Thursday, 05.08.08
McCain's Court Dodge
Photo by Davis Turner/Getty Images News
It's no surprise that liberals hated John McCain's speech on the judiciary on Tuesday, while conservatives (mostly) liked it. But it's disappointing that the speech didn't break any new ground in the debate over judicial nominations. McCain can be refreshingly clear when it comes to subjects that our political debate tends to constrict. Not this time.
McCain criticized the use of code words to obscure judicial principles, but his speech was loaded with him. "Activist judge" is about as transparent a code phrase as there is: to everyone in politics, it means that the judge is a liberal. For liberals, meanwhile, "judicial restraint" has come to mean the inevitable erosion of individual liberty --- the judge in question must be conservative. Never mind the fact that conservative justices are often accused (and accuse each other) of being too activist on some issues, or that liberal justices often hide weak law behind the shield of precedent.
This is not to say that justices are dishonest or hypocritical -- just that the language we use to evaluate them is impoverished. Voters care about outcomes, but judicial nominees and their elite defenders pretend to argue about fuzzy principles, in the hopes of masking the fact that they are arguing about outcomes. McCain shouldn't sanction this fiction. His judicial vision isn't limited to the binary question of "restraint" versus "activism," so why pretend that it is? Most politicians lack the cojones to talk about controversial moral questions and how they relate to lawmaking. I remember when Howard Dean, in 2003, had the nerve to actually defend the practice of partial-birth abortion without swaddling it in a blanket of mealy words like "choice" and "autonomy." That was refreshing, regardless of where you stand on abortion.
Here's a modest proposal: During the general election, both Barack Obama and John McCain should enlarge the framework within which we debate judicial nominations. They should intermix, along with the usual argument about process, debates about federalism, the balance between liberty and security, the balance between originalism and modernism, and the origins and perpetuation of executive power in times of war. And they should resist the urge to traffic in buzzwords that obscure and reduce, rather than enlighten and expand.
He listenedDan Slater of the Wall Street Journal Law Blog says that McCain was addressing criticism of his "wishy-washy approach." |
SkepticalMichael Brendan Dougherty had his doubts about McCain, whose "attitude toward judicial conservatives runs between indifference and hostility." |
Court revisionismJack Balkin says that McCain's "claim that the judiciary has only recently begun to act improperly is simply bogus." |
Gang memberCarl Hulse explains how conservative distrust of McCain stems from his days in the Gang of 14. |
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Dear Fellow Americans.
Our Great-grand Nation, the United States of America is and will face very critical and substantial "Challenges" in coming, months, years, and decades.
It is very essential that we pick our next President on the basis of following criteria.
A candidate with a clear "Vision and Mission".
A candidate with a sound " Character and Integrity" .
A candidate with a evident "Presidential Temperament" and " Principled Judgment".
A candidate with "little "Washington exposure" and "real future and past Voters".
A candidate who "Inspires us up" rather than "Tears us down".
A candidate not based on past "sexism, racism, and ageism".
In my professional and personal opinion, the only candidate who has shown the above qualities and characteristics is Senator Obama.
As an independent registered voter since 1980. I voted for Carter, voted for Reagan, voted for First Bush, and second Bush in 2000 and In over time last interest in "Washington politics".I stopped voting. Not a good idea under any circumstance, particularly at present time.
This time we can not afford to stay on side lines and let Washington remain the same.We can not afford our Greatgreat Nation to become less than what we are and can be.
We need to send clear and candid message to the world and some 24 hour partisan piosonous hateful media.
These type of media outlets are trying to deprive, dupe, and derail us from getting it right this time.
I pray and hope that we the American people won't be part of this deception, seduction, and confusion.
These type of media and pundits are trying there best to deny us better and replac our past remember some of our bitterness and differences. { "Our Greatgrand Nations people are persistently and constantly subjected to Psychological terrorism" without our knowledge by these these poisonous hateful partisan media outlets".
We Americans are should not and would not to allow these type of media psychologically terrorized, traumatized and silence us this time.Not this time.
I am sure that we will get it right this time and elect Senator Obama our next President. let us not get dragged down into racism, sexism and ageism.
Let us remember that our Greatgrand is constituted of family, friends,fellowships, faith, funds,foundations, fun, and future with fairness and freedom and without fear or favor.
We can not afford to lose any of above conectins. Let us stand up, be counted, save, build our Greatgrand Nation for decades to come and regain our world economic, and power status back.
God Bless our Great grand Nation and its diverse people.
Our Greatgrand nation needs present and future stability, security, safety,sustained progress and restoration of our due status in this perilous Global World at the all levels.
Yours sincerely,
COL.[retd] A.M.Khajawall Forensic Psychiatrist. Disables American Veteran. Las Vegas Nevada.
He's the defender of the Constitution. See more at http://johnmccain.dominates.us and participate in the discussion.
McCain scares the heck out of me. He will say anything, pander to anybody, for one purpose, to win the presidency. He does not seem to have any real objectives or plans, he just wants that office. These ego-driven types tend to fail miserably, our current Chief Executive is proof of that.
Posted by Mark Guszak | May 8, 2008 11:06 AM