Two observations on the uniqueness of the American judiciary are often made but not often juxtaposed. First, it is generally elective or is attainable only with the approval of elected officials. Second, compared to the judiciary of any other modern polity, the American judiciary may exercise extraordinary influence over the course and resolution of public issues, largely through the power of judicial review.' This article is a preliminary report of a study that considers the implications of each observation for the other. It has particular reference to the role and politics of one state's supreme court, that of Wisconsin. But the themes it raises also bear upon the wider issues-many of them old, others rather new-posed by the nature of judicial power in American democracy.
