Word: legalizes
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Dates: during 1970-1979
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...Solicitor General Francis Fox, the Mounties lifted computer tapes containing the P.Q.'s membership list and financial records and copied the documents before surreptitiously returning them. It seemed a pointless burglary, since the Mounties apparently learned nothing that they could not have found out as easily by perfectly legal means. What enraged the federal opposition parties, and dismayed Trudeau's Liberals, was not simply that the Mounties had operated beyond the law but that they felt free to spy on a legal, democratically constituted political party. "What is happening in this country?" cried anguished New Democratic M.P. Stuart...
...absurdly high. Says North Carolina Attorney General Rufus Edmisten: "I cannot justify spending countless hours looking for cigarette bootleggers who are not in violation of any of North Carolina's statutes." He is quite correct that they are not; buttleggers gladly pay the state's low tax. Legal distributors in high-tax states are trying to convince legislators that a cut in taxes would actually increase revenue-since there would be less smuggling and the tax would be collected on more packs-but so far, the lawmakers are not listening...
Berger is not, however, a liberal Ivy League don. In fact, he is a maverick outsider who emigrated from the Ukraine as a child and worked his way through school, a gadfly who enjoys riling the old-boy professors at Harvard. Berger's taste for legal jousting is all too plain in his latest book, Government by Judiciary (Harvard University Press; $15), an elaborate study of the 1866 drafting of the 14th Amendment to the Constitution and its subsequent application. Berger's conclusion: virtually every major judicial advance of the past quarter-century, from desegregation to reapportionment...
...weight of legal scholarship opposes that inflexible view. Harvard's Derrick A. Bell Jr. scoffs that Berger "is always very certain about matters that others have been in the dark on for years...
...criticism fails to shake Berger, now 76 and recently retired as a senior fellow in legal history at Harvard. "I've been accustomed to swimming upstream a good deal of my life," he says. Berger concedes it would be "utterly unrealistic" to expect the Supreme Court to reverse its host of 14th Amendment decisions. But tie wants the Justices to leave future cases involving busing, criminal law, obscenity, abortions, libel and voting rights to state courts and legislatures...