With summer coming to a close and the fall season fast approaching, the outdoor climate is exhibiting noticeable changes. Unlike cooling temperatures, however, the political climate this season is heating things up. That’s right…Election 2008 is just around the corner! In case there are some out there, as unlikely as it is at this point, who have not heard the details, the Democrats have nominated Senator Barack Obama of Illinois, while Senator John McCain of Arizona is on the top of the Republican ticket. The candidates for vice president are Democratic Senator Joe Biden of Delaware and Republican Governor Sarah Palin of Alaska.

Despite the historic and unique elements of this election, the same ugly tactics that characterized previous elections have managed to emerge once again. Lies, half-truths, and over-exaggerations continue to be plastered onto television screens around the country. In some instances, members of the media often seem as though they should be in the land of Oz, chanting, “Race, and age, and unwed teenage mothers…oh my!” One issue that should be incredibly important to Americans everywhere is the current balance on the United States Supreme Court. Yet somehow, this issue has received very little attention from the candidates and mainstream media. It is not surprising, however, that it would be put on the back burner with other issues like the economy, the War in Iraq and lipstick on pigs.

Before addressing the current make up of the Court, it is important to identify what role it plays in our system and why politics has a bigger role in the process than most would like to admit. Going back to the ratification of the Constitution, it was established in Article III that, “The judicial Power of the United States, shall be vested in one supreme Court…” The Court in Marbury v. Madison established the authority of judicial review, allowing the Court to strike down those statutes, both state and federal, that a majority of the justices believe to be in conflict with the Constitution. Some important decisions emanating from the authority of judicial review include recognizing the reproductive rights of women, striking down early attempts to set a minimum wage, and establishing the frequently cited Miranda Warnings.
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