ABSTRACT
It may seem strange to link the description of the structure and functions of the judicial system with the further elaboration of the working of American politics; but in fact no proper understanding of the political system can be attained without a clear realisation of the role of the judges, and in particular of the justices of the Supreme Court of the United States, in the way in which policies are made and implemented. Politics, in the broadest sense, has an impact at all levels of the American judicial system, and equally the courts play a vitally important part in the way in which the government of the country is carried on. This is not to suggest that judges are necessarily politically motivated, in a narrow partisan sense, in coming to decisions. A large section of the American judiciary, certainly most federal judges, are of an extremely high calibre, but they cannot escape the responsibility of making decisions which in most countries are usually taken by the legislature or by executive officials. Some of the most significant decisions in American political history have been taken not by President or Congress but by the Supreme Court, acting in its judicial capacity to settle disputes arising under the laws and Constitution of the United States. The extent of this power, the way in which it is exercised, the motivations and opinions of the men who exercise it and its results for the American polity are all factors that the political scientist must attempt to assess.
