The founding fathers were not stupid.
Torture had existed for thousands of years, as a method of getting information from a captured enemy. The British used it on American revolutionaries.
They could have put it in there, by name, but did not, because they knew it would cripple the military in a time of need.
Now, if a liberal wants to use the “cruel and unusual punishment,” clause, as a case against ‘torture’, then that applies only to US citizens, not enemies in foreign lands..............
A liberal who wants to argue against torture could just point to the U.N. Convention Against Torture. The issue is not whether torture is illegal--it clearly is not--but rather whether the acts described in this report are torture.