Chapter 11: Close Up on Primary Sources Miranda Rights and ...
2
I NAME _ CLASS _ DATE _ Chapter 11: Close Up on Primary Sources Miranda Rights and Congressional Power n 2000 the Supreme Court ruled that a law Congress passed overturning the Miranda decision of 1966 was itself unconstitutional. In the Miranda ruling, the Court ruled that when a suspect makes a confession without the oppor- tunity to consult a lawyer and without being advised of the right to remain silent, the suspect's right to due process is violated. This ruling limited the powers of the police to question suspects. Although Congress had passed the anti- Miranda law (known as Section 3501) in 1968, it had largely been ignored. It finally reached the Supreme Court in the 1999-2000 session. Miranda: A Constitutional Right Unlike other court rulings that have limited congressional power based on the States' rights clause of the Tenth Amendment, the ruling in this case, known as Dickerson v. United States, rests on individual rights granted elsewhere in the Constitution. Writing for the majority, Chief Justice William Rehnquist stated that the Miranda ruling was based on two amendments to the Constitution: We hold that Miranda, being a con- stitutional decision of this court, may not be in effect overruled by an act of Congress, and we decline to overrule Miranda ourselves .... Over time, our cases recognized two constitutional bases for the requirement that a con- fession be voluntary to be admitted into evidence: the Fifth Amendment right against self-incrimination and the due process clause of the Four- teenth Amendment .... We conclude that Miranda announced a constitu- tional rule that Congress may not supersede legislatively. A Scathing Dissent In his dissent, Justice Antonin Scalia argued that the law known as section 3501 did not in any way violate the Constitution. He claimed When a suspect is arrested, he is read his Miranda rights by the police that the majority of the Court had" expanded" the Constitution to support Miranda and warned that this is "an immense and frighten- ing antidemocratic power, and it does not exist." Scalia believed that the Court overstepped its boundaries by entering into an area that is reserved for Congress: By disregarding Congressional action that concededly does not violate the Constitution, the court flagrantly offends fundamental principles of separation of powers, and arrogates [takes without right] to itself prerog- atives reserved to the representatives of the people. Scalia concluded that the Court, in striking down section 3501, had asserted its own will "against the will of the people's representatives in Congress. " Questions for Discussion 1. Which amendments to the Constitution does Chief Justice Rehnquist cite as the bases for Miranda rights? 2. What fundamental principle of government does Justice Scalia claim the majority deci- sion violates? Close Up on Primary Sources Extension Activity 13
Transcript of Chapter 11: Close Up on Primary Sources Miranda Rights and ...
I
NAME _ CLASS _ DATE _
Chapter 11: Close Up on Primary Sources
Miranda Rights and Congressional Power
n 2000 the Supreme Court ruled that a law Congress passed overturning the Miranda decision of 1966 was itself unconstitutional.
In the Miranda ruling, the Court ruled that when a suspect makes a confession without the opportunity to consult a lawyer and without being advised of the right to remain silent, the suspect's right to due process is violated. This ruling limited the powers of the police to question suspects. Although Congress had passed the antiMiranda law (known as Section 3501) in 1968, it had largely been ignored. It finally reached the Supreme Court in the 1999-2000 session.
Miranda: A Constitutional Right Unlike other court rulings that have limited congressional power based on the States' rights clause of the Tenth Amendment, the ruling in this case, known as Dickerson v. United States, rests on individual rights granted elsewhere in the Constitution. Writing for the majority, Chief Justice William Rehnquist stated that the Miranda ruling was based on two amendments to the Constitution:
We hold that Miranda, being a constitutional decision of this court, may not be in effect overruled by an act of Congress, and we decline to overrule Miranda ourselves .... Over time, our cases recognized two constitutional bases for the requirement that a confession be voluntary to be admitted into evidence: the Fifth Amendment right against self-incrimination and the due process clause of the Fourteenth Amendment .... We conclude that Miranda announced a constitutional rule that Congress may not supersede legislatively.
A Scathing Dissent In his dissent, Justice Antonin Scalia argued that the law known as section 3501 did not in any way violate the Constitution. He claimed
When a suspect is arrested, he is read his Miranda rights by the police
that the majority of the Court had" expanded" the Constitution to support Miranda and warned that this is "an immense and frightening antidemocratic power, and it does not exist." Scalia believed that the Court overstepped its boundaries by entering into an area that is reserved for Congress:
By disregarding Congressional action that concededly does not violate the Constitution, the court flagrantly offends fundamental principles of separation of powers, and arrogates [takes without right] to itself prerogatives reserved to the representatives of the people.
Scalia concluded that the Court, in striking down section 3501, had asserted its own will "against the will of the people's representatives in Congress. "
Questions for Discussion 1. Which amendments to the Constitution
does Chief Justice Rehnquist cite as the bases for Miranda rights?
2. What fundamental principle of government does Justice Scalia claim the majority decision violates?
Close Up on Primary Sources Extension Activity 13
CLASS _
\ Themed Collection: FEDERALISM
---....... 1The Northwest Ordinance, 1787
DATE _
After the American Revolution, the new Congress of the Confederation passed the Northwest Ordinance, which outlined how the government of the territory would change as the population grew and how the territory could eventually be divided into States. The region, which excluded slavery, later became the States of Ohio, Indiana, Illinois, Wisconsin, and Michigan.
Be it ordained by the United States in Congress assembled... there shall be appointed, from time to time, by Con
gress, a governor, whose commission shall continue in force for the term of three years .... There shall also be appointed a court, to consist of three judges ... who shall have a common-law jurisdiction [authority over local affairs] and reside in the district ....
Sec. 5. The governor and judges, or a majority of them, shall adopt and publish in the district such laws of the original States, criminal and civil, as may be necessary, and best suited to the circumstances of the district, and report them to Congress ...
Sec. 9. So soon as there shall be five thousand free male inhabitants, of full age, in the district ... they shall receive authority, with time and place, to elect representatives from their counties or townships, to represent them in the general assembly: Provided, That for every five hundred free male inhabitants there shall be one representative ... Provided, That no person be eligible or qualified to act as a representative, unless he shall have been a citizen of one of the United States three years ....
Sec. 14. It is hereby ordained and declared, by the authority aforesaid, that the following articles shall be considered as articles of compact, between the original States and the people and States in the said territory....
Questions for Discussion
Article I No person ... shall ever be molested on
account of his mode of worship, or religious sentiments, in the said territory.
Article II The inhabitants of the said territory shall
always be entitled to the benefits of the writ of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the legislature; and of judicial proceedings according to the course of the common law....
Article III Religion, morality, and knowledge being nec
essary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged....
Article IV The said territory, and the States which may
be formed therein, shall forever remain a part of this Confederacy of the United States of America, subject to the Articles of Confederation ....
Article V There shall be formed in the said territory not
less than three nor more than five States .... And whenever any of the said States shall have sixty thousand free inhabitants therein, such State shall be admitted by its delegates, into the Congress of
-. the United States, on an equal footing with the original States, in all respects whatever. ..
1. What did Congress guarantee the people of the Northwest Territory?
2. What was one standard that had to be met before States in the Northwest Territory could enter the Union?
Close Up on Primary Sources Themed Collection 68
