Political questions in America routinely become judicial ones

Evidence

Courts in the United States often must resolve disputes involving contentious public issues. Indeed, one of the most perceptive observers of American politics, Alexis de Tocqueville, suggested that “there is hardly a political question in the United States which does not sooner or later turn into a judicial one.” This transformation of political issues into legal disputes furnishes judges with the opportunity to influence the course of public policy. And judges have sometimes been more than willing to seize the opportunities presented to them. — G. Alan Tarr, Judicial Process and Judicial…, 190

Of course, like other courts, the Supreme Court operates within legal constraints. It can only rule 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 have the opportunity, as a matter of course, to address most of the important political issues of the day. As Alexis de Tocqueville observed 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…, 898

Categorization

• XREF: Tocqueville’s famous observation is foundational for judicial-policymaking scholarship and worth flagging for the course’s institutional-structure material. — connects to: Judicial constraints push nearly every American political question into court. — G. Alan Tarr, Judicial Process and Judicial…, 1476; Federal preemption questions routinely end up decided by narrow Supreme Court majorities — G. Alan Tarr, Judicial Process and Judicial…, 2783; American courts have grown in their role governing the nation. — G. Alan Tarr, Judicial Process and Judicial…, 90
• DEFINE: Introduces Tocqueville’s classic claim that political questions become judicial ones - core framing for judicial policymaking.
• corroborated: 2 independent passages support this claim — G. Alan Tarr, Judicial Process and Judicial…, 190; G. Alan Tarr, Judicial Process and Judicial…, 898

Broader Connections

• Judicial constraints push nearly every American political question into court. #expands (0.90) — G. Alan Tarr, Judicial Process and Judicial…, 1476
• Federal preemption questions routinely end up decided by narrow Supreme Court majorities #exemplifies (0.85) — G. Alan Tarr, Judicial Process and Judicial…, 2783
• American courts have grown in their role governing the nation. #expands (0.78) — G. Alan Tarr, Judicial Process and Judicial…, 90