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As the election approaches there is certainly no shortage of issues to distinguish the candidates, however one area which gets an unfortunately small amount of attention is the future President’s potential appointees to the federal courts.

Front and center to a President’s nominee selection process rests on the question of judicial philosophy. McCain has said he will appoint “strict constructionists” who would follow in the Antonin Scalia and Clarence Thomas mold. These judges attempt to interpret the Constitution in accord with its original meaning and context. The argument for this constitutional reading is that if we in fact live in a democracy only democratically elected officials can change our laws.

By contrast Obama has stated he would appoint judges like Steven Breyer and Ruth Bader Ginsberg, who can be described as adherents to the “Active Liberty” interpretation of the Constitution. Under this view Judges take it upon themselves to go beyond the original intent of the Constitution. This view point supported cases such as Roe v. Wade, and Miranda v. Arizona. The argument in favor of this review standard is that courts require the authority to override democratic rule in the areas deemed important by the Court, even though not addressed explicitly by the Constitution.

Here are links from the dueling view points, Justices Scalia and Breyer over the question of judicial philosophy

As you think about how the Constitution should be interpreted, consider the following cases:

Boumediene v. Bush, 5-4 decision addressing the War on Terror: The Court ruled that alleged terrorists have a Constitutional right of access to domestic courts. This ruling overrode the Congresses’ specific denial of domestic court access to alleged terrorists. In my own research and reading of the opinion I have not found one prior instance in this nation’s history where warring alien enemies of this nation had access to our domestic courts.

Kennedy v. Louisiana, 5-4 decision addressing the Death penalty. The Court ruled that child rape did not qualify as a crime warranting the death penalty under the “evolving standard of decency”. This opinion overrode Louisiana’s democratic decision to permit the execution of a child rapist and the history of the American death penalty which allowed State to execute far far less horrid offenses.

Gonzales v. Carhart, 5-4 decision addressing the ban of a particular partial birth abortion ban. The Court upheld a state law prohibiting a particular form of partial birth abortion. The ruling affirmed the right of state’s to democratically pass laws on the termination of late term fetal life

Kelo v. City of New London, 5-4 decision addressing the reach of Eminent Domain. In this opinion the Court ruled that the Takings Clause permitted government’s to seize homes and other forms of private property for any “public purpose” despite the 5th Amendment’s much more restrictive language.

– Ignacio

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The Messia-uh is at it again. Barack Obama has stated publicly that his campaign had nothing to do with the hideous attacks against the Palin family alleging a hoax pregnancy, to cover for her daughter’s own “secret child birth” The Messi-uh states that:

“We don’t go after people’s families. We don’t get them involved in the politics. It’s not appropriate and it’s not relevant. Our people were not involved in any way in this and they will not be. And if I ever thought there was somebody in my campaign that was involved in something like that, they’d be fired,” See,

Palin rebuts rumors, says daughter pregnant.

That’s interesting. Perhaps the omnipresent Obama forgot that his Florida disciples just ran an attack ad targeting Cindy McCain. Barry’s infallible, so I would suggest Florida Democrat’s get ready for fire and brimstone any time now . . . I’m still waiting . . .

See the we don’t attack families ad by Florida’s Sunshine Apostles:

Fox portrays Cindy McCain as victim of attack ad compares to Michelle Obama smears.

-Ignacio

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Sun Makes History: First Spotless Month in a Century

Could it possibly be? Could by chance the sun have anything to do with the warming and cooling of the planet?

– Ignacio

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Senator McCain’s selection of Sarah Palin has brought this election to a time for choosing. The candidates finally squared and centered in the politically arena, I am more than content stand with the McCain/Palin ticket, which provides a man and woman of action rather than hollow words.

To appreciate the selection of Palin at its core, we have only to open our eyes fully at Senator McCain. McCain, much to my chagrin, is and has always been a maverick, breaking with the party, and sometimes conservative principles, to serve his understanding of America’s best interest. The campaign finance reform and the immigration debates should have taught us all that McCain is interested in serving his understood vision of the greater good, whatever the political risk. In keeping with this spirit McCain has selected an individual who is not of Washington, not even by train. He has selected a person whose zeal and competence have shown like diamonds in the rough. Sarah Palin’s gender is of significance only to the women who will grow to admirer her, yet it is her fierce commitment to the soul of the conservative movement that will make her an outstanding Commander and Chief in waiting.

For months I have followed Governor Palin, intrigued by her willingness to grab government by the nose and force it to work. Whether standing up to Republican Senator Ted Stevens’ bridge to nowhere or her zealous advocacy for American energy independence, Palin has tackled the issues that trouble our party and challenge our nation. The Governor has tackled ethics reform and public corruption in the spirit of the old saying, Let Justice be Done Through the Heavens Fall. She has neither bent to power or party, committed to the cause of public service no matter the consequence. This is the leader McCain has aspired to be, Country First, no matter the cost.

Further, it should be comforting that at least one party will have a member of their ticket who has served as a government executive. Sarah Palin’s time as a Mayor and Governor make her the lone candidate on ether ticket who has enforced the laws passed by legislators, upheld a budget and been charged with crisis management. It is amazing that following Katrina and disasters of her sort that anyone would think this nation could go without a strong executive minded leader at the helm of our government. As an admirer of the Great State of Alaska, I have come to know that the north country is challenged by a climate that is harsh and unforgiving. Calamity is a daily occurrence on the North Slope, making Alaska a unique training ground by fire. No other candidate, on either ticket, knows the weight of managing a crisis. As a nation we are lucky to have a steady and experienced hand at helm should we meet rough seas.

On Domestic issues the Alaskan Governor has also proved to be McCain’s kindred spirit on issues of taxation and budget control. The sad reality is the Republican party has come off its ideological moorings on issues of spending. To lead the nation, our party must realize our cause is to control spending not race the Democrats to the trough of waste. Sarah Palin has led the revival of the Republican spirit in Alaska, and has the credentials to do so for our national party. McCain has not picked the oldest, most experienced, most en vogue running mate, he has selected the best bearer of his ideals.

On issues of State, Sarah Palin also provides our nation with an executive who has shared an international border with one sovereign nation in Canada, and abutting the Bering Sea with Russia. Any person with an inch of depth in geopolitical history will know that U.S. Russian relations on the Bering Sea have never been easy. Russian and Canada’s stance on the Law of Sea Convention put Alaska in the crossfire of an intense debate over sovereignty disputes between three nations, all with undertones related to resource exploitation and sea passage. An executive who has been able to navigate these issues without incident is more than qualified to aspire to the Vice-Presidency.

This election the American people will come to a time for choosing. On one end of the ballot John McCain and Sarah Palin will stand with careers of work and accomplishment. On the other side Barack Obama and Joe Biden will have careers of words. As a nation who values “walk over talk” I am confident the American people will choose Country First and elect the McCain/Palin team to lead our people.

~ Ignacio

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