The Mudcat Café TM
Thread #56955   Message #894812
Posted By: Forum Lurker
20-Feb-03 - 09:54 PM
Thread Name: BS: Constitutional Guarantees
Subject: RE: BS: Constitutional Guarantees
How do Miranda and Brown v. Board of Education go down? They are both reiterations, not interpretations, of the rights guaranteed. As far as Roe v. Wade, the actual legal basis stated in the decision is not derivable from the Constitution, but the final decision can be. There is no guaranteed right to privacy, but there is a right not to have one's person interfered with. There are a lot of decisions which shoud remain, and just as many which shouldn't. Gideon, which guaranteed right to effective counsel, has been effectively overturned by decisions which stated that an attorney could be effective counsel if he was drunk or asleep in court. That could certainly be overturned. There are many things about the original framework that weren't so bad.