There is a crisis in the federal judiciary because Democratic filibusters have blocked qualified judges like Janice Rogers Brown, Priscilla Owen and William Prior from the federal appellate courts. These judges are highly qualified and would follow an "Originalist" or strict interpretation of the U.S. Constitution.

Recently activist judges on the federal appeals court have interpreted the Constitution to mean that the phrase "Under God" in the Pledge of Allegiance was unconstitutional.

Philosophically similar justices have cited the laws of European countries in ruling on the constitutionality of the death penalty and same-sex marriage. Citing foreign precedent may seem progressive to these unelected judges, but at one time in history, European law allowed for genocide in Germany, an inquisition in Spain and state-sponsored pogroms and religious persecution in Russia.

Democrats in the Senate have refused to allow an up or down vote on these qualified judges. That is not only unfair but also unconstitutional. The Republicans are trying to use the "Constitutional option" to end filibusters on judicial appointments so they can get an up or down vote on approval. It would require the president of the Senate to rule the filibuster unconstitutional and a simple majority to change the rule.

Prospective 2008 Republican presidential candidate Sen. John McCain opposes this "Constitutional option" but offers no solutions, nor has he made any effort to end the filibusters and get an up or down vote on these highly qualified judges. It is time for Sen. McCain to step up and take the lead.

This is going to be a key issue in the 2008 presidential campaign. We are at a constitutional watershed where the power of unelected activist federal judges is ascendant. Republican voters across New Hampshire are being courted by various presidential candidates for their support, and John McCain's "bad judgment" on this issue may cost him one last opportunity to become president.

RICHARD J. FLORINO Jr.

Windham