- 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.
The elected branches of government, such as the Congress, the president, the mayor of New York City, and the NYC City Assembly, are less suited to safeguard the person than the court system. By contesting unconstitutional laws, the legal system upholds individual liberties and rights. For instance, the judicial department, which establishes and upholds fairness, equality, and liberty, has done the most to protect the rights of the person. Unlike elected officials, who are formally tied to the public, the U.S. Supreme Court is not. As a result, the legal system is better fitted to safeguard the rights and liberties of the individual because it does so.
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.)
Since they reject democratic decision-making, freedom of speech, equality before the law, and social justice as some of the guiding principles or purposes of a just society, I do believe that the supreme court is the most anti-democratic part of the government. They continue acting in this manner, in my opinion, because they want the government to continue operating in the same manner; they do not want anything to change for their own gain. The Supreme Court in my opinion is indeed an anti-democratic branch of our government. This is due to the fact that the judges on the Supreme Court are appointed rather than chosen by the general public, causing their interests to reflect those of the president in office and their refusal to uphold the US Constitution, which is occasionally not in the interests of the majority. There is always an opposing side, and no single group has control of the government, but it is still the wealthy who control the government and protect liberties because they hold a dominant position in our political system and choose judges based on who at the time has the same political rhetoric and has previously served as judges at the federal level.
