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Poll: Obama Supporters Don’t Want Constitution Used in Supreme Court

By Stony Olsen

This is a rather shocking result. It’s rare that the Supreme Court is a question of polling, but with recent political rhetoric along
the lines of ‘’Bush has destroyed the Constitution’’ and ‘’we are all living in a fascist state,’’ it occurred to polling company
Rasmussen to poll Americans on their current attitudes about the Supreme Court — and break the results down politically.

09/10/08 Constitution, while only 29% — less than one third — of Obama
supporters agree. Conversely, 11% of McCain supporters say
32% of likely voters say the Supreme that the Supremes should rule based on a sense of fairness,
Court is doing a great job, while 20% whereas almost half (49%) of Obama supporters think that the
say the justices are doing poorly. Supremes should just rule based on their own sense of fairness.

During the Republican Convention, John This of course is rather astonishing. With strident calls about
McCain stated that ‘’We believe in a how Republicans have allegedly ‘’destroyed the Constitution’’
strong defense, work, faith, service, a culture of life, personal being made by usually left-leaning people, who presumably
responsibility, the rule of law, and judges who dispense justice would vote for Obama, it is surprising that less than a third
impartially and don’t legislate from the bench.’’ of said Obama supporters seem to care about using the
Constitution in the first place.
60% of Americans, according to Rasmussen, agree and say
that the Supreme Court should make decisions based on what Possible explanations have been offered. The most prevalent is
is written in the Constitution. 30% disagree and say that that societies such as the Federalist Society have successfully
rulings should be based on the judges’ sense of fairness and turned ‘’supporting the Constitution’’ into a catch phrase for
justice. conservative policies. If this is true, it will be a problem for
left-leaning politicians in the future, if not already.
The question asked was this: Should the Supreme Court make
decisions based on what’s written in the Constitution and In any case, lots of people seem to be confused on the role of
legal precedents, or should it be guided mostly by a sense of the Supreme Court and the concept of applying the law and
fairness and justice? judicial review.

Broken down politically, Rasmussen found that 82% of And perhaps, there just might be some ads in the near future
McCain supporters want the justices to rule on what is in the about Obama supporters not wanting the Constitution.

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