At least 3-4 pages in length
An Introduction and a
At least 3 outside references
(Wikipedia will not be considered as a reference) including court cases on
The Powers of the U.S. Supreme Court:
In U.S. v. Dickerson
(2000), the U.S. Supreme Court held that Miranda was required by the
Constitution and was not a court-made rule that could be overruled by Congress.
The Fourth Circuit held otherwise. Which institution—the U.S. Supreme Court or
the U.S. Congress—can most safely be entrusted with protecting citizens against
abuses of government power? Since Miranda has been applied against the
states for almost forty years since its inception, how can it be credibly be
argued that it is just a rule for federal courts? This was a significant
victory for the rights of suspects, but also a victory of the U.S. Supreme
Court over Congress. Given the court’s role in deciding the contested 2000 U.S.
presidential election and its ability to rule authoritatively on some of society’s
most contentious issues, (e.g., abortion, school desegregation, affirmative
action), is the U.S. Supreme Court now the most powerful branch of government?
If so, is this a good thing?
the decision made by the Supreme Court in Dickerson have implications
for the federal exclusionary rule? If Miranda is a command of the
Constitution and cannot be overruled by Congress isn’t the exclusionary rule a
rule of the Constitution? The current U.S. Supreme Court position is that the
exclusionary rule is a court-made rule and not a command of the Constitution.
Can that logic survive Dickerson? Why or why not?
It is to be written in APA