Obama Administration contemplates restricting constitutional rights

The US constitution, written in the 18th century and one of the most celebrated constitutions in the world, has been dealt a blow by the Obama Administration recently. Attorney General Eric Holder has decided that some constitutional rights should be limited -- even for American citizens.

The rights Holder is hesitant about come from the 1966 Supreme Court case Miranda v. Arizona. Miranda created the warning that we have all come to love from TV police dramas (often called an individual’s Miranda rights):

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney one will be provided for you…”

Holder contends that police officers and other law enforcement agencies should be allowed “necessary flexibility” to obtain information from terror suspects. This flexibility includes the interrogation of a suspect without first informing them of their right to remain silent or their right to the assistance of counsel. The Supreme Court, in 1966, explicitly stated these were vital rights for suspects to avoid coercion and forced confessions.

The Obama Administration cites recent terrorist attempts as the reason for limiting suspects’ rights. The Administration states that in the cases of Abdulmutallab (the pants bomber) and Shahzad (the failed Times Square bomber), the delayed warning would not have even made a difference as the suspects “continued talking to investigators and providing evidence after the Miranda admonition.” Of course, it later emerged from the Administration’s top counterterrorism adviser that Shahzad wasn’t informed of his rights for four hours after questioning had started.

The Miranda rights were previously restricted in 1984 in cases where “public safety” was a factor. Holder, however, is apparently afraid that this definition is too loose and wants to restrict Miranda further to exclude terrorism suspects. However, that phrase is pretty broad as well.

Holder has said he does not want the executive branch to push through any such legislation on its own accord. Instead, he hopes that Congress will assist in chipping away at individuals’ constitutional rights.