Judges have limited scope under the Constitution

Why has the appointment of judges become such a flashpoint of controversy in the past twenty years or so? They should be people who respect the limited scope afforded Federal judges under the Constitution. They should be people who understand that the Founders' concern about the expansive tendency of power extended to judicial power as well as to executive or legislative power. They should be people who are humbled by their role in our system, not emboldened by it. Our freedom is curtailed no less by an act of arbitrary judicial power as it is by an act of an arbitrary executive, or legislative, or state power. For that reason, a judge's decisions must rest on more than his subjective conviction that he is right, or his eagerness to address a perceived social ill.

Chief Justice William Rehnquist had a profound understanding of the balance inherent in Federalism, between the states and the Federal governments, as well as between the three Federal branches--and he left us a strong legacy.
Source: Speech to The Federalist Society Nov 16, 2006

M.R.O. says: Sen. McCain is dead-on here. As a political observer and pundit here at Mr. Right Opinion, I can judge people all day long (and I do!) without having to adhere to the principles of the law and the Constitution. Federal judges are not afforded that luxury. And it is obvious that John McCain understands this.

He will appoint judges who can put their personal feelings aside, and make decisions based solely on the intent of the Founding Fathers in the Constitution. He’s not going to appoint judges that will legislate from the bench, like some former Democrat presidents we’ve had. We have a branch of the federal government for legislating. I believe it’s called the Legislative Branch!

More death penalty; stricter sentencing

McCain supports the following principles regarding crime:
-Broaden use of the death penalty
-Impose stricter penalties for violent felons
-Increase spending to build more federal prisons
-Impose “truth in sentencing” for violent criminals so they serve full sentences
-Support programs to provide prison inmates with vocational and job-related skills and job-placement assistance when released.
-Support programs to provide prison inmates with drug and alcohol addiction treatment.
Source: Vote-Smart.org 2000 NPAT Jan 13, 2000

M.R.O. says: I think, with the advent of DNA, broadening of the death penalty is a good idea, as long as the DNA is there to prove the case. If not, I think it should automatically be Life without parole.

Other than that, I agree with all his proposals. However, I think that if you fund more vocational rehabilitation and drug and alcohol rehab programs, we will see less of a need for more prison room, as recidivism rates, I am sure, will drop dramatically.

More community policing; enough hate crime laws

McCain agrees that funding should be increased for community policing programs. He says “increases should be implemented with state and local government commitments.” With regards to “hate crimes,” he says, “All but 13 states have hate crimes statutes. Federalizing all such crimes will simply obstruct justice by forcing them into clogged federal courts.”
Source: Vote-Smart.org 2000 NPAT Jan 13, 2000

M.R.O. says: Community policing is a wonderful idea, and it should be given the funding it needs. We saw what happened when the Minutemen patrolled the border and called BP when they spotted illegals. It worked. The same would be the case with community policing. As for hate crimes…you know where I stand on that.

Prosecute youths as adults, but separately; explore sources

McCain supports the following principles regarding juvenile crime:
-Increase penalties for crimes committed on school grounds.
-Prosecute as adults, youths accused of a felony.
-Increase funding for local Boys & Girls Clubs and other independent organizations in communities with at-risk youth.
-Provide block grants to states for implementation of programs to combat juvenile crime. -Impose harsher penalties for youths convicted of violent offenses.
-McCain points out that he “helped create the youth violence commission to develop remedies to youth violence.”
-Support the use of “boot camps” as alternative sentencing for juvenile offenders.
-Support programs that provide job training and placement services for at-risk youth. -- ---McCain says, “Juvenile offenders should be kept separate from adult offenders and receive the appropriate remedial and rehabilitation services.”

M.R.O. agrees with all these proposals.

The following are other votes the Senator has cast, without my commentary:

-Voted YES on limiting death penalty appeals

-Voted YES on limiting product liability punitive damage awards

-Voted NO on restricting class-action lawsuits

-Voted YES on repealing federal speed limits

-Voted YES on mandatory prison terms for crimes involving firearms

-Voted YES on rejecting racial statistics in death penalty appeals

M.R.O.’s only opinion on these votes is to say that, at least as far as these votes are concerned, Sen. McCain has come down on the conservative side, for sure.