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 court system is better suited to protect the individual because it operates independently from public opinion and political pressure, focusing instead on the Constitution and the rule of law. Unlike elected officials, who may prioritize party agendas or majority interests to gain votes, judges—especially at the federal level—serve lifetime appointments and are insulated from political backlash, allowing them to make impartial decisions that uphold individual rights. For example, in Miranda v. Arizona, the U.S. Supreme Court ruled that suspects must be informed of their constitutional rights during police interrogations, protecting individuals from self-incrimination and ensuring access to legal counsel—rights that might have been overlooked by elected officials seeking to appear tough on crime.
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.)
While it’s true that the Supreme Court and other federal courts are not democratic in the sense that judges are not elected by the people, this design is intentional rather than anti-democratic. The framers, as discussed in Federalist #10, feared the influence of factions and mob rule, believing that the judicial branch needed to be insulated from political pressure to fairly uphold the Constitution. By appointing judges rather than electing them, the system ensures that decisions are made based on law and principle, not popular opinion or short-term political interests. This structure gives the judiciary the independence to protect minority rights and check the powers of the elected branches, which often cater to the majority or powerful interest groups. While this may seem undemocratic on the surface, it actually reinforces a core function of constitutional democracy: safeguarding individual rights and justice even when they’re unpopular.