Scalia is a skeezy pig.Just watch the boviating blowhards on the right jump on this to say, "See? We told you so. Torture is constitutional."Scalia's "tortured" rationalization is identical in nature to the abominable legal opinion John Woo wrote to advance the idea of the Unitary Executive that Congress' constutional power to "declare" war was unconnected to the President's Constitutional power to "wage" war; that 1.) a declaration of war was not necessary to wage war and 2.) the power to declare war did not mean Congress had any voice in the execution of war. In short, Woo argued that Congress' power to declare war was only ceremonial since the President could unilaterally declare a state of war and once he did, he was beyond the reach of Congress in all decisions regarding the execution of the war.