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.
In many distinct aspects the court system was designed to protect the liberties of individual citizens. The positive component of the court system is that every person has multiple court systems in place that are created to protect their rights. In a dual court system, an individual has several opportunities for protection. A good example of this would be in the Miranda Vs. Arizona case. Ernesto Miranda got arrested for kidnapping and rape, two crimes that are considered violations of state law. He was subsequently convicted and sentenced to prison time after his signed confession was displayed at his trial. However, this piece of evidence was considered a violation of his constitutional rights, ultimately causing him to win the case. It was stated that by using his confession as evidence the police were violating Miranda’s Fifth Amendment rights which include the right to avoid self-incrimination, such as the right to remain silent. They also violated his Sixth Amendment rights, which is the right to an attorney. He couldn’t achieve this win from the government. It was the court’s decision to honor and value his rights as an individual. It’s a rarity for the voice of a minority citizen to be heard in court so this speaks volumes about the role of our court system in the United States Democratic Republic. His case was able to be resolved in favor of him, which is something only the court system can provide.
Miranda’s case was won in the federal courts but many state cases can serve the same purpose. State cases have the capacity to focus on a multitude of issues, allow entry to a specific group of people and endorse several interests. If a problem isn’t tackled in one area, it’s possible that it may be delt with in another. There are many chances for a particular issue to be resolved in many different avenues across the United States. Many people believe that state courts are imperative within a democracy because they offer many alternatives for political access. Our republic has remained so successful due to these countless options because not provided all paths work for everyone.
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.)
It just the name alone, the Supreme Court proves itself as an anti-democratic part of our government. The word supreme means reigning high above the rest as the ultimate authority figure. However, this country prides itself on being a democracy where the people along with their representatives have the highest form of power. The representatives and their constituents make the laws, expecting them to be both obeyed as well as enforced. However, members of the Supreme Court have the power to overturn these laws. We saw an example of this early this year with the overturning of Roe V Wade, a law regarding women’s body autonomy that was implemented almost 50 years ago. It’s almost comparable to the power of a monarchy, where the control of the government is placed upon an individual or group of unelected people.
I believe the reason the Founding Fathers wanted the Supreme Court to be a lifetime position because it was another way to maintain the power of wealthy, property owning white men. This was their effort to empower the wealthy by preserving their influence in the government, appointing people who would rule in their favor, consolidate their power, and allowing them to be free from democratic control. The founders used the British monarchical system as an example to empower their wealthy capitalist citizens and limiting the power of the average population. They believed the masses didn’t have the capacity to judge or determine correctly. Therefore, by keeping the wealthy class in permanent positions in the government they can ensure that all decisions made are in their favor. By giving the wealth a prominent and everlasting share in the government it meant that they had an entire branch dedicated and controlled by the rich and powerful. No branch in government is as powerful as the Supreme Court when it comes to protecting the rights attached to property.