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In the view of the Denver court the Dickerson ruling, giving the Miranda decision the standing of a "constitutional" rule, also swept aside two Supreme Court rulings of 1974 and 1985.
It's not a constitutional rule.
We conclude that Miranda announced a constitutional rule that Congress may not supersede legislatively.
Yet by relinquishing the presidency, Mandela set a constitutional rule for the future.
Justice Antonin Scalia, however, said he did not "favor a constitutional rule that is a sliding scale".
In fact, the majority opinion is replete with statements indicating that the majority thought it was announcing a constitutional rule.
Similar(32)
The generals have insisted that even after seating the new Parliament they will keep control of the transitional government, including naming its prime minister, and set the rules for a constitutional convention.
Nevertheless, she wrote, the Jones decision asked the court to "apply a novel constitutional rule," something barred in habeas reviews.
In 1970 one of these Peronist organizations, the Montoneros, destroyed the moderate Peronist union leadership and captured and killed former president Aramburu, who had been organizing a movement for a return to constitutional rule.
When the dictatorship of Miguel Primo de Rivera came to an end, Alfonso made Berenguer prime minister, hoping that he would be able to prepare for a return to constitutional rule.
Statements by senior American officials calling for the end of emergency rule have stressed the need for free and fair elections, free media and a return to constitutional rule but have not mentioned the Supreme Court.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com