Republican nominee for President; Senior Senator (AZ)
Judges have limited scope under the Constitution
Why has the appointment of judges become such a flashpoint of controversy in the past twenty years or so? They should be people who respect the limited scope afforded Federal judges under the Constitution. They should be people who understand that the
Founders� concern about the expansive tendency of power extended to judicial power as well as to executive or legislative power. They should be people who are humbled by their role in our system, not emboldened by it. Our freedom is curtailed no less by
an act of arbitrary judicial power as it is by an act of an arbitrary executive, or legislative, or state power. For that reason, a judge�s decisions must rest on more than his subjective conviction that he is right, or his eagerness to address a
perceived social ill.
Chief Justice William Rehnquist had a profound understanding of the balance inherent in Federalism, between the states and the Federal governments, as well as between the three Federal branches--and he left us a strong legacy.
Source: Speech to The Federalist Society
, Nov 16, 2006
More death penalty; stricter sentencing
McCain supports the following principles regarding crime:
Broaden use of the death penalty
Impose stricter penalties for violent felons
Increase spending to build more federal prisons
Impose �truth in sentencing� for violent criminals so
they serve full sentences
Support programs to provide prison inmates with vocational and job-related skills and job-placement assistance when released.
Support programs to provide prison inmates with drug and alcohol addiction treatment.
Source: 2000 National Political Awareness Test
, Jan 13, 2000
More community policing; enough hate crime laws
McCain agrees that funding should be increased for community policing programs. He says �increases should be implemented with state and local government commitments.� With regards to �hate crimes,� he says, �All but 13 states have hate crimes statutes.
Federalizing all such crimes will simply obstruct justice by forcing them into clogged federal courts.�
Source: 2000 National Political Awareness Test
, Jan 13, 2000
Prosecute youths as adults, but separately; explore sources
McCain supports the following principles regarding juvenile crime:
Increase penalties for crimes committed on school grounds.
Prosecute as adults, youths accused of a felony.
Increase funding for local Boys & Girls Clubs and other
independent organizations in communities with at-risk youth.
Provide block grants to states for implementation of programs to combat juvenile crime.
Impose harsher penalties for youths convicted of violent offenses.
McCain points out that
he �helped create the youth violence commission to develop remedies to youth violence.�
Support the use of �boot camps� as alternative sentencing for juvenile offenders.
Support programs that provide job training and placement services for
at-risk youth.
McCain says, �Juvenile offenders should be kept separate from adult offenders and receive the appropriate remedial and rehabilitation services.�
McCain urged holding hearings to determine whether the FBI is able to appropriately and effectively deter, investigate, and prosecute crimes of violence against any American. �All Americans abhor violent attacks on our citizens, whatever the motivation.
Recent acts of violence against Americans of various racial, ethnic, and religious groups by members of hate groups are particularly abhorrent,� McCain said. �We must prosecute those who commit such acts, but also prevent their occurrence.�
Source: Press Release: �Hate Groups�
, Aug 13, 1999
1st Amend. not a shield for hate groups
As a result of Congressional mandates and court actions, the government [may be] unable to routinely monitor organizations that foment hate and violence. Certainly, protecting civil rights must remain sacrosanct. However, we must not allow the First
Amendment to be abused as a shield for those who advocate or conspire to commit acts of violence. Organizations who are legitimately suspected of criminal or violent activities should not be shielded from legitimate & vigorous investigation & monitoring.
Source: Letter to the Senate Judiciary Committee
, Aug 13, 1999
Pro-death penalty; more prisons; increased penalties
McCain supports the following principles to address crime:
Broaden use of the death penalty
Build more federal prisons
Impose �truth in sentencing� for violent criminals
Fund programs to provide prison inmates with vocational and
job-related skills
Expand funding for community policing programs
Increase penalties for the possession of any illegal firearms
Prosecute youths accused of a felony as adults
Source: 1998 National Political Awareness Test
, Jul 2, 1998
Voted YES on limiting death penalty appeals.
Vote to table, or kill, a motion to send the bill back to the joint House-Senate conference committee with instructions to delete the provisions in the bill that would make it harder for prisoners given the death penalty in state courts to appeal.
Reference:
Bill S.735
; vote number 1996-66
on Apr 17, 1996
Voted YES on limiting product liability punitive damage awards.
Approval of a limit on punitive damages in product liability cases.
Status: Conf Rpt Agreed to Y)59; N)40; NV)1
Reference: Conference Report on H.R. 956;
Bill H. R. 956
; vote number 1996-46
on Mar 21, 1996
Reference: H.R. 1058 passage over veto;
Bill H.R. 1058
; vote number 1995-612
on Dec 22, 1995
Voted YES on repealing federal speed limits.
Repeal federal speeding limits.
Status: Motion to Table Agreed to Y)64; N)36
Reference: Motion to table Lautenberg Amdt #1428;
Bill S. 440
; vote number 1995-270
on Jun 20, 1995
Voted YES on mandatory prison terms for crimes involving firearms.
Vote on the motion to instruct conferees on the bill to insist that the conference report include Mandatory prison terms for the use, possession, or carrying of a firearm or destructive device during a state crime of violence or drug trafficking
Reference:
Bill HR.3355
; vote number 1994-126
on May 19, 1994
Voted YES on rejecting racial statistics in death penalty appeals.
Vote to express that the Omnibus Crime bill [H.R. 3355] should reject the Racial Justice Act provisions, which would enable prisoners appealing death penalty sentences to argue racial discrimination using sentencing statistics as part of their appeal.
Reference:
Bill S 1935
; vote number 1994-106
on May 11, 1994
Rated 29% by CURE, indicating anti-rehabilitation crime votes.
McCain scores 29% by CURE on rehabilitation issues
CURE (Citizens United for Rehabilitation of Errants) is a membership organization of families of prisoners, prisoners, former prisoners and other concerned citizens. CURE's two goals are
to use prisons only for those who have to be in them; and
for those who have to be in them, to provide them all the rehabilitative opportunities they need to turn their lives around.
The ratings indicate the legislator�s percentage score on CURE�s preferred votes.
McCain signed death penalty for killing police officers
Congressional Summary: Makes the killing or attempted killing of a law enforcement officer, firefighter, or other first responder an aggravating factor in death penalty determinations [when] the defendant killed or attempted to kill a person who is authorized by law:
to engage in or supervise the prevention, detention, investigation, or prosecution, or the incarceration of any person for any criminal violation of law;
to apprehend, arrest, or prosecute an individual for any criminal violation of law; or
to be a firefighter or other first responder.
And that the person was killed--
while he or she was engaged in the performance of his or her official duties;
because of the performance of his or her official duties; or
because of his or her status as a public official or employee.
Opposing argument: [Sen. Bernie Sanders, Oct. 13, 2015]: "Black lives matter. The African American community knows that on any given day some
innocent person like Sandra Bland can get into a car, and three days later she's dead in jail. We need to combat institutional racism from top to bottom, and we need major reforms in a broken criminal justice system. I intend to make sure people have education and jobs rather than jail cells."
Opposing argument: [ACLU of Louisiana, July 7, 2015]: Louisiana Gov. John Bel Edwards signed a bill into law that makes targeting a police officer a hate crime. Passage of such bills is a top priority for a national organization called Blue Lives Matter, which was formed in response to the Black Lives Matter movement. [A video captured] "police killing a black man who was minding his own business," says the director of ACLU-LA. But it was the civil rights of police officers that Edwards was concerned about, as if theirs were being routinely violated: "I'm not aware of any evidence that police officers have been victimized that would justify giving them special protection."
Source: Thin Blue Line Act 16-S2034 on Feb 9, 2015
Rated 45% by the NAPO, indicating a police-the-police stance.
McCain scores 45% by the NAPO on crime & police issues
Ratings by the National Association of Police Organizations indicate support or opposition to issues of importance to police and crime. The organization's self-description: "The National Association of Police Organizations (NAPO) is a coalition of police units and associations from across the United States. NAPO was organized for the purpose of advancing the interests of America's law enforcement officers through legislative advocacy, political action, and education.
"Increasingly, the rights and interests of law enforcement officers have been the subject of legislative, executive, and judicial action in the nation�s capital. NAPO works to influence the course of national affairs where law enforcement interests are concerned. The following list includes examples of NAPO�s accomplishments:
Enactment of the Fair Sentencing Act
Enactment of the National AMBER Alert Act
Enactment of the Violent Crime Control and Law Enforcement Act
Enactment of the Adam Walsh Child Protection and Safety Act
Enactment of the Law Enforcement Officers' Safety Act (Right to Carry Legislation)
VoteMatch scoring for the NAPO ratings is as follows:
0%-50%: soft on crime and police issues;
50%-75%: mixed record on crime and police issues;
75%-100%: tough on crime and police issues.
Source: NAPO ratings on Congress and politicians 2014_NAPO on Dec 31, 2014
Establish an FBI registry of sexual offendors.
McCain co-sponsored the Sexual Offender Tracking and Identification Act
Establish a national database at the FBI to track each person who has been convicted of a criminal offense against a minor or a sexually violent offense; or is a sexually violent predator.
Requires each such person who resides in a State that has not established a minimally sufficient sexual offender registration program to register a current address, fingerprints, and a current photograph with the FBI for inclusion in such database, except during ensuing periods of incarceration
This requirement extends until ten years after the date on which the person was released from prison or placed on parole or probation; or for the life of the person if that person has two or more convictions for any such offense, has been convicted of aggravated sexual abuse, or has been determined to be a sexually violent predator.
Corresponding House bill is H.R.3456. Became Public Law No: 104-236.
Source: Bill sponsored by 15 Senators and 3 Reps 96-S1675 on Apr 16, 1996