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John McCain on Civil Liberties Issues

His Platform for the 2008 Presidential Election

By Tom Head, About.com

There are two schools of thought about John McCain. One holds that he's a maverick senator and a substantial improvement over Bush. The other holds that he's a standards-bearer who will govern as a conservative.

Both schools of thought are basically correct.

McCain is a conservative maverick. The fact that he's a maverick does not make him a centrist, and the fact that he's a conservative does not put him in lockstep with the rest of his party. He's a fresh candidate. The last time the Republican Party nominated a candidate who was similarly described as unorthodox and a threat to party unity, it was Ronald Reagan.

John McCain on Abortion and Reproductive Rights

McCain describes himself as pro-life. While he has expressed some doubts about his position over the years, his voting record on abortion rights and reproductive rights issues in general over the past 24 years has been consistent with the platform of conservative anti-abortion and pro-abstinence groups.

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John McCain on Civil Rights and Affirmative Action

Like most candidates of the modern era, John McCain supports the Civil Rights Act of 1964, the Voting Rights Act, and other legislation associated with the civil rights movement. He also supports limited affirmative action, though he opposes what he describes as "quotas." His position on civil rights issues is unremarkable for a Republican nominee; it is consistent with the positions of George W. Bush, Bob Dole, George H.W. Bush, and the tenor of Ronald Reagan's second term.

More About Civil Rights and Affirmative Action:

John McCain on the Death Penalty and Other Criminal Justice Issues

John McCain supports use of the death penalty (at both the state and federal level), supports mandatory minimum federal sentences for drug sales, and opposes legalization of medical marijuana. He supports the prosecution of violent juvenile offenders as adults, as well as the expansion of federal prison to accommodate a larger number of inmates. He opposes federal hate crime laws, arguing that hate crimes are best addressed at the state level except when they otherwise fall under federal jurisdiction.

John McCain on the First Amendment

McCain has been criticized by both liberals and conservatives for his positions on free speech issues. Liberals criticize his support of a constitutional amendment banning flag desecration; conservatives criticize him for the 2002 McCain-Feingold campaign finance reform law, which would have restricted some forms of political speech.

On church-state issues, McCain trends conservative. Among other things, he supports the display and teaching of the Ten Commandments in public school classrooms.

John McCain on Gun Control and the Second Amendment

Although McCain currently holds a C rating from the NRA, his voting record on Second Amendment issues has been relatively strong; some speculate that his low rating may have something to do with his support for campaign finance reform laws, which has had an impact on gun rights advocacy groups. McCain has consistently opposed a federal ban on "assault weapons," but irritated many gun rights groups when he supported a bill increasing federal regulation of gun shows.

John McCain on Immigration and Immigrants' Rights

McCain is a centrist on immigration, the issue that has earned him the enmity of angry nationalists who make up a small but extremely vocal chunk of the Republican Party base. He supports increased border security, but he also believes that the deportation of 12 million undocumented immigrants is inhumane; he has supported, instead, legislation that would have allowed undocumented immigrants to transition into legal citizenship by registering with the government and following a series of steps. McCain has also opposed "English-only" laws that would have made it illegal for the government to print instructions and other material in languages other than English.

John McCain on Lesbian and Gay Rights

McCain opposes same-sex marriage, but believes that states have the right to legalize same-sex marriage and/or civil unions if they so choose; consequently, he opposes a proposed constitutional amendment banning same-sex marriage. This is the compromise position held by nearly all of the 2008 Democratic presidential candidates, but is a more gay-friendly view than that held by most Republican candidates, who tend to support the amendment.

On other gay rights issues, McCain tends to be conservative. He supports "don't ask, don't tell," and voted against the Employment Non-Discrimination Act (ENDA).

John McCain on the Supreme Court

McCain has vowed to appoint "strict constructionists" who oppose "judicial activism." He has stated skepticism regarding the right to privacy that undergirds Roe v. Wade (legalizing abortion), a rationale that also legalized birth control (Griswold v. Connecticut) and ended sodomy laws (Lawrence v. Texas). In 1987, he voted for the controversial and ultimately unsuccessful Reagan Supreme Curt appointee Robert Bork.

John McCain on Torture and Other Post-9/11 Civil Liberties Issues

McCain has been a consistent critic of the Bush administration's torture policies, feeling that the U.S. government should never practice or condone torture of any kind. This is a view that runs counter to nearly all of his opponents in the Republican presidential primary, most of whom enthusiastically support government use of torture. McCain has also argued that the detainees at Guantanamo Bay should be brought to trial rather than held indefinitely. On the other hand, he has not stated any particular objection to the Bush administration's controversial warrantless surveillance program.

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