Second, I am greatly concerned about an Obama/Biden presidency because of their judicial philosophy. The next president will appoint many federal judges, no doubt including one or more members of the Supreme Court. With a Democratic majority in the Senate he is certain to make his appointments without serious opposition. The Constitution requires that Federal Judges be appointed by the President “by and with the Advice and Consent of the Senate" (Article III of the Constitution). Throughout our great nation’s history the Senate has limited its role in the appointment of judges to examining the nominee’s moral and judicial qualifications (education and experience) without consideration for his or her judicial philosophy. In 1987 Joe Biden helped lead the Senate in blocking the appointment of Robert Bork to the Supreme Court not on the grounds of qualifications but on the grounds of his judicial philosophy.
Bork was a legal scholar, constitutional expert, and distinguished member of the Federal Court of Appeals. His objectionable trait, he was a strict originalist, believing judges should limit their decisions to the original intent of the framers of the Constitution. What a novel idea, judges should limit their opinions to the clear intent of the writers of the governing document of our country and not create laws by judicial fiat (i.e., legislate from the bench). Think about it; our president and other military and political leaders swear to defend the constitution. Under the liberal judicial philosophy of Obama and Biden, what they are actually swearing to defend is not a historical set of commitments but rather the fluxuating opinions of the majority of the members of the Supreme Court about how to best apply flexible precepts contained in the Constitution. For them the Constitution is a “living document” requiring jurists to insert their beliefs of how it should be applied in the place of the values clearly expressed in the document.
This liberal judicial philosophy is currently best seen in the state courts where the supreme courts of three states have used the same argumentation to legislate that homosexuals have the right to get married. This “progressive step” violates the values of the Western world going back to ancient Greece and Rome, not to mention Judaism. The Greeks were especially open to homosexual relationships, but understood the survival of their society required the preservation of marriage as heterosexual in fundamental nature. These liberal judges have used their distorted view of progress to undo three millennia of western social standards. The founders of this country certainly never envisioned their work being perverted to promote this redefinition of marriage. [I am not a homophobe. I am incensed by persecution of homosexuals; I oppose prosecutions based on private sexual behavior among consenting adults. However, I am deeply concerned about the disintegration of the family. I am also deeply concerned about the impact of the normalization of homosexual behavior on the development of our youth.] I am horrified at the prospects of a few liberal jurists setting the moral standards for our country.
Mark my predictions; if Barack Obama is elected President and he gets a chance to appoint a member(s) of the Supreme Court, he will appoint an activist judge(s) who will swing the court further away from traditional values and toward radical, liberal social transformation. The liberal courts will move to alter the fundamental patterns of our lives with rulings on ethical issues such as euthanasia. One issue that will be at the forefront will be the so-called homosexual agenda. There will be a case brought before the courts to make it a hate crime to preach what the Bible says about homosexuality. This agenda will further aim at the complete marginalization of Christianity and the extrication of Christian symbols from all public property and venues. The trajectory will be set for churches to lose their tax exempt status and thereafter to have to pay taxes on their receipts; the power to tax is the power to control. If Barack Obama is elected, the federal judicial system will become an active force for social change. I believe the founders of the USA were correct in creating a system that prefers change to arise from the grass roots and be legislated only when necessary and then only by elected legislators who answer to the citizens who elected them.