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From att!arpa!pdn.paradyne.com!alan Tue Mar 21 13:25:42 1989
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Date: Tue, 21 Mar 89 11:57 EST
From:  (Alan Lovejoy)
To: att!ho4cad!
Subject: Re: CRYONICS mailing list #70 - ECPA Update
Status: R

The argument that because the constitution places the responsibility to
execute the law with the executive branch, the courts and/or the public
therefore have no right to do so is invalid on its face.  The constitution
specifically says that the enumeration of the peoples rights does not
imply that the enumerated rights are the only ones the people have, and
the theory of government under which the constitution was written 
is that the government gets its power from the people.  The peoples'
rights are not granted to them by the government.  Individual rights
are powers that the people have explicitly retained for themselves and
not granted to the government.  It does not logically follow that the
constitutional grant of executive authority to prosecute denies the
people their rights, especially not rights granted in the constitution
to the people (such as those in the fourth and ninth ammendements).

If the people do not have the right to enforce their rights under the
fourth and ninth ammendments, then they do not have those rights at all,
since they must rely on the bureaucracy to enforce them.  It could be
argued, however, that the proper recourse of the defendants is to sue
the city of Riverside for having violated the plaintiff's civil rights
under the fourth ammendment.

[ Administrivia - I will gone Thur. March 23 through Sun. March 26.  Any
  cryonics mailing list postings submitted during this time will be delayed
  until my return. - KQB ]

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