the federal courts have a great deal to do with how prosecutions are conducted in state courts. Judge Henry Friendly warned us over four decades ago that the Bill of Rights was being transformed into a detailed code of criminal procedure. Judicially created rules that are not really in the Constitution and often have nothing to do with the reliability of the verdict -- and in some cases actually obstruct the search for truth -- operate to defeat the cause of justice every day in American courtrooms. Will the next President appoint judges who will take us further down that path or judges who will realize we have already gone too far? [...]
Collin Levy wrote on Thursday in the WSJ that "conservative court watchers are questioning whether [McCain] could be trusted to fill seats on the Supreme Court." To relieve these fears, Sen. McCain should go beyond naming examples and make clear his position on the Great Question of constitutional law:
More at Crime and Consequences.In the context of judicial review of statutes, what is the nature of the Constitution? Is it a contract between the people and their government, to be enforced according to its terms as understood by the contracting parties at the time? Or is it a portal for wise, wonderful, black-robed platonic guardians to plug in to a Jungian cosmic consciousness, decide what is truly best for the great unwashed, and ram it down their throats whether they agree or not?