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Will, what Scalia said about torture was not a pronouncement on policy. As a legal matter, if the 8th amendment applies only to the criminal process then it doesn't have application to the war power. That's not neoconservative at all, it's an issue of where one part of the const ends and another begins. If your local jailer tortured convicts or criminal suspects, then the 8th amendment would come into play. But it has nothing to do with collecting intelligence in wartime - that's covered by a whole different set of rules.
There is no such thing as a neo-con view of the constitution. Neoconservatism is a foreign policy approach, not a legal approach. It has to COMPLY with the law, but so does realism, or internationalism, or isolationism, or Wilsonianism or any other ism.
You're just throwing labels around.
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