Vol. 126 No. 4
THE FORGOTTEN SIXTH AMENDMENT: THE FEDERAL JUDICIARY’S RIGHT TO COUNSEL
The conventional view of the Sixth Amendment right to counsel for indigent defendants is that its enforcement depends on the political branches to implement the right by appropriating the money to enforce it. But that’s not how enforcement of the modern version of the right started. For more than twenty-five years, between 1938, when Johnson v. Zerbst established a right to appointed counsel for federal defendants, and 1964, when Congress began[...]