JBvM
VIP Member
- Thread starter
- #141
give us 3 examples of legislation that came down from 'the bench' and do you mean all courts of just the federal ones?Until Left-wing judges try to legislate from the bench, expressing their version of what the constitution allows.
Interesting choice. PredictableRoe vs Wade.
Miranda
ACA
allow me please to address them separately
Miranda refers to Miranda Rights.
some facts (not found on talk radio and rightwing tv or web): {{meta.pageTitle}}
The Fifth Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Justice Tom C. Clark wrote a dissenting opinion in which he argued that the majority’s opinion created an unnecessarily strict interpretation of the Fifth Amendment that curtails the ability of the police to effectively execute their duties.
In his separate dissenting opinion, Justice John M. Harlan wrote that the judicial precedent and legislative history surrounding the Fifth Amendment does not support the view that the Fifth Amendment prohibits all pressure on the suspect. He also argued that there was no legal precedent to support the requirement to specifically inform suspects of their rights. Justices Potter Stewart and Byron R. White joined in the dissent.
Justice White wrote a separate dissent in which he argued that the Fifth Amendment only protects defendants from giving self-incriminating testimony if explicitly compelled to do so.
Do you personally support a weak or a strong interpretation of the Fifth Amendment?
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