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More letters from alumni
about Eliot Spitzer '81and
gun control Eliot Spitzer '81 is probably well-meaning in his ". . . use of law for public objectives." (Class Notes feature, March 7) The only problem is that he is part of the executive branch sworn to enforce laws passed by the legislature. His duty is not to ask a judge or two to create law that circumvents the legislature's duty to define the public's objectives. Mr. Spitzer needs to go to Albany as a legislator if he wants to curb gun purchases. Or he can remain as attorney general and vigorously enforce the laws against the misuse of guns by criminals. Separation of powers and its checks and balances may be dull, regressive constitutional principles that Mr. Spitzer wishes to ignore. Unfortunately, this is at the peril of our freedoms and our noble, fragile experiment known as representative democracy. "The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well meaning but without understanding." (Emphasis added) - Justice Louis Brandeis writing in Olmstead v. United States, 2 77 US 438, 4 79 (1928). Kerry H. Brown '74 |
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