The cases that the United States Supreme Court hears are often controversial, ranging from gun-control laws to abortion, immigration to economic regulation, environmental protection to campaign finance.

It even decides between the different schemes of government that are within America. James Madison, the Father of the Constitution, wrote that because “controversies relating to the boundary between the two jurisdictions” of the state and federal government will naturally arise, there must be, “under the general government” a “tribunal which is ultimately to decide” between the two (Federalist 39).

The Supreme Court of Pakistan is facing a similar task. Instead of deciding between the powers of the state and the powers of the federal government, the Pakistani Supreme Court must mediate between the civilian government, headed by President Asif Ali Zardari, and the powerful military government.

The military government alleges that an ally of Zardari inked a secret memo, seeking U.S. help to curb the Army’s powers.

According to Newsweek Pakistan, “The scandal threatens to embroil Zardari and fan tensions between his weak government and the military‚ the chief arbiter of power in Pakistan‚ forcing aides to deny that controversy and illness could see him driven from office.”

While America’s judicial system is controversial and political, let’s be thankful that it has not, at least since the Civil War, attempted to prevent full scale war. Wrote Madison, “Some such tribunal is clearly essential to prevent an appeal to the sword and a dissolution of the compact” (Federalist 39).