How McCain abuses the Constitution

7-5-2008 National:

It was going to be one of those rainy evenings so typical of Florida springtime. I couldn't help but notice the dark pillars brooding over the direction of our destination: a conservative group's annual banquet.

Seated in the back seat, a dear friend and staunch conservative activist shared her thoughts on the upcoming presidential election. "I know he's a liberal on so many issues, but this is our chance to take back the Supreme Court. That's why I must support John McCain."

I winced. So this is what's left? Someone had stolen the soul of the storied, noble liberty movement that had long fought to conserve God-given freedoms against fallible man's insatiable desire to accumulate power. That grand ol' parasite had once again hoodwinked conservatives into supporting a platform fundamentally at odds with the Constitution. And all in the name of preserving the Constitution. Imagine that!

Apparently, what has conservatives holding out hope for McCain is his promise to appoint "strict constructionists" of the Constitution to the Supreme Court. Consequently, one might trust that McCain would appoint only judges that adhere to the original intent of the law. Unfortunately, as his record shows, McCain must be lovin' on a different constitution. Let me count the ways.

The First Amendment promises that the government will make "no law ... abridging the freedom of speech." Yet in 2002, Congress replied, "Just kidding!" as it passed McCain's Bipartisan Campaign Reform Act, trampling on political speech.

The Second Amendment ensures the people's right not only to protect themselves but also to keep their government in check. Yet McCain, with the help of Joe Lieberman, proposed the bill S. 890, which, among other egregious usurpations, called for federal control over all gun-shows, federal registration of every individual that attended one, and imprisonment for show marketers who could not sufficiently prove proper notification of every attendee of the new regulations.

As for the Third Amendment, I haven't seen McCain's stance on forcing homeowners to house soldiers. However, I'm sure if enough liberal Democrat friends urged him to sign legislation granting IRS agents free residence at anyone's private property, he'd do it.

When it comes to privacy, the Fourth Amendment can run, but it can't hide. Or at least Americans can't. While the Fourth Amendment prohibits "unreasonable searches and seizures" and requires warrants to be based "upon probable cause, supported by Oath or affirmation," McCain consistently votes for warrantless wiretapping and search warrants written by federal agents on the fly. (Just for the record, it doesn't matter how "cozy" we feel about Washington's unconstitutional surveillance powers. How government makes us "feel" is a liberal argument. No amendment of the Bill of Rights can be sacrificed lest the entire Constitution implode.)

The 10th amendment recognizes that "powers not delegated to the United States by the Constitution ... are reserved to the States ... or to the people." Like most D.C. establishment statists, McCain seems to believe that provision lasted about as long as George Washington's teeth. For example, he supports the federal Department of Education as well as the profligate failure, No Child Left Behind.

I'd be remiss if I did not point out Article 1, Section 8. It states that only Congress shall have the power to "coin money and regulate the value thereof." In total rejection of the law, McCain fully supports the Federal Reserve. This quasi-private bank is responsible for the malinvestment and devaluation of the dollar that is ushering in our imminent economic crisis.

And on abortion, McCain has flip-flopped too dramatically to be deemed reliable for overturning Roe v. Wade. An Aug. 24, 1999, Washington Post report quotes McCain: "But certainly in the short term, or even the long term, I would not support repeal of Roe v. Wade, which would then force X number of women in America to [undergo] illegal and dangerous operations."

Looking at that long trail of constitutional abuses, I don't see strict construction. I see demolition. I realize these are desperate times for conservatives, but let us not be lured into false electoral promises once again. Even if McCain were to miraculously find his road to Damascus and nominate a solid judge, the Democrat-controlled Senate would soundly defeat the effort.

McCain has a recipe in store for the Supreme Court. It just won't produce the food conservatives want to eat. Which brings me back to that political dinner I attended. That night, I handed Ben Stein a pretty neat little book. Oh, and the storm did subside. But not before delivering a downright deluge. ..News Source.. by Dave Hanson