Archives for April 2013

Boston Marathon Bomber, Miranda Warnings and the Public Safety Exception

Law enforcement’s goal of taking Boston Marathon Bombing Suspect #2, [1] Dzhokhar Tsarnaev, alive was commendably achieved.  A principle reason for this goal was to question Tsarnaev about further potential dangers to the public.  The FBI has announced its intent to question him “extensively” prior to reading him Miranda warnings, relying upon the “public safety” exception […]

American Federalism: Source, Purpose and Establishment Part II

Beginning with The Fundamental Orders of Connecticut in 1639,[1] Americans grew increasingly accustomed to local self-government.  They also learned the freedom and liberty that came along with a benign distant central government accepting local citizens’ control of  local law.  Over time, Americans came to live in a world perhaps described as “quasi-federalism”.[2] Among the men who […]

American Federalism: Source, Purpose and Establishment Part I

“The federal and State governments are in fact but different agents and trustees of the people, constituted with different powers, and designed for different purposes.” James Madison   The Federalist, No.46 The American freedoms of religion, speech, press and assembly as protected and practiced were new to the world. Those contributions to the world’s political thought were uniquely American. So it is with […]