I believe the court system is better at protecting individual rights than elected officials like Congress or the President because the courts are independent and not swayed by politics or public opinion. Judges serve for life, so they do not have to worry abou getting re-elected, which allows them to focus on applying the law fairly and impartially. The courts also have the power of judicial review, meaning they can overturn laws or actions that violate the Constitution or peoples rights, even if those laws are passed by elected officials. This independence is crucial for protecting individual rights from being ignored for political reasons. For example, courts can protect minority groups who might not have enough political power to secure fair treatment from elected officials. A well-known example of the court system protecting individual rights is Brown V. Board of Education. When the Supreme Court ruled that racial segregation in public schools was unconstitutional. At the time, many elected officials in Southern states supported segregation, but the court stepped in to protect the rights of African American children, even though the decision was unpopular with many people. This shows how the court system can act as as safeguard against laws or actions that harm people’s rights, even when they are supported by elected leaders. In conclusion, I think the court system is better equipped to protect individual rights than the elected branches of government because it operates independently and can block laws that infringe on constitutional rights. The courts serve as an important check on the power of elected officials, ensuring that individual rights upheld even when political pressures might push for unjust policies.
I don’t necessarily agree that the Supreme Court is an anti-democratic part of our government, but I understand why some people might view in that way. The fact that federal judges, including the Supreme Court justices, are appointed rather than elected means they are not directly accountable to the voters, which is a hallmark of democratic systems. This lack of electoral control contrasts with elected officials like the President or Congress members, who must respond to voter preferences. However, the reason for appointing judges rather than electing them is to protect the independence of the judiciary. If judges were elected, they might be influenced by public opinion or political pressures, which could undermine their ability to rule impartially based on the law, especially in cases involving constitutional rights. This system is similar to what Madison argued in Federalist #10, where he warned about the dangers of factions and how a republic with an independent judiciary can help control the harmful effects of majoritarian rule. The appointment process ensures that judges are chosen for their merit and experience, not their popularity or ability to campaign. While this may seem undemocratic, it helps maintain a judiciary that can make long term, stable decisions without being swayed by electoral politics. Additionally, since Presidents, who are elected by the people, appoint judges and Senators confirm them, the system still has democratic legitimacy. Ultimately, I believe the appointment system balances democracy with the need for an impartial judiciary that can protect individual rights and uphold the Constitution, even when the pubic opinion or political factions might oppose it. This process helps ensure that the courts remain a safeguard for rights and justice, free from the immediate pressures of the democratic process.