From: "E. ALLEN SMITH" <EALLENSMITH@ocelot.Rutgers.EDU>
Date: Fri, 22 Mar 1996 20:36:12 +0800
To: unicorn@schloss.li
Subject: Re: Leahy bill nightmare scenario?
Message-ID: <01I2LXKYBUUW8ZDWFS@mbcl.rutgers.edu>
MIME-Version: 1.0
Content-Type: text/plain


	I believe the debate about the Leaky bill can essentially be summarized
as:
	A. If the bill is interpreted in light of the Bill of Rights, et al,
then we don't have anything to worry about, and it's a good bill.
	B. If it's not, then it's a bad bill.

	I would like to remind people that the US judicial system, while not as
always mistaken as some believe, is not particularly noted for not making
serious errors in this area. For instance, regarding the forfeiture scheme,
quite a few competent lawyers have examined civil forfeiture - used for _any_
crime - and found it to be a violation of the Bill of Rights.
	Moreover, it is the contention of many lawyers - such as with the
ACLU - that the whole ITAR scheme should have been thrown out long ago as
unconstitutional. That it has not been so may be taken as an indication of how
the _politically appointed_ judges on the Supreme Court, et al, are likely to
make mistakes. I would also remind you of the ratings given by the American
Bar Association to quite a few current judges on the Supreme Court, which may
be taken as a reflection of their competency.
	-Allen