- In what ways is the court system better suited to protect the individual, than are the elected branches of government (such as Congress and the President; or the Mayor of NYC and the NYC City Assembly)? Give an example to illustrate your argument.
The court system is better suited to protect the individual through fair hearings, interpreting laws, and providing mechanisms to challenge infringement, whether it is a criminal or civil matter. They protect individuals of all minorities and protect the rights of people who can’t protect themselves.
2. Think about how federal judges get to become judges – unlike Presidents, Mayors and members of Congress (and other legislatures), they are not elected, but rather appointed. Many Americans have thus called the federal courts system, and especially the Supreme Court, anti-democratic PLACES IN OUR GOVERNMENT. Do you agree that the Supreme Court, for example, is an anti-democratic part of our government? What could be the reason for this way of choosing judges in federal courts? (HINT: think about our discussion of “Federalist #10”, and which social class plays a leading role in our government system.)
I don’t believe the Supreme Court is anti-democratic, however, I do believe some of the judges are, such as Chief Justice John Roberts, who has a record for being consistently anti-democratic when deciding cases that affect American democracy.
The reason for the way judges are chosen in federal courts is so that the upper class has the judges on their side. The fact that they are nominated by the president and not voted for says that they were chosen specifically to be on the side of the person who is nominating them.
