The Other Part of the Fifth Amendment

[jlw]

link to article

Some folks claim to be staunch defenders of the Constitution, but they want to ignore other parts of it.

 

[mkdhotrod]

link to article

Some folks claim to be staunch defenders of the Constitution, but they want to ignore other parts of it.

Who wouldnt be a defender of the constitution.. lol, True, miranda is mandated by the court rather than the legislature, but case law precedent pretty much makes it impossible to try someone who wasnt mirandized.

 

[jwhited]

Who wouldnt be a defender of the constitution..

http://www.usa.gov/

You know.. Those it seeks to limit.

 

[mkdhotrod]

http://www.usa.gov/

You know.. Those it seeks to limit.

LOL.

 

[jlw]

Who wouldnt be a defender of the constitution.. lol, True, miranda is mandated by the court rather than the legislature, but case law precedent pretty much makes it impossible to try someone who wasnt mirandized.

Did you read the whole article? Miranda was simply an abstract to give a point of reference. The defenders statement has to do with folks who scream about the 2A but ignore the 5A/14A when it comes to public employment law.

 

[mkdhotrod]

Did you read the whole article? Miranda was simply an abstract to give a point of reference. The defenders statement has to do with folks who scream about the 2A but ignore the 5A/14A when it comes to public employment law.

Miranda is an abstract by which the supreme court upheld and thus making it a case law precedent (by which judges can make references upon their decisions or someone appealing to a higher court by a rogue judge) and not a statute of a penal code like GA's code annotated which is the legislature making a law, miranda isn't a passed, voted upon rather a requirement by the incorporation theory of the 14th Amendment, Ive also taken this graduate level class he refers to. Even more, states have no obligation to uphold federal law at the local and state level.

 

[jlw]

Miranda is an abstract by which the supreme court upheld and thus making it a case law precedent (by which judges can make references upon their decisions or someone appealing to a higher court by a rogue judge) and not a statute of a penal code like GA's code annotated which is the legislature making a law, miranda isn't a passed, voted upon rather a requirement by the incorporation theory of the 14th Amendment, Ive also taken this graduate level class he refers to. Even more, states have no obligation to uphold federal law at the local and state level.

Once again, the article is not about Miranda. ​It is about public employment law.

 

[chucklenut]

http://www.usa.gov/

You know.. Those it seeks to limit.

hehhe nice

 

[chucklenut]

Once again, the article is not about Miranda. ​It is about public employment law.

im trying to figure the logic in it

employment is a contractual thing and employment at the behest of the gov comes from entering a contract willingly by both parties, it doesnt have squat to do with civil rights

 

[Indirect Fire]

Once again, the article is not about Miranda. ​It is about public employment law.

I'm curious as to why this applies to any "public" employment other than federal. Suspended without pay in a state or local jurisdiction certainly should be an option. Why "jlw" (I don't know, asking not debating) would there/should there be any mandated requirement?