Last month, Senator John McCain gave a speech delineating his judicial philosophy.  In that speech, the presidential hopeful addressed the evils of judicial activism, stating that "every federal court should be a refuge from abuses of power, and not the source." It's the best speech I'd ever heard him give.

Judicial activism is when courts go beyond mere interpretation of law, and instead create law, substituting their own political opinions for the elected legislature.  The most recent example of this abuse right here in California.

I agree with the Senator that judicial activism, in all its forms, must be curbed. Activism should not be exercised by judges enjoying a lifetime of tenure, but by an elected body who is vulnerable to eviction from office. Federal judges have been issuing rulings and opinions on policy questions that should be decided democratically. Because their tenure doesn't end until their pulse does, these judges show little regard for the authority of elected bodies, and consequently, for the will of the people.

True activists seek to make their case democratically by influencing voters that their cause is right. Dissimilarly, activist judges practice a different method, sparing themselves the hassle of the legislative process.

Senator McCain has made clear that the proper role of the judiciary is one of the defining issues of the 2008 presidential election.  He stated that the remedy available to restore order in our courts is to find, nominate, and confirm the right judges. Senator McCain has committed himself to select justices who have an established record of judicial restraint. As the most overlooked, yet arguably the most powerful branch of government, the courts must be run by those who are unwavering in their role as interpreter, not legislator. I am glad the Republican nominee sees this issue as a serious one, and is dedicated to nominating justices who will act with humility and self-control.

Our judicial system can be a fair tool for adjudication when those who are charged with its operation do so with integrity for the process of law. The system gives every citizen the ability to redress grievances and affirm rights. When judicial restraint is followed, our justice system lives up to its name, and provides real justice.