by Bob Barr
Wall Street Journal
The judiciary is becoming an important election issue. John McCain is warning conservatives that control of today’s finely balanced Supreme Court depends on his election. Unfortunately, his jurisprudence is likely to be anything but conservative.
The idea of a “living Constitution” long has been popular on the political left. Conservatives routinely dismiss such result-oriented justice, denouncing “judicial activism” and proclaiming their fidelity to “original intent.” However, many Republicans, like Mr. McCain, are just as result-oriented as their Democratic opponents. They only disagree over the result desired.
Judge-made rights are wrong because there is no constitutional warrant behind them. The Constitution leaves most decisions up to the normal political process.
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