Question 1

Elected branches of our government whether federal, state or local governance primarily undertakes the legislative processes of the system, enacting laws and ensuring its enforcement by the appropriate law enforcement agencies. Both Congress, and State government and the President of the United States enact laws or policies respectively that impact the lives of the citizens.

However, there are often times where an enacted law or policy may violates an individual constitutional right, or a lawsuit file against someone, or just a civil matter that requires judicial process in such case the dual court system comes in play as a protector of ones individual right.

For instance the case of Miranda v. Arizona, Ernesto Miranda was arrested for violating the Arizona State law for rape and kidnapping, for which he was convicted and sentenced to prison based on his own signed confession and presented to the court during his trial. His lawyers appeal to the Arizona Supreme Court and subsequently to the nation highest court, U.S. Supreme court on the grounds of constitutional rights violation with reference to his Fifth Amendment right against self-incrimination as well as his Sixth Amendment right to an attorney.

The US Supreme Court ruled in his favor on the matter of his constitutional rights, disregarding his prior conviction and sentences for which the lower court retried the case without admitting previous confession. The US Supreme Court noted that the coercive nature of police interrogation, no confession can be admissible unless a suspect is first made aware of his or her rights and willingly waives such rights. In this example it demonstrated one way where the court system protects an individual right without government intrusion.   

Question 2

The process of appointing federal judges can be looked on as anti-democratic and for most citizens it is, as they do not have a direct vote that ultimately determines the next Supreme Court justice or that of the Appeals or Circuit Court. The President has that sole charge under advisement to choose who fills any available seat on the bench within the federal courts. This was an intentional and yet very calculated act of establishing such a system by the Federalist. The Federalist was know to be the affluent, wealthy class who vertically zero in on their own interest and benefit when creating the role in our system of government.  Their primary economic interest was tied to personal property. They favored a high court with judges that would have some level of consistency in view with favorable ruling. The framers saw the need to have a division of authority within the federal government three branches preventing any one branch to becoming too strong in power.