McCain speech on selecting judges:

…All the powers of the American presidency must serve the Constitution, and thereby protect the people and their liberties. For the chief executive or any other constitutional officer, the duties and boundaries of the Constitution are not just a set of helpful suggestions. They are not just guidelines, to be observed when it’s convenient and loosely interpreted when it isn’t. The clear powers defined by our Constitution, and the clear limits of power, lose nothing of their relevance with time, because the dangers they guard against are found in every time.

In America, the constitutional restraint on power is as fundamental as the exercise of power, and often more so. Yet the framers knew that these restraints would not always be observed. They were idealists, but they were worldly men as well, and they knew that abuses of power would arise and need to be firmly checked. Their design for democracy was drawn from their experience with tyranny. A suspicion of power is ingrained in both the letter and spirit of the American Constitution.

In the end, of course, their grand solution was to allocate federal power three ways, reserving all other powers and rights to the states and to the people themselves. The executive, legislative, and judicial branches are often wary of one another’s excesses, and they should be. They seek to keep each other within bounds, and they are supposed to. And though you wouldn’t always know it from watching the day-to-day affairs of modern Washington, the framers knew exactly what they were doing, and the system of checks and balances rarely disappoints.

There is one great exception in our day, however, and that is the common and systematic abuse of our federal courts by the people we entrust with judicial power. For decades now, some federal judges have taken it upon themselves to pronounce and rule on matters that were never intended to be heard in courts or decided by judges. With a presumption that would have amazed the framers of our Constitution, and legal reasoning that would have mystified them, federal judges today issue rulings and opinions on policy questions that should be decided democratically. Assured of lifetime tenures, these judges show little regard for the authority of the president, the Congress, and the states. They display even less interest in the will of the people. And the only remedy available to any of us is to find, nominate, and confirm better judges…

…Here, too, Senators Obama and Clinton have very different ideas from my own. They are both lawyers themselves, and don’t seem to mind at all when fundamental questions of social policy are preemptively decided by judges instead of by the people and their elected representatives. Nor have they raised objections to the unfair treatment of judicial nominees.

For both Senator Obama and Senator Clinton, it turned out that not even John Roberts was quite good enough for them. Senator Obama in particular likes to talk up his background as a lecturer on law, and also as someone who can work across the aisle to get things done. But when Judge Roberts was nominated, it seemed to bring out more the lecturer in Senator Obama than it did the guy who can get things done. He went right along with the partisan crowd, and was among the 22 senators to vote against this highly qualified nominee. And just where did John Roberts fall short, by the Senator’s measure? Well, a justice of the court, as Senator Obama explained it — and I quote — should share “one’s deepest values, one’s core concerns, one’s broader perspectives on how the world works, and the depth and breadth of one’s empathy.”

These vague words attempt to justify judicial activism — come to think of it, they sound like an activist judge wrote them. And whatever they mean exactly, somehow Senator Obama’s standards proved too lofty a standard for a nominee who was brilliant, fair-minded, and learned in the law, a nominee of clear rectitude who had proved more than the equal of any lawyer on the Judiciary Committee, and who today is respected by all as the Chief Justice of the United States. Somehow, by Senator Obama’s standard, even Judge Roberts didn’t measure up. And neither did Justice Samuel Alito. Apparently, nobody quite fits the bill except for an elite group of activist judges, lawyers, and law professors who think they know wisdom when they see it — and they see it only in each other.

I have my own standards of judicial ability, experience, philosophy, and temperament. And Chief Justice Roberts and Justice Samuel Alito meet those standards in every respect. They would serve as the model for my own nominees if that responsibility falls to me. And yet when President Bill Clinton nominated Stephen Breyer and Ruth Bader Ginsberg to serve on the high court, I voted for their confirmation, as did all but a few of my fellow Republicans. Why? For the simple reason that the nominees were qualified, and it would have been petty, and partisan, and disingenuous to insist otherwise. Those nominees represented the considered judgment of the president of the United States. And under our Constitution, it is the president’s call to make.

In the Senate back then, we didn’t pretend that the nominees’ disagreements with us were a disqualification from office even though the disagreements were serious and obvious. It is part of the discipline of democracy to respect the roles and responsibilities of each branch of government, and, above all, to respect the verdicts of elections and judgment of the people. Had we forgotten this in the Senate, we would have been guilty of the very thing that many federal judges do when they overreach, and usurp power, and betray their trust…

Good stuff - read the whole thing.

McCain is a flawed candidate. On issues like campaign finance reform and taxation, he has behaved too much like a man who has spent his entire adult live in government. But this speech puts him on the correct side of one of the most important issues.

From the Telegraph:

…Researchers studying long-term changes in sea temperatures said they now expect a “lull” for up to a decade while natural variations in climate cancel out the increases caused by man-made greenhouse gas emissions.
  
Global warming may stop, scientists predict The study predicts the IPCC’s 0.3ºC temperature rise for the next decade may not happen

The average temperature of the sea around Europe and North America is expected to cool slightly over the decade while the tropical Pacific remains unchanged…

How convenient. For the next ten years it will be impossible to argue against catastrophic global warming on the basis of actual data.

If the world cools over the next decade alarmists will say its only temporary, and that they in fact predicted it. Thus, their skills as forecasters are affirmed and we’d better do what they tell us (raise taxes, grow government, sign treaties).

If the world warms alarmists will say its worse than they expected, but that their theories of impending apocalypse are confirmed. Thus, we’d better listen to them (raise taxes, grow government, sign treaties).

Socialism and global governance no matter what!

Its worth recalling there’s been no measured global warming since 1998.  And now they’re telling us there’ll probably be nothing for the next 10 years.

Direct measurements of temperature go back to the 1800s for some locations (the vast majority in the Continental United States), but global coverage really started with satellites in 1978.  Alarmists admit there’s been no warming for the last 10 years, and are saying there will be none for the next 10 years. So by 2018 they’re saying satellites will have observed warming for just the first 20 of the 40 years they’ve been on line.

This is all, off course, supposed to be consistent with their predictions of out of control warming.

By our favorite Jerusalem Post columnist Caroline Glick:

Speaking in February of the man she knows better than anyone else does, Michelle Obama said that her husband, Illinois Senator and candidate for the Democratic Presidential nomination Barack Obama, is the only candidate for president who understands that before America can solve its problems, Americans have to fix their “broken souls.”

She also said that her husband’s unique understanding of the state of souls of the American people makes him uniquely qualified to be President. Obama can do what his opponent in the Democratic race Senator Hillary Clinton, and Senator John McCain, the presumptive Republican presidential nominee, cannot do. He can heal his countrymen’s broken souls. He will redeem them.

But then, saving souls is hard work, and Mrs. Obama won’t place the whole burden on her husband. He’ll make the Americans work for him. As she put it, “Barack Obama will require you to work. He is going to demand that you shed your cynicism. That you put down your divisions. That you come out of your isolation, that you move out of your comfort zone. That you push yourselves to be better. And that you engage. Barack will never allow you to go back to your lives as usual, uninvolved, uninformed.”

At base, Mrs. Obama’s statement is nothing less than a renunciation of democracy and an embrace of fascism. The basic idea of liberty is that people have a natural right to live their lives as usual and to be uninvolved and uninformed. And they certainly have a right to expect that their government will butt out of their souls….

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Sounds like the UN. Or maybe the party of Dollar Bill Jefferson, Alcee Hastings, and John Murtha.

I have a question I don’t think has been asked concerning Obama’s recent comments about small town people “clinging” to guns and religion. Recalling his remarks:

You go into these small towns in Pennsylvania and, like a lot of small towns in the Midwest, the jobs have been gone now for 25 years and nothing’s replaced them. And they fell through the Clinton administration, and the Bush administration, and each successive administration has said that somehow these communities are gonna regenerate and they have not.

And it’s not surprising then they get bitter, they cling to guns or religion or antipathy toward people who aren’t like them or anti-immigrant sentiment or anti-trade sentiment as a way to explain their frustrations.

Is he saying Pennsylvania is in the Midwest? And he’s an IL Senator and resident of Chicago, the biggest city and state in the region!

Here’s the US Census definition:

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And a broader one on Wikipedia:

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Of course, his audiance was a bunch of hyperwealthy San Franciscans - for many of them Midwest might mean everything East of Jackson Hole and West of DC.

From the WSJ:

“In a democracy, I realize you don’t need to talk to the top leader to know how the country feels,” he said over the weekend, responding to a question from an Israeli journalist who noted that Mr. Carter had been snubbed by most of Israel’s top leadership and reprimanded by its president, Shimon Peres. “When I go to a dictatorship, I only have to talk to one person and that’s the dictator, because he speaks for all the people.”

The mask slips. I believe Carter’s views on democracy are fairly typical among American leftists.

George Will’s piece today touches on a similar topic - Obama’s contempt for many American voters. Read the whole thing. Excerpts:

…When a supporter told Adlai Stevenson, the losing Democratic presidential nominee in 1952 and 1956, that thinking people supported him, Stevenson said, “Yes, but I need to win a majority.” When another supporter told Stevenson, “You educated the people through your campaign,” Stevenson replied, “But a lot of people flunked the course.” Michael Barone, in “Our Country: The Shaping of America From Roosevelt to Reagan,” wrote: “It is unthinkable that Roosevelt would ever have said those things or that such thoughts ever would have crossed his mind.” Barone added: “Stevenson was the first leading Democratic politician to become a critic rather than a celebrator of middle-class American culture — the prototype of the liberal Democrat who would judge ordinary Americans by an abstract standard and find them wanting.”

Stevenson, like Obama, energized young, educated professionals for whom, Barone wrote, “what was attractive was not his platform but his attitude.” They sought from Stevenson “not so much changes in public policy as validation of their own cultural stance.” They especially rejected “American exceptionalism, the notion that the United States was specially good and decent,” rather than — in Michelle Obama’s words — “just downright mean.”

The emblematic book of the new liberalism was “The Affluent Society” by Harvard economist John Kenneth Galbraith. He argued that the power of advertising to manipulate the bovine public is so powerful that the law of supply and demand has been vitiated. Manufacturers can manufacture in the American herd whatever demand the manufacturers want to supply. Because the manipulable masses are easily given a “false consciousness” (another category, like religion as the “opiate” of the suffering masses, that liberalism appropriated from Marxism), four things follow:

First, the consent of the governed, when their behavior is governed by their false consciousnesses, is unimportant. Second, the public requires the supervision of a progressive elite which, somehow emancipated from false consciousness, can engineer true consciousness. Third, because consciousness is a reflection of social conditions, true consciousness is engineered by progressive social reforms. Fourth, because people in the grip of false consciousness cannot be expected to demand or even consent to such reforms, those reforms usually must be imposed, for example, by judicial fiats….

Lifted entirely from Professor Don Boudreaux at Cafe Hayek:

In his new book, Common Wealth, Jeffrey Sachs expresses his concern about population growth.  Worried by a U.N. prediction that global population will rise to 9.2 billion by the year 2050, from 6.6 billion today, Sachs says (on page 23 of his new book) the following about these additional 2.6 billion persons:

I will argue at some length that this is too many people to absorb safely, especially since most of the population increase is going to occur in today’s poorest countries.  We should be aiming….to stabilize the world’s population at 8 billion by midcentury.

Eight billion.  I’m not sure where Sachs got that number.  And, to be frank, I’m not curious about where he got it.  He could have dreamed it up in his sleep, or taken it from a multi-year study conducted by a lavishly funded committee made up of the world’s most accomplished economists, demographers, environmentalists, statisticians, physicians, and other Very Smart Experts.  No matter where the number comes from, it’s worthless.  There is simply no way to know how many persons the earth can “support” in the year 2050 (or any other year, for that matter).

First is the question: support at what standard of living?  Even if we grant the validity of the resources-are-very-tightly-limited supposition (upon which fear of population growth chiefly rests), there is no objective, scientifically determinable “optimal” number of people who can be alive at any one time.  According to the resources-are-very-tightly-limited supposition, the less that people consume, the greater are the amounts of resources that will be left for the future — the greater is the earth’s carrying capacity.  In this view, resources are simply ‘out there,’ waiting to be gathered, processed, and consumed by humans.  So more humans (or the same number of humans consuming more) will deplete resources faster than will fewer humans (or the same number of humans consuming less).

So on this resources-are-very-tightly-limited supposition, as people decrease their material standard of living, the earth can sustain a larger population.

How do we know today at what average standard of living persons alive in 2050 will seek to achieve?  We don’t.  It’s conceivable that the typical person alive in 2050 will have become so devoted to saving the earth that the prevalent culture and norms will dictate that most persons settle for material living standards lower than those that ordinary Americans enjoy today — or, perhaps even lower than ordinary Americans enjoyed in 1950.  If so, then surely the “optimal” global population in the year 2050 will be lower than it would be if most persons alive in 2050 will seek to achieve living standards much higher than ordinary Americans now enjoy.

A much deeper problem with Sachs’s eight-billion number is that, in calculating it, there is no way to predict how human creativity will alter the world during the next 42 years.  It’s ludicrous to pretend that we can know now what, say, the average MPG will be for internal-combustion engines in 2050.  Hell, we don’t even know if automobiles and lawnmowers and the like will still use such engines then.

Will another Norman Borlaug arise, between now and 2050, to spark another green revolution?  Will someone invent a way to efficiently power automobiles with air?  Will someone develop new and better techniques for defining and enforcing private property rights in ocean-going fish stocks so that the tragedy of the commons called “over-fishing” is eliminated?  Will an enterprising entrepreneur invent a means for ordinary households to power their homes with mulch or autumn leaves or small fragments of fingernail clippings?

Think back 42 years to 1966.  Who in that year imagined personal computers in nearly every home in America?  The Internet?  Digital cameras?  Cell phones?  Quality wines sold in screw-top bottles?  Buying music with literally the click of a button (and not having to burn fossil fuels in driving to the record store).  Aluminum cans that contain only a fraction of the metal that cans contained back then?  The Kindle (that will reduce the number of trees cut down to enable people to read books)?  Medical advances that make hip-replacements about as routine as getting cavities filled by the dentist?  Microfiber?

There is no way — literally, no way — to know how technology and social institutions will change between now and 2050.  Given this impossibility — and given the fact that we can nevertheless predict with confidence that technology will advance and that social institutions will change — to assert that “optimal” population in the year 2050 will be eight-billion persons is ludicrous in the extreme.  It’s faux-science, and deserves only ridicule.

George Will in today’s Washington Post:

…Declines in housing values and the stock market are causing some Americans to delay retirement. A Kansas City man had been eager to retire to Arizona but now, the Journal says, “figures he’ll stay put for another couple of years.” He is 59.

So, this is a facet of today’s hydra-headed “crisis” — the man must linger in the labor force until, say, 62. That is the earliest age at which a person can, and most recipients do, begin collecting Social Security.

The proportion of people aged 55 to 64 who are working rose 1.5 percentage points from April 2007 to February 2008, during which the percentage of working Americans older than 65 rose two-tenths of one percentage point. The Journal grimly reported, “The prospect of millions of grandparents toiling away in their golden years doesn’t square with the American dream.”

Oh? The idea that protracted golden years of idleness are a universal right is a delusion of recent vintage. Deranged by the entitlement mentality fostered by a metastasizing welfare state, Americans now have such low pain thresholds that suffering is defined as a slight delay in beginning a subsidized retirement often lasting one-third of the retiree’s adult lifetime.

In 1935, when Congress enacted Social Security, protracted retirement was a luxury enjoyed by a tiny sliver of the population. Back then, Congress did its arithmetic ruthlessly: When it set the retirement age at 65, the life expectancy of an adult American male was 65. If in 1935 Congress had indexed the retirement age to life expectancy, today’s retirement age would be 75…

…So far during this “crisis,” the homeownership rate has declined just three-tenths of 1 percent since it peaked in 2004. At 67.8 percent, it remains higher than it was when President Bill Clinton left office.

Subprime mortgages are a small minority of mortgages, and only a minority of subprime borrowers are not making their payments. Casting this minority of a minority as victims of “predatory” lending fits the liberal narrative that most Americans are victims of this or that sinister elite or impersonal force and are not competent to cope with life’s complexities without government supervision.

The politics of this may, however, be more complex than the compassion chorus supposes. The 96 percent of mortgage borrowers who are fulfilling their commitments, often by scrimping, may be grumpy bystanders if many of the other 4 percent — those who found the phrase “variable rate” impenetrably mysterious — are eligible for ameliorations of their obligations…

Michelle Malkin has a link to some nice Obama gear:

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Wrapup of DTN’s own fascim-chic Obama iconography:

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Click for larger:

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Broad strokes, but generally good stuff.

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