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May 6
On the Constitution

From the desk of John McCain:

johnsmccain.jpgThere may be at least two vacancies on the United States Supreme Court during the next presidential term. As president, I will ensure that only those judges who strictly interpret the Constitution of the United States are appointed. I will nominate judges who understand that their role is to faithfully apply the law as written, not impose their will through judicial fiat.

If you want judges who will clearly and completely adhere to the Constitution of the United States and who do not legislate from the bench to serve on the U.S. Supreme Court, then I ask that you join my campaign for president today by making a financial contribution.

I am proud to have played a role in the appointment and confirmation of two great Supreme Court justices - Chief Justice John Roberts and Justice Samuel Alito I need your support now so that as your president I can nominate judges like Justices Roberts and Alito. Judges who have proven themselves worthy of our trust. Judges who take as their sole responsibility the enforcement of laws made by the people's elected representatives. Judges who can be relied upon to respect the values of the people whose rights, laws and property they are sworn to defend.

Earlier this morning, in remarks at Wake Forest University, John McCain spelled out the positions of his opponents:

For both Senator Obama and Senator Clinton, it turned out that not even John Roberts was quite good enough for them. Senator Obama in particular likes to talk up his background as a lecturer on law, and also as someone who can work across the aisle to get things done. But when Judge Roberts was nominated, it seemed to bring out more the lecturer in Senator Obama than it did the guy who can get things done. He went right along with the partisan crowd, and was among the 22 senators to vote against this highly qualified nominee. And just where did John Roberts fall short, by the Senator's measure? Well, a justice of the court, as Senator Obama explained it -- and I quote -- should share "one's deepest values, one's core concerns, one's broader perspectives on how the world works, and the depth and breadth of one's empathy." 

These vague words attempt to justify judicial activism -- come to think of it, they sound like an activist judge wrote them. And whatever they mean exactly, somehow Senator Obama's standards proved too lofty a standard for a nominee who was brilliant, fair-minded, and learned in the law, a nominee of clear rectitude who had proved more than the equal of any lawyer on the Judiciary Committee, and who today is respected by all as the Chief Justice of the United States. Somehow, by Senator Obama's standard, even Judge Roberts didn't measure up. And neither did Justice Samuel Alito. Apparently, nobody quite fits the bill except for an elite group of activist judges, lawyers, and law professors who think they know wisdom when they see it -- and they see it only in each other.

While judges have taken a back seat in the Presidential race thus far, it will become an issue in the general election. Fundamental questions such as the role of the federal government, the right to self-defense, and the right to life will be at stake.

If a Democrat gets elected, Justices John Paul Stevens and Ruth Bader Ginsberg will be the first ones to step down from the bench allowing other activist judges to take their place. 

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