Institutions of American Democracy: The Judicial Branch

"From the nation's founding, courts have been at the core of America's unique form of constitutional democracy. They settle legal conflicts between private parties, protect the rights of citizens, and oversee the administration of ordinary law. Alexander Hamilton called the judiciary the 'least dangerous' branch of government, as it did not control 'either the sword or the purse'--it possessed 'neither FORCE nor WILL, but merely judgment.' This judgment, expressed through judicial review and judicial sovereignty, empowers the courts to evaluate the actions of the other branches and, ultimately, rule on their constitutionality. While democratic, the American system is not a pure democracy. Instead, it is a constitutional democracy based on two competing principles: a commitment to the will of the people and a simultaneous commitment to limit the potential excesses of popular will through resort to fundamental law. Under this scheme there are fixed rights guaranteed to each individual that cannot be undermined, even when they run counter to the will of the majority. Edited by Kermit L. Hall and Kevin T. McGuire, The Judicial Branch focuses on the judiciary as an institution of American constitutional democracy. Topics explored include the judicial branch in the founding of the nation; turning points in the history of the American judicial system; the separation of powers between the other branches of government; the recruitment and appointment of judges; and whether the American scheme of courts is the best way to support democracy. Also discussed are the hotly debated political issues surrounding the courts, such as abortion rights, the determination of the 2000 presidential election, judicial activism, and majoritarianism and the judiciary's role in promoting equality in a democratic society." -- Book jacket