If John McCain wins the presidency – and gets to appoint one or more U.S. Supreme Court justices – America’s 220-year experiment as a democratic Republic living under the principle that “no man is above the law” may come to an end.
To put the matter differently, if a President McCain replaces one of the moderate justices with another Samuel Alito – as McCain has vowed to do – then Justice Department lawyer John Yoo’s extreme vision of an all-powerful Executive could well become the new law of the land
But the “strict constructionist” phrase is really a euphemism for a double standard, objecting to judicial decisions that conservatives don’t like while justifying judicial activism when it serves right-wing causes, such as giving President Bush authority to brush aside the Constitution as he prosecutes the “war on terror.”
Thus, perhaps more than any other question, the November election will settle whether a future Supreme Court will reshape the United States into an imperial system both at home and abroad – or roll back President Bush’s expansion of executive power in the direction of the Founders' original vision.
Or, do Americans want to go down the path marked by the likes of Yoo, Alito and Bush – ceding virtually all power to one individual who can operate beyond all laws and outside the rules of human behavior – and do so with the blessing of the U.S. Supreme Court?
Some do, and I hope there's not enough of 'em.
Even with the appointments of Roberts and Alito, we've been lucky. Justice Stevens just turned 88 years of age, and Justice Ginsberg is 75. Their positions will almost certainly come up for grabs during the next Presidency. Right now, their doctors are the most important people in America.
The future of our country as it oughta be, and not in the direction it's going, depends absolutely on McCain not getting the Office of President.
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