While most people in the free world anxiously await the results of the Gas Tax Primaries, John McCain delivered a speech at Wake Forest on his Judicial Philosophy. The speech follows the traditional conservative "god-terms" of judicial restraint, activist judges, democratic decisions, and "devil terms" of international law, the constitutions of other nations, the meaning of life, evolving standards of decency, penumbras, and emanations.
If this speech represents his views, McCain does not possess a deep philosophy. For example, though McCain praises the god-terms of judicial restraint and democratic decisions, he derides the Supreme Court for its decision in Kelo v. City of New London, the eminent domain case from Connecticut. While this case certainly seems like an abuse of power by the New London, the city officials proceeded through democratic means and reforms in response to the decision have developed through democratic means. This is how democracy works. Instead of attacking this decision, McCain ought to praise this decision because the Supreme Court followed his god-terms. But that would take intellectual honesty and require him to cross his political backers.
So what does this mean? First, this speech certainly reflects McCain's need and desire to appeal to the Religious Right. To do this means he may lose some Republicans and Independents by creating rhetorical demons over the "Under God" in the Pledge of Allegiance and "In God We Trust" on the currency.
Second, there is no discussion of how to interpret the Constitution. Instead, McCain provides examples of what is right politically and, hence, legally (the Religious cases, Kelo, etc). McCain offers the standard line of Alito and Roberts as a model but does not note how they read the Constitution in any principled method.
Third, if Democrats need a way to create unity, this speech ought to work for the fall.
No comments:
Post a Comment