Judicial constraints push nearly every American political question into court.

Evidence

Of course, like other courts, the Supreme Court operates within legal constraints. It can rule only on cases that fall within its jurisdiction. In addition, the justices cannot address an issue unless a litigant brings it before them. Thus, the pool of cases from which the justices select is outside their direct control. Despite these constraints, the Court does tend to address most of the important political issues of the day. As Alexis de Tocqueville observed more than 170 years ago, “There is hardly a political question in the United States which does not sooner or later turn into a judicial one.” — G. Alan Tarr, Judicial Process and Judicial…, 1476

Categorization

• XREF: Ties directly to the course theme that legal actors shape doctrine while institutions constrain them; Tocqueville’s line is a classic anchor for law-and-politics debates. — connects to: Political questions in America routinely become judicial ones — G. Alan Tarr, Judicial Process and Judicial…, 190; American courts have grown in their role governing the nation. — G. Alan Tarr, Judicial Process and Judicial…, 90; Judicial discretion is constrained by written opinions and the craft of judging. — G. Alan Tarr, Judicial Process and Judicial…, 1281
• DEFINE: Clarifies two structural limits on judicial power: jurisdiction and the case-or-controversy requirement (litigants must bring issues).

Broader Connections

• American courts have grown in their role governing the nation. #corroborates (1.00) — G. Alan Tarr, Judicial Process and Judicial…, 90
• Judicial discretion is constrained by written opinions and the craft of judging. #complicates (0.90) — G. Alan Tarr, Judicial Process and Judicial…, 1281