March 2001 - cypherpunks-legacy

RE: Did you notice
by James A. Donald 21 Mar '01

21 Mar '01

-- At 11:08 AM 3/20/2001 -0500, Trei, Peter wrote: > I'm sure the apparent discounting of the US murder rate by some > American list members seems inexplicable to you. At the risk of > being extremely non-PC, I think I can explain why. > > The distribution of murders in the US is very heavily skewed towards > groups which are unlikely to be on the list, or acquainted to people > on the list. In short, there is a large disparity in the murder > rates for white, educated professionals (who make up most the > membership of this list) vs poor blacks or latinos. Most of the murders are committed by blacks and latinos, especially blacks and most of the victims are blacks and latinos. The black murder rate, though extraordinarily high by western standards, is lower than that of typical black countries, for example it is lower than that black countries near the US, such as Jamaica or Haiti. The murder rate among white Americans is comparable to the murder rate among white canadians, and the murder rate among black Americans is comparable to the murder rate among black canadians. --digsig James A. Donald 6YeGpsZR+nOTh/cGwvITnSR3TdzclVpR0+pr3YYQdkG CRLWmdwmh8GdPNOQ5k/+rr34Pbyvm3AHVpJPEIXN 4/UjXVePKYjivInLg/HQx7LX1Z0RzehMcd+AqFpay

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Interpreting the Constitution
by Jim Choate 20 Mar '01

20 Mar '01

Per the 10'th: Where in there (ie Section 2 in particular) does it say that ANY court has the job of determining the meaning of the Constitution? ------------------------------------------------------------------ Article III. Section. 1. The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office. Section. 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. Section. 3. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court. ____________________________________________________________________ If the law is based on precedence, why is the Constitution not the final precedence since it's the primary authority? The Armadillo Group ,::////;::-. James Choate Austin, Tx /:'///// ``::>/|/ ravage(a)ssz.com www.ssz.com .', |||| `/( e\ 512-451-7087 -====~~mm-'`-```-mm --'- --------------------------------------------------------------------

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Did you notice
by Jim Choate 20 Mar '01

20 Mar '01

In the FBI stats that came out the majority of police officers killed are killed with their own gun? They'd probably been better served by a stun-vest... Perhaps we should take guns away from them, then those fine officers would probably have lived longer. If you can't trust a weapon to a individual, how can you trust it to a group of individuals? ____________________________________________________________________ If the law is based on precedence, why is the Constitution not the final precedence since it's the primary authority? The Armadillo Group ,::////;::-. James Choate Austin, Tx /:'///// ``::>/|/ ravage(a)ssz.com www.ssz.com .', |||| `/( e\ 512-451-7087 -====~~mm-'`-```-mm --'- --------------------------------------------------------------------

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Hints...
by Jim Choate 20 Mar '01

20 Mar '01

Section. 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Section. 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; ... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Section. 1. The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office. Section. 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. Amendment VII In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law. Amendment IX The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Amendment X The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Q: When did Congress pass a law specifically making the 'common law' in the 7th Amendment equivalent to English Common Law? And would such a law not place a Constitutional filter on the application of such law in any case? Once again, why does "...shall make no law..." not equate to (common law?) 'Stop' signs? ____________________________________________________________________ If the law is based on precedence, why is the Constitution not the final precedence since it's the primary authority? The Armadillo Group ,::////;::-. James Choate Austin, Tx /:'///// ``::>/|/ ravage(a)ssz.com www.ssz.com .', |||| `/( e\ 512-451-7087 -====~~mm-'`-```-mm --'- --------------------------------------------------------------------

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RE: John Doe vs. John Doe: Virginia Court's Decision in Online 'John Doe' Case Hailed by Free-Speech Advocates
by aluger＠hushmail.com 20 Mar '01

20 Mar '01

At Tue, 20 Mar 2001 17:14:45 -0600 (CST), Jim Choate <ravage(a)EINSTEIN.ssz.com> wrote: > >On Tue, 20 Mar 2001, Sandy Sandfort wrote: > >> Jim wrote: >> >> > Amendment VI >> > >> > In all criminal prosecutions... >> >> This was a civil case. > >Which raises an interesting point, 'defemation' is presented as a 'crime' >yet it is managed in a 'civil' case, thus denying critical civil liberties >to the person being acted against. What ARE you talking about? And where did you get your law degree from? Free, encrypted, secure Web-based email at www.hushmail.com

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