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Politics : Formerly About Advanced Micro Devices
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To: i-node who wrote (164149)3/13/2003 7:49:12 PM
From: tejek  Read Replies (1) of 1573887
 
In the examples I gave, Miranda absolutely did create a new law. Prior to Miranda, nobody had ever heard the phrase "you have the right to remain silent". After Miranda, if you are arrested and don't hear it, you walk. That is creating law, any way you look at it.

You treat the Constitution as if it were done and all the law to come from it has come and is done on paper. In stead, the Constitution is simply a framework in which new issues that arise in an increasingly complicated society are place against to determine their validity.

The Miranda Act did not come out of thin air nor did the Court create the circumstances that lead to its review. It came to the Court's attention when a typical interaction within our society, the arrest and conviction of E. Miranda, was challenged. After reviewing the case and overlaying it with the rights and freedoms provided for in the Constitution, the Miranda Act was established. The Constitution has alway allowed us to be protected from self incrimination but it was never specified in civil law. However, Miranda suit against the State of AZ permitted the Sup. Ct. to intervene and overturn his conviction based on the rights provided for in the Constitution.

Most laws do not arise from rulings by the courts but the ones that do tend to be very significant and pivotal.

ted
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