From: monty.harder@famend.com (MONTY HARDER)
Date: Tue, 18 Jul 95 17:34:21 PDT
To: CYPHERPUNKS@toad.com
Subject: Re: Root Causes
In-Reply-To: <8AD533C.000300016D.uuout@famend.com>
Message-ID: <8AD747E.00030001AB.uuout@famend.com>
MIME-Version: 1.0
Content-Type: text/plain


[Disclaimer: IASNAL, but I am the host of the Bill of Rights Conference
on the U'NI echonet, where these issues are discussed from time to time.]

JR> >violation of the right to privacy?
JR>
JR> Good idea, but I have an idea to upset even *more* people.

                    [9th and 10th Amendment stuff]

  Them, too.

JR> Republicans AND Democrats ALL HATE the 9th Amendment, which is the primary

  The reason there was no BOR in the original Constitution was precisely
that some folks were afraid that the enumeration of some rights would
imply that there are none other. The DOI and other writings of the FFs
clearly show that rights are naturally inherent in individual human
beans, and that the power of government comes from us, not the other way
around. But the FFs also knew that the prevailing view was that rights
are what is left over after the government is done flexing its muscles.

  Bottom line: The Bill of Rights was passed in the Congress as a
12-article gang-bang amendment, and the 10 of them that became the BOR
were passed as an organic whole by the several states. [And, of the
other two articles, which clearly didn't belong in a BOR, one of them
was ratified a few years ago even.] This means that without =any= of the
10 amendments, there would be =no= BOR.


JR> slow erosion of freedom in this country. My rejoinder is "OK, if we're
JR> supposed to ignore it, why not just REPEAL it, after all, it's just sitting
JR> there doing nothing, cluttering up the rest of the Bill of Rights." Usually,

  Don't give them any ideas! The 2nd is already on that list, and part
of the 1st (that refers to "flag desecration", which apparently is more
serious than =Constitution= desecration)... don't get me started, I'm
way off crypto already.

JR> talking about Constitutional issues on encryption rights, if for no other
JR> reason than to educate the public. In court, of course, I would concentrate
JR> on the 1st. Apologies to the various lurking law professors on the list, I

  Actually, I would kick in 2 and 4. The government has called crypto a
munition, and it =is= a valuable tool for the unorganized militia to
fight a guerilla war against an occupation force. The 4th amendment
protections against search and seizure are the moon which creates the
penumbra of Roe v. Wade.> U'NInet Bill of Rights Conference Host

 * Physician, heal thyself!
---
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