Some of you may remember the controversy about whether Apple and other smartphone manufacturers should be able to unlock and decrypt smartphones to assist the government with criminal investigations. Some courts have ordered Apple and others to unlock and decrypt smartphones. Legal scholars believe that Congress should create a law regulating the encryption of smartphones and the right of the government to decrypt them, rather than the courts. When the courts are creating the law, then this would violatea. checks and balances.b. separation of powers.c. both separation of powers and checks and balances.d. nothing. Courts always have the power to create the law.

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