- What specific aspects make the court system superior to the elected branches in safeguarding individual rights? The court system provides better protection of individual rights because its structure keeps it free from political influence. The elected branches including Congress and city governments typically represent the majority will which occasionally leads to minority rights violations. Federal judges along with other judges enjoy complete freedom from electoral pressures and public approval concerns. The court can maintain its focus on constitutional interpretation and individual rights protection despite widespread public disapproval.
The Supreme Court made its landmark decision in Brown v. Board of Education (1954) to declare racial segregation in public schools as unconstitutional. The majority of elected representatives during that period either ignored the issue or actively backed segregation. The Court acted to defend Black students’ rights despite facing powerful opposition during that time.
- Does the Supreme Court operate against democratic principles? Why are judges appointed rather than elected to their positions? The Supreme Court operates as an anti-democratic institution because its members receive lifetime appointments and do not face public elections. But that’s intentional. The founders established judicial independence to protect judges from political influences so they could follow the Constitution instead of public sentiment or current political movements.
Federalist #10 discusses the risks that emerge when majorities exercise power and when factions form. Direct election of all government branches would allow majority groups to control decision-making and suppress minority opinions. The appointment process of judges serves as a protection mechanism against majority rule by transferring authority to individuals who must limit the other branches. The judiciary maintains its connection to elite values and interests because its appointments originate from the President and Senate although this relationship does not eliminate all political influence.
