Dissent
Justice Scalia disagreed with the majority's decision not to overrule Miranda. He disputed the notion that Miranda was a constitutional rule, pointing to several cases in which the Court had declined to exclude evidence despite the absence of warnings.
Scalia described the majority's decision as an unprincipled compromise between justices who believed Miranda was a constitutional requirement and those who disagreed. He noted that the majority did not state outright that the Miranda warning is a constitutional requirement, but merely that it is "constitutionally based." Scalia further criticized the majority for implying that Congress has no power to override judicially-imposed safeguards of constitutional rights (Marbury v. Madison having settled that Congress may not override judicial interpretations of the Constitution).
Read more about this topic: Dickerson V. United States
Famous quotes containing the word dissent:
“We live in oppressive times. We have, as a nation, become our own thought police; but instead of calling the process by which we limit our expression of dissent and wonder “censorship,” we call it “concern for commercial viability.””
—David Mamet (b. 1947)
“The rightful claim to dissent is an existential right of the individual.”
—Friedrich Dürrenmatt (1921–1990)
“Though dissenters seem to question everything in sight, they are actually bundles of dusty answers and never conceived a new question. What offends us most in the literature of dissent is the lack of hesitation and wonder.”
—Eric Hoffer (1902–1983)