271

As Alexis de Tocqueville, a French commentator on

American society in the 1800s, noted, “scarcely any political question arises in the United

States that is not resolved, sooner or later, into a judicial question.”^1 Our judiciary forms

part of our political process. The instant that judges interpret the law, they become actors

in the political arena—policymakers working within a political institution. The most

12

1. Alexis de Tocqueville, Democracy in America (New York: Harper & Row, 1966), p. 248.

Learning OutcOmes

The five Learning Outcomes (LOs) below are designed to help improve your

understanding of this chapter. After reading this chapter, you should be able to:

◾   LO1 Explain the main sources of American law,

including constitutions, statutes and regulations, and the

common law tradition.

◾   LO2 Describe the structure of the federal court system

and such basic judicial requirements as jurisdiction and

standing to sue.

◾   LO3 Discuss the procedures used by the United States

Supreme Court and the various types of opinions it hands down.

At the beginning of a

Boston murder trial,

the judge speaks with

the assistant district

attorney and the

defense attorney. Our

judicial system involves

judges and juries at the

local, state, and federal

levels. (Pat Greenhouse/

The Boston Globe via

Getty Images)

The Judiciary

◾   LO4 Evaluate the manner in which federal judges are

selected.

◾   LO5 Consider the ways in which the Supreme Court

makes policy, and explain the forces that limit the activism of

the courts.

Check your understanding of the material with the Test Yourself section at

the end of the chapter.

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