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; pr the Mayor of NYC and the NYC City Assembly)? Given an example to illustrate your argument.

The Supreme Court does not have opinions or influences from the public. As the Supreme Court are elected through vacancy on the Courts and the senate vote to confirm the individual. Executive and legislative branches play a big role in composition of the Supreme Court. A good example to showcase would be Brown v. Board of Education. With the case of Brown v. Board of Education, the outcome was the Supreme Court ruled that separating children in public schools on the basis of race was unconstitutional.

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 do not believe that the Supreme Court is an anti democratic part of our government. I believe the reason as to why this is the way of choosing judges in federal courts is to ensure a independent judiciary and to protect judges from partisan pressures. I feel as we the public do often give a lot of option as to what outcomes do come from the courts, this is to ensure a non clouded judgement from political pressure when deciding cases.

1. 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.

This is why the bill of rights and the constitution were made. The court system follows due process where we have a chance to protect ourselves against government, society. The bill of rights are there to protect us in mostly everything illegal not giving the government complete control over our lives and following what is just and fair .

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.)

yes I agree.I believe we should also have a vote in who our judges are as well just as how we are able to vote for the president etc.. Judges have way too much power for decision making in a persons life.A position like that very delicate and the right people have to be in place for matters like of that sort.This is why three branches were made so one branch wouldn’t more superior than the other but come together and to make it as fair as it can be for the people.

1. Court systems are better suited to handle individual rights being that the State Courts handle disputes and conflicts for the people at state level such as, Criminal Activity, Rape, Murder, and violation of in-state laws. The federal courts also seek justice for the people due to the fact they deal with rights for people outside of state-level. The Federal Courts deal with conflicts between each state, which also take part in individual rights. They also take part in ethnical rights (Native American), patents, and copy rights. Elected branches aren’t suitable to protect individual rights because they respond mostly to political pressure, they make decision without worry because they are appointed for life. They focus on constitutional rights despite public opinion. An example would be Miranda vs. Board of education for the courts aspect of this paragraph.
2. The supreme court can be deemed to be anti-democratic and I agree. They disallow popular opinions from people, while allowing the government to focus on translating the laws, this is seen to be anti democratic since the people don’t have a say or a vote for who is able to be a judge. The judges are chosen this way to prevent “Tyranny of the Majority”, in other words to not discriminate against minority groups, or the social pressure of ones who have yet to get a clear opinion. Their goal is to get, appoint judges who are educated and experienced to make decisions based on the constitution for the protection of rights.

1. It is better suited to protect individual rights, rather than the elected branches, because it is truly independent, truly impartial, and insulated from popular politics. Whereas Elected officials must always be concerned with voters and political interests, judges can focus on what the Constitution and the law require. Courts offer an added protection to the rights of minorities, too, against the popular will. A sterling example of this is the case of Brown v. Board of Education, 1954, whereby the U.S. Supreme Court nullified racial segregation in public schools against strong political resistance from the states and localities. This case vividly demonstrates how courts can protect individuals from government actions that violate constitutional rights when elected officials might be unwilling or unable to take action due to political pressures.
2. In fact, a procedure of appointment, rather than election, was devised for federal judges as a check against the possible undue influences of factionalism and special interest groups on the courts. Appointed judges are expected to be knowledgeable of the law, experienced in its practice, and to view their appointments as long term opportunities to shape the meaning of laws and constitutional principles, independent of the whims of an electorate that may change its mind from one election to another. It is also fair to conclude that although the Supreme Court should not necessarily be held accountable through elections to the public, it is nonetheless in fact a part of democracy. The Insulation of the judiciary from political pressures is, through the intellectually sound creation of the framers via the Constitution, one sure fire way of protecting individual rights and upholding the rule of law, both constituent components of democracy. The courts achieve a balance in powers so that no one group-a majority or powerful fractions-infringes on constitutional rights, while meting out justice in a fair and equitable manner.

The courtroom docket gadget is more potent at shielding personal rights than elected branches of the presidency because courts are unbiased and no longer inspired by political pressures or famous demands. An instance is the Brown v. Board of Education case, wherein the Supreme Court dominated racial segregation in public faculties regardless of competition from elected officials. The Supreme Court’s independence allows it to prioritize personal rights over most hobbies or influential groups.

The Supreme Court is considered “anti-democratic” because justices are appointed, now no longer elected, and serve for life. Critics argue this loss of direct responsibility to the electorate needs to be revised. Still, the framers of the Constitution designed the judiciary in this manner to shield a person’s rights and save the tyranny of the bulk. The judiciary’s independence from political pressures guarantees selections are primarily based totally on regulation and the Constitution in preference to public opinion or political expediency.

While appointing judges may also appear undemocratic, it was meant to save you selections inspired by means of political recognition or partisanship. The loss of direct responsibility to the electorate additionally examines the electricity of the legislature and government branches, keeping the stability of electricity. In conclusion, the courtroom docket gadget’s potential to perform independently and shield against the tyranny of the bulk aligns with the framers’ imagination and prescient of a gadget that safeguards personal liberties and forestalls excesses of famous democracy.

COURT SYSTEM

1. To answer the first question, the way that the court system is structured is with the main purpose of being able to protect an individual’s rights. They conduct these protections in a much more efficient and effective way when even compared to the different branches of government. In contrast to congress, the president, or the rest of the elected branches of government, the court system is able to function by covering for public opinion. Because of this specific focus that the courts have, it is able to allow judges to have their undivided focus with the constitutional merits that reside in each case without worrying about the consequences of their decisions. The court system has the jurisdiction to reexamine laws and/or actions as a way to make sure they don’t violate individual rights. An example of this is how the supreme court approaches voting rights, and through that, is able to take stances that could be challenging politically for officials that were elected to support. 

2. With federal judges in comparison to the president, mayors, and members of congress are appointed rather than elected into the position. With these rules in mind, people have perceived the court system as being “anti-democratic” due to the lack of an actual election for those in those positions like a president. Although there is a reasoning behind these positions being appointed in this system and the reasoning behind that is from the lifetime of their terms in comparison to the previous positions of power. These federal judges are appointed serving lifetime terms so it allows for decisions that aren’t influenced by public opinion and making choices that correlate to what they think is the right decision under the constitution. Within this system, it guarantees even unfavorable viewpoints a fair perspective which helps to support balance in relation to justice. Although it may appear not as democratic, having these judges appointed helps to avoid choices being made from recent public opinion and make proper decisions for the future.

1. The court system is better suited to protect the individual than are the elected branches of government because they don’t have to please many people, they’re only protecting the individual. They are making decisions based on the case not by people’s opinions. An example is the supreme court justices are not influenced by the public.
2.  I agree they are because the judges are elected by people and sometimes they make decisions that go against the majority of people’s opinions. I believe they choose judges this way so they don’t have to face judgment against the public. 

1. The judiciary often displays a far better knack for the protection of individual rights compared to the elected branches of government, for a few fundamental reasons. Generally, however, judges are duty bound to be impartial, basing decisions on legal statutes and constitutional law but not yielding to political pressure or public sentiment. It is this apoliticalism that means they can actively defend individual rights in situations where such defense is invidious or politically fraught. Second, the courts have the ability of judicial review, the power to strike down legislative and executive actions that violate constitutional rights. This function is a vital buffer against the powers of the legislature and the executive. Finally, reliance on established legal precedent fosters consistency and stability in the protection of individual rights, thus guaranteeing that similar cases will be adjudicated consistently over time. Perhaps the prime example of the judiciary’s contribution to the protection of individual rights is the one featured in the landmark decision of Brown v. Board of Education (1954). The Supreme Court’s ruling, which effectively stated that state laws mandating the segregation of public schools for African American and Caucasian students were unconstitutional, was a key turning point in the battle against racial segregation, despite massive opposition from many elected officials and segments of society.

2. Federal judges, even Supreme Court justices, are appointed, not elected, and this has led to discussions of the democratic validity of the judicial system. A view, for example, is that the absence of direct responsibility makes the federal courts, particularly the Supreme Court, intrinsically undemocratic. Because federal judges are appointed and not elected, they lack public accountability, a feature that is arguably undemocratic because the public has no say in their appointment or removal. Furthermore, the lifetime tenure given to federal judges allows them to make decisions that could shape the nation for very long periods without the need for frequent electoral checkups. The procedure for the appointment of federal judges is exactly so structured as to isolate the judiciary from any undue political pressure and partisan quarrels, in order that the judges could at times base their decisions not only on the logic of precedent and litigation, but on the factual, legal and constitutional law framework of the nation.