The Supreme Court can be considered anti-democratic because it’s members are not elected by the people. Federal judges are appointed by the President and confirmed by the Senate and Supreme Court justices serve for life. Unlike members of Congress or Presidents, voters cannot directly remove them through election. The Founders designed the system this way on purpose. In The Federalist No.10, James Madison argued that pure democracy could become dangerous if temporary majorites acted out of passion or self interest. The framers feared “factions” and believed that government needed institutions to limit majority rule and protect properties, stability and minority rights.
This connects to the role of social class in the early American government. The Constitution was created by wealthy, educated elites who distracted direct democrats and many founders believed ordinary citizens could be too emotional or uninformed to make wise political decisions. This created institutions like the Senate, the Electoral College, The Supreme Court to place political power like in the hands of people who were insulated from popular pressure meaning upper-class and property owning groups had a stronger influence on the government. The Supreme Court acts to democracy it’s independence allows justices to make decisions based on the Constitution instead of public opinion or electoral pressures. Critics argue that it allows unelected judges to overrule the will of the people. The framers wanted balance between democracy and elite control believing that too much direct democracy could threaten stability.
