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.
Throughout the reading in Module 10, specifically “American Government: The Dual Court System”, I was able to learn why and in what ways the court system is better suited to protect the individual rather than the elected branches of government. My first example is showcased in the fact that The Dual Court System implies that each individual has more than just one court system to protect their rights. This allows the individual to appeal between the courts and make sure they have the right to a fair and sound decision. An example of this can be shown in the case of State V. Morgan where the defendant’s original appeal for a new trial was denied by the superior courts. The Court of Appeals then remanded the decision and the superior court granted a new trial based on the evidence that the defendant had ineffective counsel.
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.)
In my opinion, I agree that the federal court system, specifically the Supreme Court, is an anti-democratic sector of our government. Specifically because the federal judges in my eyes are appointed based on what the current President’s goals are. For example, during Donald Trump’s presidency he appointed Associate Justice Kavanaugh, a republican known for his “Starr Report” on the Bill Clinton and Monica Lewinsky scandal. Hilariously enough, Trump finds himself in a very similar position currently in which I think he chose the people around him wisely so they could support him when needed and through this next election. In my opinion, the reason we appoint our federal judges is because at the time of constructing the court system, politicians believed that with choice came an opportunity for the working class to be influenced negatively and against what they currently deemed appropriate.
