That pesky Constitutionj

[Avatar4321]

No, Miranda v Arizona simply established that the Consitutional provision against self-incrimination included an obligation to inform the person of this right. No new law written here.

An example of legislation from the bench would be like Roe v Wade, where the supreme court, rather than elaborte on a current ammendment, used a loophole found in the 9th ammendment (which says that just because a right isn't listed doesn't mean it doesn't exist) and case law on privacy rights to say that it was illegal to deny somebody an abortion. This is a new law and falls far outside the bounds of interperetation. It also contradicted many laws and precedents already on record. Another example would be the Boston Supreme Court declaring it illegal to deny marriage to gays. It's not elaboration, it's new law.

Actually there were aspects of Miranda that were new. For example, prior to Miranda, the fifth amendment right to avoid self incrimination only applied in the courtroom setting. You could still incriminate yourself to the police during interrogation. I believe the reasoning behind expanding it to interrogation as well was because some officers would use questionable techniques to get incriminating statements.

Also, Roe v. Wade was not based on the 9th amendment. The Court generally doesnt use the 9th amendment for anything. Roe v. Wade is based on the "right to privacy" that emanates from a penumbra of multiple amendments. This right is usually enforced through the concept of liberty found under the Due Process clause of the fourteenth amendment. This obviously makes no sense because clearly the government can take away life, liberty, and property as long as the follow due process because thats exactly what the amendment says. But Im not a Supreme Court justice so I dont really get to point out the flaws of past opinions.

Regardless the Courts have been encoarching on the legislative branches of state and federal government for years. See the more they make "constitutional" issues that arent found in the Constitution the more they make law and make it impossible for the legislative branches to do so. This of course is going to upset the people big time. We have given the government, including the court, limited powers. The rest have been reserved to the people in the various states. the more the Courts expand "Constititional Rights" that arent there, the more they are taking power that wasnt given to them and the more people are going to get ticked.