Constitutional Stature of the Miranda Rules

How did the original Miranda opinion equivocate about its own constitutional status?

It said the Court was not creating a “constitutional straitjacket,” which Congress took as an invitation to legislate over federal interrogation practices.

Why did Congress think it could override Miranda?

Because the Miranda opinion suggested it was not strictly constitutional, encouraging Congress to adopt its own rules.

What was Congress’s purpose in enacting 18 U.S.C. § 3501?

To repeal Miranda by replacing its framework with a totality-of-the-circumstances voluntariness test.

Under § 3501, were warnings or waivers required?

No—warnings and waivers were only factors, not mandatory or conclusive.

What were the two major ways the Court diluted Miranda before Dickerson?

• Repudiated earlier Miranda language (e.g., allowed impeachment with statements obtained in violation).

• Began calling Miranda judge-made, not constitutional.

How did Quarles and Davis show the Court treating Miranda as a judge-made rule?

– Quarles: Public safety exception created via cost-benefit balancing, appropriate only for judge-made rules.
– Davis: Adopted clear statement rule for invoking counsel, again using cost-benefit logic.

What triggered the dispute in Dickerson v. United States (2000)?

Defendant’s confession was challenged under Miranda; government argued voluntariness under § 3501 instead. Fourth Circuit upheld § 3501.

What were the positions presented to SCOTUS?

– Defendant: § 3501 is unconstitutional; case must be decided under Miranda.
– Government: § 3501 unconstitutional but no Miranda violation occurred.
– Amicus: § 3501 is valid and should govern.

What was the Supreme Court’s primary holding in Dickerson?

Miranda is a constitutional decision, not a mere judge-made rule.

What two reasons did the Court give for calling Miranda constitutional?

• It is grounded in the Self-Incrimination Clause.

• It applies to the States, which is only possible if it is constitutional via the 14th Amendment.

Why was § 3501 unconstitutional?

Congress cannot overrule constitutional decisions; § 3501 was not “at least as effective” as Miranda and reinstated a voluntariness test rejected by Miranda.

What reasons did the Court give for not overruling Miranda?

– Miranda has become part of national culture (e.g., police shows).
– Extensive precedent built around it (“super precedent”).
– Law enforcement has adapted to it without difficulty.

What did the Court reaffirm in Dickerson besides Miranda itself?

“Miranda and its progeny” govern admissibility of statements in state and federal courts.

What is meant by Dickerson’s “grand compromise”?

The Court labeled Miranda constitutional, but preserved all prior decisions treating it as judge-made.

What was Scalia’s main argument in dissent?

The majority never explicitly said Miranda’s rules are required by the Constitution; instead, it improperly imposed judge-made rules on the states.

What phrase did Scalia use to describe the Court’s approach?

A “doctrine of boundless judicial empowerment.”

How has the Court treated Miranda after Dickerson?

Continued to describe Miranda as judge-made, despite Dickerson calling it constitutional.

How did Shatzer illustrate continued cost-benefit modification of Miranda?

Held the Edwards rule is not eternal, adopted a 14-day break-in-custody rule based on cost-benefit—not consistent with treating Miranda as purely constitutional.

What has SCOTUS said about Miranda as recently as 2022?