Bob Barr on McCain and the Supreme Court

From to-day’s Wall Street Journal‘s opinions, Bob Barr, “Judges Are No Reason to Vote for McCain”:

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.

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.

And you wonder why I support this man? Seriously, read the whole piece. A tip of the hat to John Schwenkler for this one. Check out the other interesting links posted by the Schwenk with this piece, here.

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