Forum Post: Dear Mr. Mayor, kindly stop torturing us. 2/2

(cont)

Finally, I read in the Constitution that the 8th Amendment forbids cruel and unusual punishments and the 14th Amendment guarantees due process. Both of which have been upheld with respect to state rights as per Louisiana ex rel. Francis v. Resweber, 329 U.S. 459 (1947), and in Robinson v. California, 370 U.S. 660 (1962).

Here is an interesting quote from Justice Potter Stewart's opinion for the Robinson Court whereby he held that "infliction of cruel and unusual punishment is in violation of the Eighth and Fourteenth Amendments." Moreover, he cited framers of the Fourteenth Amendment, such as John Bingham:

“Many instances of State injustice and oppression have already occurred in the State legislation of this Union, of flagrant violations of the guarantied privileges of citizens of the United States, for which the national Government furnished and could furnish by law no remedy whatever. Contrary to the express letter of your Constitution, "cruel and unusual punishments" have been inflicted under State laws within this Union upon citizens, not only for crimes committed, but for sacred duty done, for which and against which the Government of the United States had provided no remedy and could provide none.”

Mr. Mayor, I admit I don’t know everything. But don’t I at least have the right to know why our right not to be tortured must take a back seat to cleaning or closing a public park? Explain it to me, please. Or is our world so maligned that even that must fall under a need to know basis?

If so, then this is why I protest. If torturing innocent people is what it takes to keep the peace, then I protest. If macing little old ladies and gassing veterans marching for peace is necessary to keep the peace, then I protest. If abridging all of our rights of freedom of speech, press, assembly, religion, petition, due process and allowing state torture is necessary to keep the peace, then I protest. And I will continue to protest til death do us part.

Sincerely and your kin always,

John James Baker New Yorker Protecting Democracy

www.facebook.com/bakerjohnj