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.
In theory members of the court are supposed to be neutral. They are suited better to protect the individual because the court system is the one that interprets laws. Also, as opposed to the Congress, President and other Political representatives, members of the court are not allowed in theory to use their political interests when deciding on a case. Indeed, lecture 13.4 states how the members of the Supreme court are influenced but don’t exactly rule according to their political opinions: “. . . none of the justices works completely in an ideological bubble. While their numerous opinions have revealed certain ideological tendencies, they still consider each case as it comes to them, and they don’t always rule in a consistently predictable or expected way”. However, members of the court system do not work completely on their own, which means they can be influenced by other opinions. Still, this is not really common. On the other hand, Political representatives have strong interests and will act in order to benefit themselves. To illustrate : A political representative who needs the votes of the LGTBQ community would rule a case of discrimination favoring the interest of that community in order to get the support of them. Whereas, a member of the court system would make sure to follow the laws and the previous state rulings in order to best defend the interests of the people.
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 that it is Anti-democratic. Indeed, democracy is about the participation of all. Still, in this type of election only the ruling class or the people in Political Power are the ones who get to decide on it. In previous lectures like “Federalist #10” it has been proved that the government in the United States had been created to benefit the ruling class, also known as the owning class. Then, it is not surprising that the Court System, which is just one more part of the American Government, appoints members in a non-democratic way. The government system in the United States was not created to be democratic, hence the Court System, a part of the U.S. government is not a democratic institution. In fact, the reason why judges are appointed is to only have people that will represent and defend the interest of the owning class in this institution.