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- Newsgroups: sci.crypt
- Path: sparky!uunet!walter!qualcom.qualcomm.com!qualcom.qualcomm.com!karn
- From: karn@qualcom.qualcomm.com (Phil Karn)
- Subject: Re: Finally! We're getting somewhere.
- Message-ID: <1992Nov9.221453.9440@qualcomm.com>
- Sender: news@qualcomm.com
- Nntp-Posting-Host: qualcom.qualcomm.com
- Reply-To: karn@chicago.qualcomm.com
- Organization: Qualcomm, Inc
- References: <1992Nov5.102744.28493@fasttech.com> <BxFF18.1oA@constant.demon.co.uk>
- Date: Mon, 9 Nov 1992 22:14:53 GMT
- Lines: 28
-
- In article <BxFF18.1oA@constant.demon.co.uk>, slangley@constant.demon.co.uk (Simon Langley) writes:
- |> However, our constitution is, as you imply, not written, and for this reason,
- |> the final say on our laws belongs to the elected representatives of the
- |> people rather than a group of unelected Supreme Court judges. Our system
- |> has served us well for 350 years, how is the US system "safer"?
-
- This isn't a bug, it's a feature.
-
- Democracy is easy. It's really not *that* hard to find out what
- the majority wants and then to implement it. A mob is probably the
- purest form of democracy there is.
-
- But the real measure of a civilization lies in its ability to protect
- the rights of unpopular minorities against the passing, emotional
- outbursts of the majority. Placing the final say in the hands of nine
- unelected (but hardly unscrutinized) judges who serve for life is
- essential if you are serious about individual rights.
-
- As former Justice Brennan used to say, "The majority already have the
- other two branches of government. We're here for the minority."
-
- Read the Federalist Papers, particularly the ones by Alexander Hamilton
- on the need for judges to "serve during good behavior" (i.e., for life)
- for a far more eloquent explanation of this principle.
-
- Phil
-
-
-