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McCain and the Constitution: losing the battle before it starts
At a recent rally McCain misquoted Obama's 'bitter' comments by saying:
We’re going to go to the small towns in Pennsylvania and I’m gonna to tell them I don’t agree with Senator Obama that they cling to their religion and the Constitution because they’re bitter. I'm gonna tell them they have faith and they have trust and support the Constitution of the United States because they have optimism and hope... That's what America's all about.
Interesting for two reasons: the 'quote' isn't and McCain is only in favor of the Constitution when it's convenient to his agenda.
For a candidate who doesn't want his age to be an issue in the general, you'd think he'd make sure to quote accurately the statements of his opposition. After all, with his considerable medical history, I don't think McCain wants dementia so much as mentioned.
That being the case, you have to assume it wasn't a misquote at all, but rather an attack on the Senator from Illinois; who has a Harvard law degree, was the president of the Harvard Law Review and a professor of Constitutional law for 12 years.
Which leads me to believe McCain is certainly losing his mind. They say half the battle is choosing the ground on which it will be fought. If that is the case then McCain has well and truly lost the battle.
First his position in favor of 'being in Iraq as long as it takes' is greatly weakened, of not entirely destroyed, this week by the Iraqi parliament. And now it's on the Constitution, a field in which Obama is consummate professional. Far more damaging than his position on American troops in Iraq is his stance on when the Constitution is applicable and when it is not. For example, he doesn't feel that Guantanamo detainees deserve Constitutional rights. And far worse, and with even further reaching implications, he doesn't feel Americans do either.
On the issue of domestic surveillance, McCain supports warrantless wiretapping programs against Americans, as well as presidential signing statements, based on the theory that the president's wartime powers trump federal criminal statutes and court oversight; contrary to the Constitution.
Naturally, this only has implications if we are, in fact, at war. Bush says the 'War On Terror (tm)' is a 'war'. So then, is the 'war on drugs'? The 'war on poverty'? How about the 'war on Constitutional reform'? In fact, if you want to class 'war' as Bush has and McCain will, could it not be said that we have been 'at war' for more than 30 years? And this being the case, does it mean that the Republicans believe the office of the president should continually have the power to do whatever they like, whenever they like, however they like, no matter what the Constitution has to say about it? Is this not exactly the abuse of powers which the Constitution guards us against?
Guess it's understandable that McCain doesn't consider the Constitution all that important when dealing with domestic and foreign affairs. What isn't understandable is that he has chosen this field on which to pitch a battle. A battle which he has neither weapons to fight nor positions of defense.
A battle he will lose before the first salvo is launched.













Comments (5)
I want to go to one of McCain's townhalls. One where Obama and McCain are both in attendance. And then I want to ask both of them (McCain first, of course) if, in their opinion, Santa Clara County v. Southern Pacific Railroad Company honors the spirit and intent of the 14th Amendment. And also, do they consider that judgment to be strictly constructionist or would that be an example of legislating from the bench?
Then I want to sit back and laugh and laugh and laugh and laugh...
June 13, 2008 1:43 PM | Reply | Permalink
Interesting. Thanks for the history lesson. I just read a brief description of Santa Clara County v. Southern Pacific Railroad Company. I always wondered why corporations seem to be granted so many of the rights of individual citizens. Seems that a non-precedent precedent is where this idea came from. *sigh*
June 13, 2008 4:21 PM | Reply | Permalink
Hardly evidence that McCain's losing his mind.
Since Obama's bitter clinger remark was about guns and religion, McCain is making a not so veiled reference to the 2nd amendment, as in vote for me or the government will take your guns.
June 13, 2008 5:52 PM | Reply | Permalink
The SCOTUS ruling is a winning issue for McCain. If there were a national referendum on the Bill of Rights, it would lose hands down. Most people agree with McCain on Guantanamo: they'd rather imprison and torture a hundred innocent people than risk letting one "terrorist" go free.
This election, like all presidential elections, will have only one overriding factor influencing its outcome: each candidate's image. Issues mean nothing.
June 14, 2008 6:04 AM | Reply | Permalink
So you feel the Bill Of Rights and the Constitution are meaningless and the people would do away with them if given the chance? You're out of touch with America.
I think you're confusing 'the people' with 'the Republican Party'; a dire mistake which is evident and will become more so in November, where you will be getting not only your referendum but an indictment on the failed policies of Bush, McCain and Co.
June 14, 2008 7:21 AM | Reply | Permalink
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