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Politics : Formerly About Advanced Micro Devices

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To: TimF who wrote (176824)	10/20/2003 10:57:57 PM
From: tejek	Read Replies (2) of 1575875

There is any number of ways that this could be enforced by courts or by legislatures (supervised by courts at least if they go to far). But the requirement for the Miranda warning is just one way to do this. The court didn't just overturn a conviction where 5th amendment rights where not respected and/or order the government to respect the rights or specifically put in place a system to guarantee the rights. The court didn't just say that it would overturn any conviction where the rights where not respected. The court made a specific and detailed requirement that was not in the constitution itself as a way of ensuring the rights. It effectively legislated from the bench. Actually I don't find the legislation in this case to be all that bad. Certainly congress has often done worse and so have courts but it is in effect the SC making a law, thus my comment in an earlier post about how the court de facto makes laws even though officially it does not. It didn't legislate.......it interpreted and further defined the meaning of an existing law. ted

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