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Judges Are No Reason to Vote for McCain
The Wall Street Journal ^ | 2008-07-17 | Bob Barr

Posted on 07/17/2008 10:28:15 AM PDT by rabscuttle385

The judiciary is becoming an important election issue. John McCain is warning conservatives that control of today's finely balanced Supreme Court depends on his election. Unfortunately, his jurisprudence is likely to be anything but conservative.

The idea of a "living Constitution" long has been popular on the political left. Conservatives routinely dismiss such result-oriented justice, denouncing "judicial activism" and proclaiming their fidelity to "original intent." However, many Republicans, like Mr. McCain, are just as result-oriented as their Democratic opponents. They only disagree over the result desired.

Judge-made rights are wrong because there is no constitutional warrant behind them. The Constitution leaves most decisions up to the normal political process.

(Excerpt) Read more at online.wsj.com ...


TOPICS: Politics/Elections
KEYWORDS: 2008; aclu; barr; bobbarr; bobbarrisanidiot; conservatives; election; electionpresident; elections; issues; judges; judicialnominees; judiciary; libertarians; liberty; mccain; mccainlist; mccaintruthfile; mcdemocrat; mcjudges; mcliberal; mcsocialism; obama; obamacans; obamacons; rino; rinovsrino; scotus; sideshowbob; smallgovernment; thirdparty
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He has never paid much attention to judicial philosophy, backing both Clinton Supreme Court nominees – Stephen Breyer and Ruth Bader Ginsburg. He also participated in the so-called "Gang of 14," which favored centrist over conservative nominees as part of a compromise between President George W. Bush and Senate Democrats.

What's more, Republican Court appointments have often turned liberal. Earl Warren, William Brennan and Harry Blackmun were GOP appointees to the high court. So are "liberals" John Paul Stevens and David Souter, as well as centrists Anthony Kennedy and former Justice Sandra Day O'Connor. There is no reason to believe that a President McCain, once freed from the need to seek conservative support, would support more philosophically sound candidates. Even if he did, he would not likely prevail against a Democratic Senate majority.

Mr. McCain has endorsed, in action if not rhetoric, the theory of the "unitary executive," which leaves the president unconstrained by Congress or the courts.


1 posted on 07/17/2008 10:28:16 AM PDT by rabscuttle385
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To: traviskicks

FYI


2 posted on 07/17/2008 10:28:44 AM PDT by rabscuttle385 (Bulls and bears make money. Pigs get slaughtered.)
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To: rabscuttle385; indylindy; Ingtar; calcowgirl; Ricebug; KentTrappedInLiberalSeattle; Sybeck1; ...

The Just Say No to Juan McCain Ping List.

Building the McCain Truth File one thread at a time.

To join: FReepmail rabscuttle385 to subscribe or to unsubscribe from this ping list.

This can be a very high-volume ping list at times.

We are exploring giving subscribers two different options for receiving pings: either to individual threads or to a single "digested" thread at the end of each calendar day. FReepmail rabscuttle385 if you are interested in receiving one or the other.

Take care to check the "mccainlist", "mccaintruthfile", and "mccain" keyword search links for related threads, since we can not possibly ping you to every relevant article that is posted. To flag a relevant thread, please add the keywords "mccainlist" and "mccaintruthfile".


Republican Commissar’s Warning: By joining this ping list, you may be subjected to the irrational rants and ramblings of McCainiacs, of "moderate" Republicans, of deeply confused conservatives resigned to voting for the lesser of two Democrats, and of countless trolls who simply want to meet a new overlord.


3 posted on 07/17/2008 10:29:43 AM PDT by rabscuttle385 (Bulls and bears make money. Pigs get slaughtered.)
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To: rabscuttle385
Barr once again proves my tagline.

He is writing in a national newspaper about a concept ("the unitary executive") which he, from the context, clearly does not understand.

4 posted on 07/17/2008 10:32:23 AM PDT by wideawake (Why is it that those who call themselves Constitutionalists know the least about the Constitution?)
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To: rabscuttle385

So says Bob Barr! Yeah now ACLU Bob has convinced me to vote for him. NOT.


5 posted on 07/17/2008 10:32:29 AM PDT by SolidWood (Stop the Muslimarxist Obama.)
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To: rabscuttle385

“Judges are no reason to vote for McCain”

Judges are the reason to vote for McCain and I’ll give you two reasons

1st ammendment
2nd ammendment

Any questiions??


6 posted on 07/17/2008 10:32:38 AM PDT by mouse1
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To: rabscuttle385
Got a one-man trash detail going, eh? Well, don't worry, the rest of the "principled conservative thumb-suckers" will be joining you soon.

You folks can have a regular love-in here.

7 posted on 07/17/2008 10:33:18 AM PDT by Redleg Duke ("All gave some, and some gave all!")
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To: rabscuttle385

Duh, written by Bob Barr, who is trying to get your vote. Of course, he wants to be the alternative to McCain, but in truth there is no alternative. The time for choice is long past. We will either have McCain or Obama as our president. That is a fact.


8 posted on 07/17/2008 10:34:29 AM PDT by w1andsodidwe (Jimmy Carter(the Godfather of Terror) allowed radical Islam to get a foothold in Iran.)
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To: rabscuttle385

Would this “I want another 2 minutes of fame” a**clown just shut up.


9 posted on 07/17/2008 10:34:44 AM PDT by AmericaUnited
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To: rabscuttle385

Bob Barr has become a kook I sure don’t want him picking Supremes. Further, there is no way he can convince me judges is not an important dividing line between McCain and Obama. Think Obama’s favorite judge, Ruth Bader Ginzberg. And that tired line about McCain voting for Clinton’s appointments - 95 or more senators did so.


10 posted on 07/17/2008 10:35:11 AM PDT by Williams
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To: rabscuttle385
Thank you, ACLU, Illegal Alien Amnesty Barr, but no thanks.
11 posted on 07/17/2008 10:36:02 AM PDT by Perdogg
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To: rabscuttle385

I think a Senator should vote for the President’s nominee unless there is corruption or some other reason besides judicial philosophy not to.


12 posted on 07/17/2008 10:36:29 AM PDT by DManA
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To: SolidWood

Bob Barr, working hard to get Obama elected.


13 posted on 07/17/2008 10:36:31 AM PDT by Cathy
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To: rabscuttle385
He has never paid much attention to judicial philosophy, backing both Clinton Supreme Court nominees – Stephen Breyer and Ruth Bader Ginsburg.

Considering they passed with 87 and 97 votes, virtually no one fought these nominations. The GOP respects a presidents power to nominate judges, the Democrats do not. The GOP is stupid though on giving such a free pass, when the Democrats fight tooth and nail.

He also participated in the so-called "Gang of 14,"

Which in the end cleared the way for Roberts and Alito. You may not trust McCain 100% to nominate a conservative judge, but you know for a fact Obama will nominate American-hating ACLU type whackos who will fly through a Democrat controlled Senate. Anyone who says judges aren't a reason for McCain, are braindead or disingenious. Whether it is enough of a reason is a personal choice.

14 posted on 07/17/2008 10:38:34 AM PDT by Always Right (Was it over when the Germans bombed Pearl Harbor?)
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To: mouse1
Same with me. I'm not sure what McCain will do so far as nominating judges-but I am certain what Obama will do.
15 posted on 07/17/2008 10:39:03 AM PDT by skimbell
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To: w1andsodidwe

A recent poll sent out by Human Events to consrvative/GOP people comes out like this (Barr is ahead of McCain):

http://www.theconservativevoice.com/vote/results/

Voting Results

Who Are You Voting For?
Barack Obama 2051 votes (7.59%)
John McCain 11061 votes (40.93%)
Bob Barr 11722 votes (43.38%)
None of the above 2189 votes (8.10%)


16 posted on 07/17/2008 10:39:43 AM PDT by AuntB (Vote Obama! ..........Because ya can't blame 'the man' when you are the 'man'.... Wanda Sikes)
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To: AuntB

Then I guess a lot of conservatives favor amnesty:

From AJC Online

Apparently, among some conservatives, there’s been some dispute over where Libertarians stand on the issue of illegal immigration.

“The Libertarian Party has not exactly been strong on the issue of controlling the Mexican invasion into this country,” Boortz began.

“Actually, they have been,” Barr replied.

The two gentlemen moved to the matter of what to do with the paperless people who are already here.

Said Barr:

“You set a mechanism internally to determine who is here. And if you catch folks that are here unlawfully, and do not submit themselves to a background check that those coming into this country are going to be required to do, then you send them back to their country.”

Said Boortz:

“It sounds to me that you’re saying, if you find an illegal immigrant in this country, and they’re willing to submit to a background check, that that could open the door to them staying here.”

Said Barr:

“I think as a practical matter, that makes a lot of sense. I’m not sure how you would go about rounding up millions of people and trying to deport them. The key here is security….”


17 posted on 07/17/2008 10:42:47 AM PDT by Perdogg
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To: All

“Nor is it obvious that Barack Obama would attempt to pack the court with left-wing ideologues.” — says Bob Barr.

And if anyone else believes that, I have lots of land and bridges to sell.

The one thing we can be sure of, is that Obama WILL stuff the courts with far-left activist judges and the Dem controlled Senate will confirm every one of them. The country will never recover.


18 posted on 07/17/2008 10:44:00 AM PDT by FocusNexus ("Winning isn't everything, it's the only thing." -- Vince Lombardi)
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To: rabscuttle385

Judges are a hugely overrated reason to vote for McCain:

1. The most likely retirees are liberal, and there is no way Leahy, Kennedy, etc., would allow a conservative McCain nominee to replace a liberal. And, Obama would make no difference in the court replacing a liberal.

2. Kennedy and Leahy will not allow committee approval of any true conservative. McCain would have to sit down with Ted and Pat and agree upon someone in advance. And, we all know how great McCain is at reaching across the aisle. And they won’t agree on the conservative opposite of Ginsburg and Breyer. They won’t roll over on SCOTUS nominees as the Republicans did during the Clinton years.

3. Who believes McCain when he says he’d appoint conservatives in the first place?


19 posted on 07/17/2008 10:44:06 AM PDT by Will88
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To: rabscuttle385; Norman Bates
Nope, no reason at all.

In fact, let the Democrats appoint every judge in the judiciary at every level, everywhere, period. I mean, since there's no difference, why not just let them? It's no guarantee that anyone but the omniscient Bob Barr will get it right anyway, so why make it an issue? Plus the Democrats will filibuster any Conservative judge (unless, of course, Bob Barr nominates them).

McCain did not support the Clinton Justices - he did the Constitutional thing and voted based on qualification rather than political philosophy. Sometimes there is a Democrat President and it SUCKS. But to do otherwise is to take up the Dems’ banner that judges need to be of a particular politic to be fit to serve.

Seriously, let's give the Dems this election. That way, they can have the courts for another generation, the Presidency, both Houses of Congress, a majority of the Governorships during a time of redistricting (2010) - well, basically just unfettered, unchecked power. Then, after owning the judges, massive gerrymandering, and instituting election “reforms,” we can have a permanently Liberal country! Wow!

That'll teach those damn Republicans for nominating John McCain! Screw America and the future - We're mad at John McCain and that's what counts!

20 posted on 07/17/2008 10:44:31 AM PDT by TitansAFC (In 2008, please vote GOP and show us that you love your country more than you hate John McCain)
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To: Cathy

“Bob Barr, working hard to get Obama elected.”

BINGO! You hit the nail on the head.


21 posted on 07/17/2008 10:44:50 AM PDT by FocusNexus ("Winning isn't everything, it's the only thing." -- Vince Lombardi)
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To: rabscuttle385

I don’t need any particular reason not to vote for McCain. Just ain’t gonna do it.


22 posted on 07/17/2008 10:48:33 AM PDT by upsdriver
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To: FocusNexus; All
The country will never recover.

Stop holding Obama up as a bogeyman to distract folks from the fact that McCain is just another Big Government neocon who frequently colludes with left-wing Democrats.

You have so little faith in your countrymen...it's disgusting.

23 posted on 07/17/2008 10:49:26 AM PDT by rabscuttle385 (Bulls and bears make money. Pigs get slaughtered.)
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To: rabscuttle385
Yeah, right. I can trust Bob Barr, running on a pro-choice platform, to appoint my kind of judges. Check out my unitary finger, Bob.
24 posted on 07/17/2008 10:50:17 AM PDT by colorado tanker (Number nine, number nine, number nine . . .)
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To: TitansAFC

“Seriously, let’s give the Dems this election. That way, they can have the courts for another generation, the Presidency, both Houses of Congress, a majority of the Governorships during a time of redistricting (2010) - well, basically just unfettered, unchecked power. Then, after owning the judges, massive gerrymandering, and instituting election “reforms,” we can have a permanently Liberal country! Wow!

That’ll teach those damn Republicans for nominating John McCain! Screw America and the future - We’re mad at John McCain and that’s what counts!”

BRAVO for your excellent post!

I don’t have one of those “Applause” pictures, or I would post it.


25 posted on 07/17/2008 10:50:20 AM PDT by FocusNexus ("Winning isn't everything, it's the only thing." -- Vince Lombardi)
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To: Redleg Duke
Got a one-man trash detail going, eh? Well, don't worry, the rest of the "principled conservative thumb-suckers" will be joining you soon.

It appears that the "unprincipled Republican party-liners" are already here.

26 posted on 07/17/2008 10:51:11 AM PDT by MortMan (Those who stand for nothing fall for anything. - Alexander Hamilton)
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To: upsdriver
I don’t need any particular reason not to vote for McCain. Just ain’t gonna do it.

Thank you sweetie!

27 posted on 07/17/2008 10:51:11 AM PDT by SolidWood (Stop the Muslimarxist Obama.)
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To: rabscuttle385

Fine, if Obama is elected, then don’t bitch about it and don’t beg me for money because Obama is promoting or implementing some left wing cause.


28 posted on 07/17/2008 10:51:56 AM PDT by Perdogg
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To: FocusNexus
Hey!!! Stop thinking when it comes to this election! Just brag to every one how cool you are for being such a swart wittle conservative and letting Obama win rather than taint your sacred vote.
29 posted on 07/17/2008 10:53:27 AM PDT by Hegewisch Dupa (The goo on John Kerry's flip-flops)
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To: TitansAFC

Well said.

I sure as hell don’t want the guy who said this - http://www.freerepublic.com/focus/f-news/2046701/posts - nominating any judges.


30 posted on 07/17/2008 10:53:38 AM PDT by shibumi (".....panta en pasin....." - Origen)
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To: Perdogg

Amnesty? Nice try. You dare compare anyone to McCain on Amnesty. Barr is a loser, I agree, but his record on immigration is a whole bunch better than McCains.

McCain was a POW. That’s the ONLY thing he has going for him that anyone can’t find a flip flop or liberal position on. And conservatives aren’t buying what he’s selling. Have you noticed?


31 posted on 07/17/2008 10:56:01 AM PDT by AuntB (Vote Obama! ..........Because ya can't blame 'the man' when you are the 'man'.... Wanda Sikes)
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To: AmericaUnited
Would this “I want another 2 minutes of fame” a**clown just shut up.

Oh, hush. He's being a maverick, just like Juan.

32 posted on 07/17/2008 11:00:20 AM PDT by rabscuttle385 (Bulls and bears make money. Pigs get slaughtered.)
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To: rabscuttle385; FocusNexus

“Stop holding Obama up as a bogeyman...”

He’s one hell of a bogeyman.

“... the fact that McCain is just another Big Government neocon...”

So is McCain.

“... so little faith in your countrymen...”

Our presidential nominees don’t exactly foster confidence.


33 posted on 07/17/2008 11:00:21 AM PDT by Enosh (†)
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To: rabscuttle385
Barr is such a goober trying to paint McCain's votes as some sort of liberal marker. Until recently, most Supreme Court Justices were voted in by MOST Senators, because the Senate understood that they were an 'Advise and Consent' only body. The President usually got his choices on the Court, because it is HE who was chosen by the voters, who knew the type of people he'd be choosing for the Court.

It wasn't until Robert Bork that the process got nasty, courtesy of Teddy the Swimmer and his Democrat buds. The Republicans have usually done what the Constitution gave the Senate the right to do, as McCain did with Ginsburg and Breyer.

Supreme Court Justices are extremely important, because if we get more judicial activists, we'll only continue with the societal breakdown we've experienced over the last 35 years. The only way the liberals have been able to implement their agenda is through decisions of the Supreme Court. They knew that the voters wouldn't approve, and they couldn't get laws passed, so they took their issues up through the judicial system until they could get to the Supremes, where they knew they'd have symapathetic judges to rule in their favor, regardless of what the Constitution had to say, or not, on the matter.

34 posted on 07/17/2008 11:00:49 AM PDT by SuziQ
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To: SolidWood

Nope, sorry. I don’t base my votes on fear of another candidate. That’s how we ended up with McCain in the first place. First if was fear of Hillary, now Obama. If McCain should lose, which I doubt, the fearful idiots in the GOP will only have themselves to blame. My choices aren’t limited to Obama, McCain or even Barr. I don’t owe the Republican party my vote.


35 posted on 07/17/2008 11:01:54 AM PDT by upsdriver
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To: upsdriver

Me neither. But I owe my Country. That’s why I want to spare it Obama.


36 posted on 07/17/2008 11:06:03 AM PDT by SolidWood (Stop the Muslimarxist Obama.)
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To: rabscuttle385

I really really care what Bob Barr has to say about anything.


37 posted on 07/17/2008 11:07:50 AM PDT by Carley
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To: rabscuttle385
Who are you going to run against Obama? Is there a conservative alternative to McCain that has enough time, money and traction to beat Obama in November?
38 posted on 07/17/2008 11:08:23 AM PDT by Myrddin
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To: Myrddin
Who are you going to run against Obama?


39 posted on 07/17/2008 11:17:21 AM PDT by rabscuttle385 (Bulls and bears make money. Pigs get slaughtered.)
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To: rabscuttle385
FACTS THAT DISPUTE BARR'S ARGUMENT:

1. Republican presidents nominate judges that are liberal and conservative. (see: Ronald Reagan's Anthony Kennedy and Antonin Scalia or George H.W. Bush's David Souter and Clarence Thomas)

2. Democrat presidents ALWAYS nominate judges that are liberal (see: Bill Clinton's Ruth Buzzi Ginsburg and Stephen "let's decide our laws by imitating foreign countries" Breyer)

3. NOTHING in the Constitution prevents a firmly controlled Democrat congress and a President Hussein Obama from deciding to expand the size of the Supreme Court from 9 to 11 or 13 justices, then loading it with liberal hacks...thus nullifying the firm conservatives put on the court by President Bush 43.

After all these considerations, I will be voting for McCain. He isn't a guarantee of a more conservative court, but he IS necessary for one.

40 posted on 07/17/2008 11:17:40 AM PDT by Recovering_Democrat (Just say NObama!)
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To: Myrddin

They want Ron Paul.


41 posted on 07/17/2008 11:20:45 AM PDT by Perdogg
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To: upsdriver

.....That’s how we ended up with McCain in the first place....

No, you are wrong there. There were several candidates in the primary and McCain attractred the most voters. The vote was positive, not negative.

You have chosen to make yourself irrelevant in the Presidential election by not making the hard choice between the two real candidates. As Freeper friends, we can only hope reason pragmatically prevails.


42 posted on 07/17/2008 11:20:45 AM PDT by bert (K.E. N.P. +12 . Conservation? Let the NE Yankees freeze.... in the dark)
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To: rabscuttle385
"However, the Constitution sometimes requires decisions or action by judges – "judicial activism," if you will – to ensure the country's fundamental law is followed. Thus, for example, if government improperly restricts free speech – think the McCain-Feingold law's ban on issue ads – the courts have an obligation to void the law. The same goes for efforts by government to ban firearms ownership, as the Court ruled this term in striking down the District of Columbia gun ban."

That is an entirely specious argument. You can't justify the wholesale refusal of this current Supreme Court to obey the Constitution as a necessary thing in order to enforce the First or Second Amendments. Barr is simply trying to rationalize the abuse of power we've seen from this 5 vote majority. If Obama is elected, the aging abusers will retire and be replaced by young abusers of even worse character.

Yes, it would be nice if the Supreme Court activism were actually used to enforce the meaning of the Constitution, but historically, that is not what has happened. It has instead been used to undermine the Constitution.

43 posted on 07/17/2008 11:23:06 AM PDT by Brilliant
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To: All

Although I will not vote for Barr (Libertarians are weak on border and national security, and weak on illegal alienism), this article rings 100% true on McCain

Only the most delusion liberal GOPer believes that McCain would really appoint conservative justices.

Too many have bought the “If we dont vote for McCain, Obama wins” crap.

Point blank: You are not a conservative if you are voting McCain. Deal with it

The GOP is useless as a party if the only reason to vote for their candidate is that the DNC candidate is not as liberal


44 posted on 07/17/2008 11:24:36 AM PDT by UCFRoadWarrior (McObama....Over 300 Million Screwed)
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To: rabscuttle385

Bob Barr is an ass and has as much chance of being elected President as I do.


45 posted on 07/17/2008 11:24:46 AM PDT by pgkdan (Tolerance is the virtue of the man without convictions - G.K. Chesterton)
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To: rabscuttle385

What gets me is those that fall blindly into formation behind McCain.

Why shouldn’t we voice our concerns? Why shouldn’t we light a fire under his feet?

We should keep the pressure on him. We need him to see and grasp the reality of just how low he’s polling with us. We need to make him nervous, worried, and fearful of a loss at our hands.

He must be made to feel forced to make public promises to support Conservative Core Values, promises we can hold him accountable to. That’s the goal. It’s not to just fall in line and give freely our support.

At this point, he doesn’t deserve our support, or our votes. Only when he makes a bond with his word, and nominates a truly superior Conservative to ride his coattails to a promotion, will he deserve what we have to offer him...our loyalty and votes.

Until that happens, he can go pound sand.


46 posted on 07/17/2008 11:24:59 AM PDT by papasmurf
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To: mouse1
Judges are the reason to vote for McCain and I’ll give you two reasons 1st ammendment

He sure does like the First Amendment.
47 posted on 07/17/2008 11:26:52 AM PDT by mysterio
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To: Perdogg
They want Ron Paul.

Morons.

48 posted on 07/17/2008 11:29:54 AM PDT by pgkdan (Tolerance is the virtue of the man without convictions - G.K. Chesterton)
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To: Williams
"And that tired line about McCain voting for Clinton’s appointments - 95 or more senators did so."

DUUUHHHH. And just what does that say about just about EVERY freaking Pubbie in the Senate at the time? These clowns are simply members of the two branches of the Demopublican party.

And could that explain why we're probably going to get BO as CEO of what will shortly become the largest national socialist operation in the world.

George Wallace got it right: "There isn't a dimes worth of difference between the Republicans and the Democrats."

Only now, thanks to the Demopublican INFLATION, it's up to 6 bucks or more.

A pox on BOTH their houses.

49 posted on 07/17/2008 11:30:25 AM PDT by Dick Bachert (VOT)
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To: wideawake

I used to respect Bob Barr, but he seems to be full of himself, much like a large-eared candidate from Chicago whose middle name is Hussein.

The way I see it, I can decide to vote for McCain for whatever reason I decide is important to me. I don’t need Bob Barr to tell me why my reason is not valid.


50 posted on 07/17/2008 11:31:40 AM PDT by Gumdrop
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