ABSTRACT

Although Alexander Hamilton describes the judiciary as the least dangerous branch in the separation of powers system in Federalist 78, today’s federal court system plays an increasingly prominent role in the policymaking process. This chapter examines the courts’ role in policymaking, and the interaction between the courts and Congress, focusing on judicial appointments and judicial review. The chapter also discusses the history of campaign finance reform, an ongoing battle between the Supreme Court and Congress. It concludes by briefly focusing on topics related to Congress and the courts in need of further research.