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John McCain and Barack Obama: Two Visions of the Supreme Court
Los Angeles Times ^ | May 19, 2008 | David G. Savage

Posted on 05/19/2008 5:38:52 AM PDT by kellynla

WASHINGTON — John McCain and Barack Obama, the two leading presidential candidates, have set out sharply contrasting views on the role of the Supreme Court and the kind of justices they would appoint.

Sen. McCain (R-Ariz.), in a speech two weeks ago, echoed the views of conservatives who say "judicial activism" is the central problem facing the judiciary. He called it the "common and systematic abuse . . . by an elite group . . . we entrust with judicial power." On Thursday, he criticized the California Supreme Court for giving gays and lesbians the right to marry, saying he doesn't "believe judges should be making these decisions."

Sen. Obama (D-Ill.) said he was most concerned about a conservative court that tilted to the side of "the powerful against the powerless," and to corporations and the government against individuals. "What's truly elitist is to appoint judges who will protect the powerful and leave ordinary Americans to fend for themselves," he said in response to McCain.

(Excerpt) Read more at latimes.com ...


TOPICS: Constitution/Conservatism; Extended News; Government; Politics/Elections
KEYWORDS: 2008; cfr; elections; mccain; mccainfeingold; mcjudges; obama; supremecourt; supremes
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Why I will hold my nose...again...and vote "R" on 11/4.
1 posted on 05/19/2008 5:38:52 AM PDT by kellynla
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To: All

.

.
The same kind of terrorists who did this:

http://www.frugalsites.net/911/attack/

support Barack Hussein Obama.

Awesome video every American should review.
How quickly we all forget.

.


2 posted on 05/19/2008 5:41:55 AM PDT by cyberella
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To: kellynla

Pointless.

+70 dem vote in house, +6-7(+3-4RINO) = filibuster proof senate.

Perhaps if McCain nominates another Souter, they might have a snowball’s chance in hell of getting in.

But McCain didn’t even like Alito.


3 posted on 05/19/2008 5:43:06 AM PDT by Crazieman (Vote Juan McAmnesty in 2008! Because freedom abroad is more important than freedom at home!)
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To: Crazieman

It is the appointment of Supreme Court justices under the next administration that most worries me....after the issue of national security.


4 posted on 05/19/2008 5:46:42 AM PDT by SumProVita ("Cogito ergo sum pro vita." .....updated Descartes)
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To: SumProVita

RE “”the powerful against the powerless,”

Clinton appointees to court ruled it is constitutional for McCain and democrats to outlaw us ‘powerless’ from critizing them (elected) in TV ads. We are so screwed right now.


5 posted on 05/19/2008 5:54:51 AM PDT by sickoflibs (Are libs really as dumb as they act??(maybe they just assume we are that dumb))
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To: kellynla
This is a surprisingly fair discussion of the subject, given that it appeared in the LA Times. However....

The overriding first question, which is not even asked in this article, much less answered, is this: What role does the Constitution give to judges? How is that role confirmed by basic documents such as the Declaration of Independence and the Federalist? What about "separation of powers"? What about "checks and balances"?

See below for more. Freepers, as usual, were on the subject first.

Congressman Billybob

Latest article, "King George Wears a Black Robe"

6 posted on 05/19/2008 5:59:25 AM PDT by Congressman Billybob ( www.ArmorforCongress.com)
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To: sickoflibs

I am not powerless. Why do you feel that you are?

We can certainly criticize what happens and there are avenues to do so.


7 posted on 05/19/2008 5:59:39 AM PDT by SumProVita ("Cogito ergo sum pro vita." .....updated Descartes)
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To: kellynla

The thing that gets me is this...Hussein says he is a Christian, yet he wants to appoint judges that basically despise Christ. I say he also does as well, he is not a Christian. The term “Christian Democrat” in my mind is a oxymoron.

I wish someone would ask McCain what he will do if democrats refuse all of his appointments to the high court? The right answer is to keep sending Strict constructionists one after the other, but my question is this....what will you do if they just wont accept any??? The right answer is to say, “ I am prepared to leave office with 4 or 5 judges on the court, if need be”.

I just wonder if he would buckle and compromise? I can hear McCain saying something like this...” I will not put the American people through a constitutional crisis, so I now send them a more moderate appointment???


8 posted on 05/19/2008 6:01:32 AM PDT by Friendofgeorge (McCain for president, not easy to say, but for the sake of the unborn I must support McCain)
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To: Congressman Billybob

“What role does the Constitution give to judges? How is that role confirmed by basic documents such as the Declaration of Independence and the Federalist? What about “separation of powers”? What about “checks and balances”?”

YES, this is a crucial question. ANY educated American SHOULD be able to answer that question. I will definitely read the article you suggested. Thanks.


9 posted on 05/19/2008 6:03:26 AM PDT by SumProVita ("Cogito ergo sum pro vita." .....updated Descartes)
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To: Friendofgeorge

“The term “Christian Democrat” in my mind is a oxymoron.”

Based on their anti-life platform, I agree. Any society that does not protect human life, PARTICULARLY in its most vulnerable stages....is ultimately doomed. I firmly believe this and that is why “Sum pro-vita.”


10 posted on 05/19/2008 6:07:07 AM PDT by SumProVita ("Cogito ergo sum pro vita." .....updated Descartes)
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To: kellynla
He called it the "common and systematic abuse . . . by an elite group

Sort of like, uhhh,.... the Gang of 14?
11 posted on 05/19/2008 6:07:41 AM PDT by TomGuy
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To: kellynla
"...and leave ordinary Americans to fend for themselves," ..."

And I don't buy into MommaObama's definition of "ordinary"...

12 posted on 05/19/2008 6:13:05 AM PDT by LRS
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To: Crazieman
But McCain didn’t even like Alito.

He voted to confirm Ginsberg and supported the Miers nomination.

Those who claim McCain would appoint conservatives judges are deluding themselves. He will appoint judges whom he can get confirmed in the Senate.

And that means they would have to pass a vote of the Judiciary -- where many of McCain's 'friends' just happen to be from 'across the aisle'.

And to get them comfirned on the floor, again, McCain would have to rely on help from his 'friends' from 'across the aisle'.

And you can take it to the bank that those 'friends' from 'across the aisle' are not going to confirm judges who are very much to the right, conservatively.
13 posted on 05/19/2008 6:18:39 AM PDT by TomGuy
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To: Friendofgeorge

“Hussein says he is a Christian?”

That’s what he “says”...

I have issues with ANYONE who claims to be Christian or Jewish and is pro-abortion.

And lets not forget Obama’s feeling about an unintended pregnancy...
he wouldn’t want his daughter to be “burdened” with a baby.

some “Christian”...


14 posted on 05/19/2008 6:20:34 AM PDT by kellynla (Freedom of speech makes it easier to spot the idiots! Semper Fi!)
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To: TomGuy

and you think the “D” wouldn’t be worse...

think again


15 posted on 05/19/2008 6:22:59 AM PDT by kellynla (Freedom of speech makes it easier to spot the idiots! Semper Fi!)
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To: kellynla
“about a conservative court that tilted to the side of “the powerful against the powerless,” and to corporations and the government against individuals. “What's truly elitist is to appoint judges who will protect the powerful and leave ordinary Americans to fend for themselves,” “

Nice rhetoric... Some enterprising reporter needs to ask him for his willingness to appoint judges who would rule against home owners (individuals) and for governments (city) that condemn their property “so a developer (can) build offices, a hotel and convention center.”

It is probably unnecessary to point out that such action was led by the same activist judges that Obama endorses.

16 posted on 05/19/2008 6:24:21 AM PDT by RedEyeJack
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To: kellynla
Souter versus Ginsburg.
17 posted on 05/19/2008 6:25:04 AM PDT by MBB1984
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To: TomGuy
BTW...who appointed O'Connor & Kennedy?
anyone...anyone...Ferris?

that's right, Ronald Reagan...so you geniuses can stow what McCain has done over the years with regard to justices. I'm not crazy about McCain either but I take the man at his word of appointing conservative justices...which is all we have ever done with presidential candidates. The alternative would be disastrous!

Obama/Clinton & a 'Rat Congress would ram more Lefties into the Supreme Court and would set back the possibility of Roe being reversed by 20 years...at least!

18 posted on 05/19/2008 6:30:02 AM PDT by kellynla (Freedom of speech makes it easier to spot the idiots! Semper Fi!)
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To: Friendofgeorge
The right answer is to keep sending Strict constructionists one after the other...

Everybody basically agrees that we need judges who will construe the Equal Rights Clause of the 5th Amendment strictly in favor of the equal rights of straight and gay Americans. We also need voters who understand that genuine strict constructionists support the Equal Rights clause and that phonies who pretend to be strict constructionists are really judicial activists who want to allot less than equal rights to gays and other minorities.

19 posted on 05/19/2008 6:30:33 AM PDT by MurryMom
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To: kellynla
Basically, it will come down to the Court and Congress.

With Obama, the GOP could stop the worst of his excesses when it comes to legislation. But they aren't going to stop his court picks. (Not that they won't be able to, they just won't.)

With McCain, we'll get better (not the best) judges, but the GOP won't stand up to his worst legislation at all.

20 posted on 05/19/2008 6:34:38 AM PDT by Tanniker Smith (Tony Stark makes you feel he's a cool exec with a heart of steel . . .)
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