Overview

This chapter describes the federal judiciary and the work of its judges and justices. Like the executive and legislative branches, the judiciary is an independent branch of the U.S. government, but, unlike the two other branches, its top officials are not elected by the people. The judiciary is not a democratic institution, and its role is different from and, in some areas, more controversial than those of the executive and legislative branches. Main points made in this chapter are the following:

• The federal judiciary includes the Supreme Court of the United States, which functions mainly as an appellate court; courts of appeal, which hear appeals; and district courts, which hold trials. States have court systems of their own, which for the most part are independent of federal court supervision.
• Judicial decisions are constrained by applicable constitutional law, statutory law and precedent. Nevertheless, political factors have a major influence on judicial appointments and decisions; judges are political officials as well as legal ones.
• The judiciary has become an increasingly powerful policymaking body in recent decades, which has raised questions regarding the judiciary's proper role in a democracy.