- The judicial system is better able to defend the individual since judges are not as susceptible to public opinion and political pressures as elected officals are. Even when elected officials or the majority may not act in the best interests of citizens, courts have the authority to protect consititutional rights. The supreme courts ruling in Brown V. Boards of Education, for instance, overturned state legislatures that supported segregation, defending African American children’s rights in spite of resistance from elected leaders.
- Since justices are not chosen by the general public, the Supreme Court’s appointment procedures may be viewed as undemocratic. As stated in Federalist #10, this system does, however, guarantee that justices are free from political influence and are able to base their finding on the law. The lifetime appointment enables justices to preserve minority rights and constitutional values minority rights and constitutional values without fear of re-election, combining democracy with stability and fairness.
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