Monday, January 28, 2008

Re: More McCain on Judges   [Andy McCarthy]

Mark (H), the Senator says he wants judges to "strictly interpret the Constitution."  Fine ... but isn't the following a fair follow up question: If you believe judges must "strictly interpret the Constitution," is there any reason why the two other branches should not strictly interpret the Constitution?  We are not, after all, ruled by judges.  We are ruled by the Constitution.  The other branches are also supposed to interpret the Constitution, when they act.

So if McCain is so devoted to a strict interpretation of the Constitution (by which I assume he means an originalist interpretation of the Constitution, but perhaps not), can he explain by what strict interpretation of the First Amendment — the relevant provision of which says, "Congress shall make no law ... abridging the freedom of speech," and the principal intent of which is to ensure the right to political speech — McCain/Feingold is constitutional?

Any straight talk appreciated.

01/28 07:03 PMShare