John McCain and the Enduring Judiciary


John McCain takes a thoughtful approach to immigration reformWe’re at war. We face tough climate change and energy issues. Immigration problems aren’t going away. So why worry about fine print items like “judicial activism?” Because the practice undermines the fundamental principles of democracy. Judicial activism describes the tendency of liberal judges to rule on the morality of cases, rather than purely on constitutional merits, as prescribed by the Consitution. Thus, activist judges — and not elected leaders — become the final arbiters of fairness and justice. They “legislate from the bench” with neither consent nor accountability.

Sen. John McCain fully recognizes the fatal flaw of judicial activism and has long been a stalwart supporter of a constructivist (Constitution-based) judiciary. At Congressman Chip Pickering (R-MS) outlines the importance of McCain’s record on this point.

“In the case of the federal courts, [Sen. McCain] goes beyond his own ideology to that of Constitutional fidelity. He believes judges should interpret laws and not make them. He believes we are a nation of laws and not of men, even if they are judges. He believes an activist judiciary jeopardizes our balance of power, rule of law, and democratic system.

To read Congressman Pickering’s entire article, click here.

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