"Let's start with McCain: He has pledged to nominate judges like Bush's two appointees, John Roberts and Samuel Alito, who "understand that there are clear limits to the scope of judicial power, and clear limits to the scope of federal power." So far, so good. No reasonable person would deny that limited federal government and separation of powers were two of the Framers' foundational principles"
"Obama has an entirely different perspective. His spokesman, Tommy Vietor, stated that Obama "has always believed that our courts should stand up for social and economic justice." Indeed, Obama has said he wants justices who have "the empathy to recognize what it's like to be a young teenage mom," or to be gay, poor or black. Many liberal legal scholars agree, although they use other labels as synonyms for empathy and social consciousness."
f you like the notion of a living Constitution that can be bent to reflect subjective judgments about felt necessities, then Obama's judicial nominees will be your cup of tea. If you prefer originalists who are anchored by the written text of the founding documents, then McCain's nominees " assuming he drops his mistaken allegiance to strict construction and original intent " are more likely to fill the bill. In either case, the Senate must ferret out that distinction during the confirmation proceedings. If the nominee is a textualist, senators can anticipate that his or her jurisprudence will be objective and grounded in the Constitution, not based on personal preferences. If, however, the nominee believes that empathy and social consciousness are paramount, then the dysfunctional confirmation process of recent years will persist as senators are compelled to unearth the anchor-less beliefs of the nominee on a wide range of public policy issues."