ABSTRACT

While executive and legislative branches are always indisputably political, the judicial branch of government is often viewed as quite separate and distinct from politics and also less notably powerful than the other branches. Executives have the power of the sword, the ability to use force to achieve their goals, while many legislatures have the power of the purse, the ability to choose how funds are allocated. Denied these two sources of power and removed from day-to-day politics, judiciaries are generally a distant third force in government. In the famous words of Alexander Hamilton, the judiciary is “the least dangerous branch” in terms of its ability to dominate a political system or tyrannize the people. Still, the Supreme Court is a major player in American politics, and in political systems throughout the world, courts are playing an increasingly autonomous and influential role.