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McCain: Judges shouldn't legislate

Democratic presidential candidate Senator Barack Obama (D-IL) (R), Republican presidential candidate Sen. John McCain (R-AZ) (C) and his wife Cindy McCain pause for a moment of silence at the site of the former twin towers, on the seventh anniversary of the attack on the World Trade Center, in New York September 11, 2008. (UPI Photo/Peter Foley/POOL)
Democratic presidential candidate Senator Barack Obama (D-IL) (R), Republican presidential candidate Sen. John McCain (R-AZ) (C) and his wife Cindy McCain pause for a moment of silence at the site of the former twin towers, on the seventh anniversary of the attack on the World Trade Center, in New York September 11, 2008. (UPI Photo/Peter Foley/POOL) | License Photo

NEW YORK, Sept. 12 (UPI) -- Republican Party presidential candidate John McCain said Friday he would nominate judges who would strictly interpret the U.S. Constitution.

"What what we'd (a McCain administration) be doing is nominating justices who strictly interpret the constitution," McCain said during an appearance on the ABC daytime talk show "The View." "We would not impose litmus test."

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The U.S. Supreme Court should interpret the Constitution, not legislate or invent new law, he said when responding to a question about his views on Roe vs. Wade, the landmark abortion rights case.

"I have committed myself to a pro-life position because I happen to believe that life begins at conception," he said. "(But) I respect other people's views."

His wife, Cindy, also appearing on "The View," said she and GOP vice presidential candidate Sarah Palin disagree on whether there should be exceptions to an abortion ban. Palin has said she doesn't believe abortions should be permitted in the case of rape or incest or to save the mother's life.

"We disagree on that issue -- there are exceptions," Cindy McCain said. "The most wonderful thing about a McCain administration is that he will include all people. People don't have to agree on every issue."

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