A rather vapid question asked by Goldberg (who was trying to make a point about originalist judges) during McCain’s appearance on The View.

A stupid question because we all know the Constitution has been changed since it was originally written.  But we also know that such changes were intended by the founders.  That’s why they gave us, the people, the mechanisms to change the document.

Goldberg is suggesting with her question that people who interpret the Constitution as it is written would for some reason ignore the amendments that have done things like abolish slavery and give women the right to vote.  That’s not true.  The sort of judges McCain wants to appoint (or at least asserts that he wants to appoint) are people who rule based on what is actually in the Constitution.

The abolition of slavery.  Women’s suffrage.  Prohibition and its repeal.  All of these things were done by amending the Constitution.  Abortion, on the other hand, was established as a “right” not through an amendment to the Constitution but rather through a ruling by a bunch of judges.

That’s the problem.  Judges who don’t rule based on what’s actually in the Constitution sidestep the democratic process.  Which is exactly what McCain should have said to Goldberg instead of just saying that he understood her point.

Her point was stupid and vapid and based on a rather naive grasp of Constitutional issues.