1. The Court System’s Role in Protecting Individuals
The federal court system often serves as a stronger protector of individual rights compared to the elected branches of government like Congress or the Presidency. This strength comes from the courts’ insulation from political pressures and public opinion, allowing judges and justices to make decisions based on law and constitutional principles, regardless of popularity. For instance, in the landmark case Roe v. Wade (1973), the Supreme Court recognized a woman’s right to choose an abortion as a protected right to privacy. This decision, made amidst strong and divided public opinion, highlighted the court’s ability to uphold fundamental rights without succumbing to electoral pressures, illustrating the judiciary’s crucial role in safeguarding individual liberties against majority influence.
2. The Supreme Court’s Place in a Democratic Society
The Supreme Court is often viewed as “anti-democratic” because its justices are appointed, not elected, and serve lifetime terms. This distance from electoral accountability might seem at odds with democratic principles, where leaders are directly chosen by the public. However, this design is deliberate and serves to protect the judiciary from the volatile nature of political trends and public opinion, as discussed in Federalist #10 by James Madison. He warned of the dangers of majority rule overriding minority rights. Thus, the judiciary’s role is to provide a stable, unbiased interpretation of the law, free from the pressures of popular demand. The appointment process—where the President nominates justices who are then confirmed by the Senate—ensures that those selected are both highly qualified and able to apply the law based on constitutional principles rather than political convenience. Though this may seem less democratic, it is a crucial component of the checks and balances system that maintains legal consistency and upholds the Constitution, protecting against any majority’s potential tyranny. Ultimately, the Supreme Court’s structure is vital for upholding the rule of law and safeguarding individual rights, central to democratic governance.
