Summary

1. For several reasons, the court system is often seen as better suited to protect the individual than the elected branches of government. One key reason is the independence of the judiciary, which allows judges to make decisions based on the law rather than political considerations. This independence helps ensure that individuals receive fair treatment and that their rights are protected, even when those rights may be unpopular with the majority. For example, in the landmark case Brown v. Board of Education (1954), the Supreme Court ruled that racial segregation in public schools was unconstitutional. Although this decision was unpopular with many people then, the Court's independence allowed it to decide based on the principles of equal protection under the law.

2. I agree that the appointment of federal judges, including Supreme Court justices, is anti-democratic because the people do not elect them. Instead, they are appointed by the President and confirmed by the Senate. This means that federal judges are not directly accountable to the electorate in the same way that elected officials are. However, the appointment of federal judges serves a profound purpose in our system of government. As elucidated in Federalist #10, the Founders were deeply concerned about the perils of majority tyranny, where the rights of individuals could be trampled by the majority. By appointing judges to serve for life (subject to good behavior), the Founders sought to insulate the judiciary from the pressures of politics and ensure that judges could make decisions based on the law and the Constitution, rather than popular opinion. This vision of the Founders, aimed at preserving the integrity and independence of the judiciary, commands respect and admiration, invoking a sense of reverence in the audience. Additionally, the appointment process for federal judges plays a crucial role in ensuring that judges are selected based on their legal expertise and experience, rather than their ability to win elections. This meticulous vetting of candidates' qualifications helps to maintain the integrity and independence of the judiciary, which are vital for protecting the rights of individuals in our system of government. By emphasizing this, we can instill a sense of trust in the audience about the competence and credibility of our judiciary.