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Wednesday, May 7, 2008 12:00 AM

McCain embraces Bush's radical views of executive power

The GOP nominee actually complains that it is judicial power that is excessive and is unduly limiting the powers of the president.

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  • Wednesday, May 7, 2008 07:38 AM

    Herb Spencer

    As a lawyer who's been practicing in state and federal courts for over 25 years, I think I know a bit about the judiciary firsthand.

    There are lawyers who have been practicing in the federal and state courts for 30 years and who disagree with you. Pursuant to your primitive, pompous appeal to crednetialism, I suppose that proves that you're wrong.

    McCain's correct when it comes to the arrogance of judicial power, particularly on the federal bench. Only now are we starting to finally see, in scattered decisions, the judiciary's own recognition of this fact.

    McCain's argument isn't that there are isolated judicial decisions that are wrong. Nobody doubts that.

    He said that "there is one great exception" to the system of checks and balances envisioned by the Founders, and that is excessive judicial power, including the judiciary's lack of respect for presidential powers. Do you agree that's the one exception? Do you have any examples to prove that?

    Judges are there to apply the law, NOT to make it, which is the job of the people, whether directly or thru their legislatures.

    One would have hoped that anyone "practicing in state and federal courts for over 25 years" would have an understanding of constitutional law that has advanced beyond the most simplistic and worthless cliches. Apparently, one would be wrong.

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