Re: Markoff on Clipper III

At 09:35 PM 7/14/96 -0700, David Sternlight wrote:
Did you miss the part in the Constitution about "provide for the common defence"
That's a meaningless part of the Preamble. And in any case, it's a statement of why "the People of the United States" wrote the Constitution. It's not an oath of the President.
and about the President's associated responsibility to "take care that the laws be faithfully executed"?
There is no law that specifically controls export of crypto, is there? I was under the impression that is an item on a list of regulated items drawn up by bureaucrats and could be changed any time the Executive Branch chose. a reg isn't a law.
And what oath do you suppose binds him because "The President shall be commander in chief of the army and navy of the United States"?
That's a job title. It doesn't command him as to what he should do in the job. In fact, the Commander In Chief is not under the Uniform Code of Military Justice and so can do anything he wants with that particular "office" subject only to impeachment and the willingness of the armed forces to obey him. It certainly doesn't require him to adopt any particular regulatory strategy. President Browne could legalize the export of all crypto by executive order on January 20th 1997 without violating his oath. That's one of the effects of a "strong executive." DCF

At 3:50 AM -0700 7/15/96, Duncan Frissell wrote:
At 09:35 PM 7/14/96 -0700, David Sternlight wrote:
Did you miss the part in the Constitution about "provide for the common defence"
That's a meaningless part of the Preamble.
Anyone who thinks substantive parts of the Preamble are "meaningless" is deserving only of contumely. Perhaps you should review your high school civics course--you did have one of those, yes? David
participants (2)
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David Sternlight
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Duncan Frissell