Yes, the US government tortures people, and there is no clause or conceivable construction of the Constitution that allows it. From Andrew P. Napolitano at lewrockwell.com:
During the past three weeks, some unexpected government events occurred, exposing more government crimes and lies.
In the Supreme Court, the Department of Justice claimed that while the government knows about torture during the presidency of George W. Bush, nevertheless, because the U.S. is still at war, it can refuse to provide documentation of the torture to Polish prosecutors who are trying Polish intelligence agents for torture committed in Poland at the direction of the CIA.
The DOJ told the court the U.S. is still fighting against the Taliban in Afghanistan. The government not only tortures and kills, but it also lies laughably to federal judges.
Two weeks later, for the first time in the post-World War II era, a defendant testified in a public courtroom about two years of torture inflicted upon him by CIA agents.
The torture consisted of repeatedly forcing water up his nose, beatings to his head and ribs, chained naked confinement for days in a government refrigerator, weeks of sleep deprivation, force-feeding through his rectum, and rape. Yes, rape.
Majid Khan told the court “The more I cooperated, the more I was tortured.” The courtroom setting was Kahn’s sentencing hearing at the U.S. Naval Base at Guantanamo Bay, Cuba, for his guilty plea nine years ago to being a money courier to folks he didn’t know and who apparently years later used the money he brought them (isn’t money fungible?) to kill innocents in Indonesia, which happened during his CIA confinement.
Then, prosecutors, for the first time in the modern era, acknowledged in a public courtroom the defendant’s torture. They told the military jury that Kahn is lucky to be alive — after what the CIA did to him, surely an understatement.