although you have continually struggled in Constitutional Law 101, you can save your grade if you act now. I expect a revised version of your speech on my desk by Friday of next week (Dec. 19, 2014). Remember that your position must be backed by legal principles and not simply your personal opinion. Even the most respected jurists in American history have had to put aside their personal opinions when making decisions on Constitutional law; I expect you to do the same.
Failure to do this will result in an F in the course (and no recommendation letters for your future employment applications).
Sincerely,
Professor KoSC