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Date: Fri, 20 Jun 1997 16:41:30 -0700 (PDT) From: Declan McCullagh <declan@well.com> Subject: Re: CDT Policy Post 3.08 - Senate Committee Approves Key Crypto Bill

The United States is not a pure democracy, it is a constitutional republic. I believe I have a constitutional right to privacy. I also believe that I probably have a constitutional right to anonymity. It doesn't matter what "most senators" think, or indeed what "most Americans" think, if their thinking is contradicted by the Constitution. We do not have simple majority rule, here. In fact the founders of the country went out of their way to insure that the simple majority could not easily violate the principles upon which the country was founded.

Actualy with the wording of the 9th and 10th you as a citizen are reserved ANY right you choose and the benefit of the doubt goes to you, the citizen. For the government to prove their side they MUST demonstrate a constitutional mandate. Also notice the heirarchy of prohibition detailed in the 10th. The people are NOT mentioned at all. In effect it says that the final say in ANY discusssion of federal powers versus citizen rights falls to the people since only they are specificaly NOT mentioned as a party the Constitution even has the power to prohibit. ARTICLE IX. The enumeration of the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. [ This in effect says that my rights as a citizen are not limited by those that may be listed explicity in the Constitution. In effect an admission that my rights as a citizen, or even as a human being, are not limited by the Constitution by explicit intent of the authors.] ARTICLE 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. [ The powers which are not assigned to the federal government by the Constitution OR prohibited in respect to the states falls to the states (acting per their own individual constitutions as the deciding factor within their borders) and if not covered in the state constitution then to the poeple to decide (assuming a popular vote). It is critical to note that no explicit limit is placed on the issues decidable by the people, a difference explicitly pointed out with the federal and state governments.] [The first ten amendments went into effect on 15 December 1791.] A perfect non-crypto example is the current brew-haha over assisted suicide and a Constitutional right to die. The question is not whether I have a right to kill myself (assisted or otherwise). The 9th clearly states that just because a right I might claim is not listed does not mean I don't have it. Now the 10th says that if the federal government wants to control it they must show a delegation of authority in the Constitution. So, despite what the esteemed Supremes may think the question is not "Does the Constitution allow a citizen to do this?" which is what they announced as their 'first' question but rather, " does the Constitution delegate the authority to decide when or how a citizen may die?" If not then each individual state should decide the issue until or if an amendment can be passed. Should individual states not cover such decisions in their own constitutions then the poeple decide the issue individualy until a vote can be arranged. The problem with our current operation is that we don't have enough plebicites. ____________________________________________________________________ | | | _____ The Armadillo Group | | ,::////;::-. Austin, Tx. USA | | /:'///// ``::>/|/ http:// www.ssz.com/ | | .', |||| `/( e\ | | -====~~mm-'`-```-mm --'- Jim Choate | | ravage@ssz.com | | 512-451-7087 | |____________________________________________________________________|