We can begin by overturning Miranda, Then Roe v Wade, then Obamacare. We can try to insist on places like Free Republic that the courts interpret the constitution in accordance with the framer's intent and not to insist on precedent as a substitute for the actual words of the document.
You forgot Wickard.
I would add in the 14th as well.
Perhaps I don’t have my head glued on straight regarding Miranda, but it does strike me as leaving the the suspect with zero protections.
Why should there be protections for defendants?
Not knowing the law, defendants could and would admit to things that seemed reasoned to them. They don’t understand the law or the process, so they in good conscience own up to what the authorities charge them with. Guilt comes in, and they want to do the right thing. Sounds good doesn’t it.
Unfortunately, the officers involved know damn well that what they have done is entrap the defendant. The defendant doesn’t know the ins and outs, so they plead guilty. The whole thing doesn’t even go to trial. They get what they think will be a sweet deal, because their defense attorney tells them he’s gotten the best deal he can between the D.A., the Judge, and the police. The defendant agree to the deal.
Years later, the defendant realizes that he was set up by the police for the crimes he committed. This guilty party was contacted by the police and asked to participate in illegal activity. This convicted had never done something like this before or after. They never would have if not contacted by a proxy and set up.
This isn’t the only scenario that can take place.
A person uses to gun to defend themselves. They think they have operated within the law. When the police come knocking, they blurt out what took place. Then the officers explain that what the person has just described, is a clear violation of the law, they handcuff the guy and haul him off.
Never-mind that the person he killed was a know felon who had been committing murders and other crimes in the area. The defendant in this situation fired a bullet at someone outside his home. He didn’t have a right to do so.
He goes to prison.
His attorney didn’t have a snowball’s chance in hell of defending the guy, because he had already confessed to everything. Never-mind that he clearly saved his family’s life.
I’m not comfortable with striking down Miranda. Something needs to be put in place to provide protection for suspects. Not everyone arrested is a criminal.