WINSTON-SALEM, N.C. -- Sen. John McCain opened a big, messy can of worms today when he delivered a speech about his judicial philosphy, a subject near and dear to the hearts of conservatives, religious and otherwise.
Although he banded together in 2006 with liberal senators in the Gang of 14 to preserve the minority's right to reject some of President Bush's nominees to the bench, McCain laid out a philosophy that sounds remarkably like that of Bush and boils down to this: Judges should apply the Constitution, not interpret in order to legislate from the bench.
"The moral authority of our judiciary depends on judicial self-restraint, but this authority quickly vanishes when a court presumes to make law instead of apply it. A court is hardly competent to check the abuses of other branches of government when it cannot even control itself," McCain said.
"My nominees will understand that there are clear limits to the scope of judicial power, and clear limits to the scope of federal power," he said.
The visit to Wake Forest University was interesting in that several of the guests who accompanied him could wind up in a McCain Cabinet, should he win the presidency. McCain was introduced by former Solicitor General Ted Olsen, whose introduction bordered on the solicitous. Also on stage was former Tennessee Sen. Fred Thompson, (right) making his first appearance on the campaign trail to stump for the eventual GOP nominee.
McCain made quite a few jokes at Thompson's expense. "Senator Fred Thompson -- who has been head of the CIA, Secretary of State, and president of the United States," McCain said to laughter, referring to Thompson's Hollywood roles. "And he's done a great job in every one of them."
McCain drew some unintended laughter when he opened his speech. "I appreciate the hospitality of the students and faculty of West Virginia -- of this great, great Wake Forest," he said before being drown out by laughter.
— Joseph Curl, senior White House correspondent, The Washington Times
Comments (4)
Any traction McCain made with touting judicial nominees was erased by his pandering to illegal aliens and their enablers like La Raza. McCain better hope that the Hillary supporers flock to him in the droves that have been discussed because conservatives and true Republicans will not vote for this leftist in elephants clothing.
Posted by Brian G. | May 8, 2008 1:43 PM
One of the many disconnects in American government which has occurred in recent decades is that the Warren court so over-reached on judicial activism that subsequent courts have been skittish about doing anything other than interpreting the constitution, even when the situation manifestly calls for them to do so. The English judicial system, upon which ours is based, had both courts of law and courts of equity. The court of equity was supposed to apply justice when the narrow confines of the letter of the law did not do so. The Supreme Court can and should be a "manager of last resort" when the Congress and Executive both fail to do so. That's what James Madison the first Supreme Court justice did. But for the last 20 years, for the most part, the Court has just punted whenever difficult issues have come their way which Congress has refused to take action on. The Federal voting disenfranchisement of DC residents is one of many such issues; perhaps not as important as some, but clearly a Congressional responsibility to resolve. The Court is supposed to be a remedy of last resort when the other two branches fail to do their jobs. But the Court should be as restrained as possible in exercising its inherent management responsibilities, which the Warren court often was not.
Posted by George Robertson | May 9, 2008 8:37 PM
No way we can bring our selves to vote for this open borders man.I also know many conservative democrats who will simly not cast a vote for president either because all they are offered are open borders presidential candidates.
Posted by PTN | May 11, 2008 12:25 PM
"McCain woos conservatives" -- I know this is the line of the mainstream media, but it would be more accurate to say "McCain woos libs", given, e.g., his "global warming" initiative this week.
Posted by Robeste | May 12, 2008 10:06 AM