1. People are more protected by the court system, especially the Supreme Court than by elected branches of government like the President or Congress. This is because the court can look at laws and government actions to ensure they follow the Constitution. For example, the Supreme Court supported people’s right to equal treatment under the law in Brown v. Board of Education (1954), ruling that racial school segregation was unconstitutional. Although popular opinion can influence the decisions made by elected officials, the courts choose to uphold the Constitution and defend the rights of all people, regardless of their minority status.  The court system ensures that people’s rights are protected and serves as a check on the government’s authority.
  2. Federal judges, including Supreme Court justices, are selected rather than elected, which has been criticized as anti-democratic. However, it is acceptable with the republican ideals presented in Federalist Paper #10. James Madison believed that it is essential for a democratic society to restrict the negative consequences of division. By selecting judges, it is possible to choose them based on their skills and abilities rather than allegiance or popular opinion. This procedure guarantees a judicial system that follows minority rights and the Constitution. The selection of federal judges helps to strike an agreement between the requirement for judicial independence and democratic ideals, while the opinion of some that it is anti-democratic.

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