- Compared to the elected branches of government, the court system is better equipped to protect the individual because it offers an impartial and independent place of operation for settling legal disputes and defending constitutional rights. Obergefell v. Hodges in 2015 when the supreme court ruled that same sex couples have the right to marry is an example. The Defense of Marriage Act passed by Congress at the time, defined marriage federally as a union between a man and a woman, and many states and their elected officials had laws prohibiting same-sex marriage. The general public was still strongly split. The Court ruled that these bans violated the Fourteenth Amendment’s guarantees of equal protection and due process, which protect minority rights regardless of political or social opposition.
2. The Supreme Court is anti-democratic in my opinion they are not elected by the people; they’re appointed by the president and confirmed by the senate they also have life long terms this is to guarantee that justices are not influenced by public opinion or their need to be re-elected, instead they are able to make decisions based on legal principles and constitutional interpretation. Justices can remain in office for decades after the Senate or President who appointed them has passed away. This could ultimately lead to a court that is not up to date with the needs and values of the present generation. Madison warned in Federalist No. 10 about the dangers of factions, particularly when a majority can band together to oppress a minority group. He believed that the structure of government should include checks and balances to prevent any one group from having excessive power.
