More letters from alumni
about Eliot Spitzer '81and
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
to this letter
a letter to PAW