

Today
John McCain was trying to woo the
conservative base of his party, which is a good idea since in today's
North Carolina primary 27% of Republicans voted against the guy, even though he has a lock on the nomination.
McCain promised to appoint
"conservatives" to the
Supreme Court,
saying that his “ nominees will understand that there are clear limits to the scope of judicial power, and clear limits to the scope of federal power." Cool—but I wonder if he will appoint a
justice inclined to overrule
McConnell v. FCC, where the
Supreme Court upheld the
McCain-Feingold Act, which was the single greatest abridgment of
free speech since the Civil War—giving
political speech less protection than burning the flag.

I don't think that
Honest John is much of a reader, but it would be a good idea if he took a look at
The Dirty Dozen: How Twelve Supreme Court Cases Radically Expanded Government and Eroded Freedom .
In the book,
Robert Levy and
William Mellor explain why
Alexander Hamilton was wrong when he opined that the
Judiciary was the weakest of the three branches of the
federal government.
The book is about twelve
Supreme Court cases that changed the course of American history by expanding the power of the
federal government far beyond that enjoyed by King George , and gutting the
civil rights and
liberties which were the reason we fought a revolution.
One of the profiled cases is
McConnell v. FCC.
I wonder if a
President McCain would want a Justice who would overrule
Wickard v. Filburn which stands for the proposition that under the
interstate commerce clause the
federal government can regulate virtually anything, which now includes making a terminally ill patient a criminal for using
medical marijuana, grown and distributed in a single state, taken under a doctor's prescription, in accordance with state law.
Or does
McCain favor
federalists of convenience, like
Antonin Scalia—who are always able to find the inherent drug or national security exception to the
Constitution?
How about
Bemmis v. Michigan? The
Supreme Court allowed a wife to
lose her half interest in the family car in a
civil forfeiture proceeding because her husband had used the vehicle as a convenient place to get a blowjob from a hooker.
While
McCain is, at best, a
johnny come lately to the view that
Roe v. Wade should be overturned, it is not at all clear that he understands that the reason is because the
Constitution has absolutely nothing to say about
abortion—not because he might be personally against
abortion, or many of the voters he is wooing are.
I rather doubt that a
President McCain will appoint a
justice willing to take on
Home Building & Loan Association v. Blaisdell where the
Supreme Court decided that when the drafters of the
Constitution wrote
"No State shall ... pass any ... law impairing the obligation of contracts" they meant essentially the opposite.
Or how about the
Japanese internment cases, which stand for the “national security exception” which was the rationale for holding
Jose Padilla, an American citizen, in a military brig for years without bringing criminal charges.
Would he have the courage to appoint a
justice who was at least willing to chip away at
Helvering v. Davis , and the rest of the
New Deal decisions, which through the
“general welfare” clause, gave the
federal government unlimited power to tax, spend and control every crook and cranny of an individual's life.
Honest John ticked off
liberals because
they don't care what the
Constitution says when it comes to their pet projects. He pleased the type of people who nowadays consider themselves
“conservatives” because he was implicitly endorsing their two primary pet projects—no
abortions and plenty of
capital punishment.
I'd like to know
John McCain's thoughts on
The Dirty Dozen.
