Underestimating long-term consequences of cryptoanarchy

[Declan McCullagh]

On Tue, May 13, 2003 at 10:00:25PM -0700, Tim May wrote:
> (I think the courts should hold personally liable those who pass 
> unconstitutional measures. Imprisoning those who commit acts later 
> declared to be unconstitutional might disincentivize them to blithely 
> pass unconstitutional bills.)

Liability is an interesting idea, but then you'd have judges under a
tremendous amount of pressure never to declare anything
unconstitutional. ("Want a paycheck anymore, chief justice?" Or just
wet squads assigned to take care of the problem of recalcitrant judges.)

-Declan