1) The court system is better suited to protect the individual in certain instances than the elected branches of government due to its role in interpreting and upholding the law, irrespective of popular opinion or political agendas. For example, the judicial branch, particularly the Supreme Court, has the authority to review laws passed by Congress or executive actions taken by the President to ensure they align with the Constitution and protect individual rights. This separation of powers prevents potential abuses of authority by elected officials and safeguards against the tyranny of the majority. An illustration of this is the landmark case of Brown v. Board of Education (1954), where the Supreme Court ruled that state laws establishing separate public schools for black and white students were unconstitutional, thereby advancing civil rights and equality despite resistance from some elected officials and segments of society.

2) While federal judges are not elected but rather appointed, this appointment process serves a specific purpose rooted in the principles outlined in Federalist #10, which addresses the dangers of factionalism and the tyranny of the majority. The reason for appointing federal judges, including Supreme Court justices, rather than subjecting them to direct elections, is to insulate them from political pressures and ensure their independence in interpreting the law. This helps to safeguard against the potential for judicial decisions to be swayed by short-term political interests or popular opinion. While some may perceive the federal court system, including the Supreme Court, as anti-democratic due to the lack of direct electoral accountability, this structure is intended to uphold the rule of law and protect individual rights, even when unpopular or controversial. Additionally, the appointment process allows for the consideration of qualifications, expertise, and impartiality, rather than solely relying on the preferences of the majority or special interest groups, thereby promoting a more balanced and fair judiciary.

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