Dickerson v. United States — Scalia, J., dissenting

Summary

Justice Scalia, dissenting, argues that the Court’s decision to retain Miranda while disregarding 18 U.S.C. §3501 is logically inconsistent because subsequent precedents treat Miranda as a prophylactic rule rather than a constitutional mandate. He contends that Congress has the power to supersede such rules and that the majority’s assertion of judicial power to impose extraconstitutional constraints violates separation of powers principles.