Alirizaeva Sharofatoy – Discussion Board 11.1

  1. 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. From my point of view the court system is better suited to protect individuals rather than other branches of government, because of the court system follows the rules of Constitution and rights of the people which are written on Constitution. For this we could take as an example, Miranda v situation. Court give him his rights to use Fifth Amendment which is right to remain silent, and also Six Amendment which allows him to have a lawyer, even these decisions was not popular at that time. When we come to Congress and other branches, they try to make decisions which are popular and thinks about public opinions, in order to be re-elected.
  2. 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.)
    Response: Yes, I agree with that, Supreme court is anti-democratic because they will not be voted by people or citizens of the country, they will be voted by President and Senate will approve it, which gives them rights to follow the rules of Constitution without thinking people’s wealth or status in the country. As we read on Federalist #10 , they were voted only by wealthy people, who can use the court system for their interest and criminal justice, which i think is not right. That’s why court system being anti-democratic helps them to make right important decisions when it comes to court cases and system.

Individuals v Congress

I think the court system is better suited to protect the individual because it’s designed to apply the Constitution even when the decision isn’t popular. Elected officials like Congress or a mayor have to answer to voters, so they might avoid taking a stand that could cost them re-election even if it means ignoring someone’s rights. Courts on the other hand, don’t face that same political pressure. For example, in Brown v. Board of Education, the Supreme Court struck down segregation in schools even though it was deeply unpopular in many states at the time. That’s the kind of decision an elected body probably wouldn’t have pushed for back then.

When it comes to whether the Supreme Court is anti-democratic, I’d say yes it kind of is. Justices aren’t chosen by the people of a state or county, they’re appointed which can feel like it feeds into that “people promoting their friends” narrative. On the flip side, if you like the president who’s in power, you’ll probably like the person they appoint. I get why the system works this way, though. The idea is to keep the courts independent so they’re not making decisions just to please voters or ride public opinion. For example, Federalist #10 talks about the Founders wanting a branch that could stay removed from the passions of the majority, even if it means giving that power to a smaller, elite group.

Discussion Board 11.1 – Lawanda Nicholson

1. Courts vs. elected branches in protecting individuals:


Courts can protect individual rights better than elected branches because they’re less influenced by short-term politics and public opinion. Elected officials often focus on keeping voters and donors happy, which can lead them to pass laws that serve powerful groups rather than protect everyone equally. Courts, on the other hand, can focus on whether actions follow the Constitution. For example, in Brown v. Board of Education (1954), the Supreme Court ended segregation in schools, even though many elected leaders—especially in the South—still supported it. This shows how courts can challenge unjust laws that benefit the wealthy or powerful.

2. Are federal courts anti-democratic?


Federal judges are appointed, not elected, and serve for life. Some call this anti-democratic because citizens don’t choose them directly. The system was designed this way to keep judges independent from political pressure, but it also means the wealthy, capitalist class has more influence over who gets appointed. As Federalist #10 explains, the government was built to limit the direct influence of the general public and protect the interests of those in power. This structure makes the courts less likely to be swayed by popular demands, but more likely to reflect the priorities of the elite who shape the system.

Discussion Board #11.1| Fabio Arcani

  1. From my understanding, I would say that the court system is better suited to protect the individual. In a court, there is the possibility to review cases on which the supreme court used their discretion to take a previous decision in a similar case. This can change the suspected person’s outcome since there is the need to overview everything related to the case, and charges a person might be facing. I would say that the judge and the court have to apply the law in an impartial way, which is different from other branches of the government. Courts require a specific focus on each case. As an example, the Miranda case, from where the Miranda Rights got its name. Miranda was charged with kidnaping and rape. The lawyers, and the court, took the decision not to use Ernesto Miranda’s confession because the police did not let him know about his rights; this violated his fifth amendment rights and resulted in discarding his confession. Later he was charged and sentenced with those crimes, but they could not use his confession.
  2. I think that this becomes something interesting and very controversial. I think that if people are going to choose judges, people need to feel represented and need to know who is best suited for the position. This becomes difficult, since in the political context we are living today shows that people are very guided by hate, and misinformation. However, when I think about “Federalist #10” Madisson refers to the inherited talent of accumulating wealth and mentions who should be participate in democracy based on that idea. I agree that not being able to choose the judges is anti-democratic. Until today, people who are leading the country are people in higher socioeconomic status and are very difficult to relate to for the people. At the same time, those who are leading the country nominate the judges based on their own interests and use the court system as a method to favor them from the criminal justice system.

Mahmudul Hossain – The Role and The Selection of Federal Judges

1.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.
Answer: From the given information we see that the court system is often better at protecting individuals because judges do not have to worry about winning votes or pleasing political parties. Their job is to follow the law and the Constitution, even if their decision is unpopular. Elected officials, as like the President or Congress, its often make choices that is shaped by politics, money, or another sources get them re-elected. For an example, in Miranda v. Arizona, the U.S. Supreme Court protected Ernesto Miranda’s Fifth Amendment right to remain silent and his Sixth Amendment right to have a lawyer, even though this was not a popular decision at the time. The courts focused on his rights, while elected leaders might have been pressured to side with public opinion instead of the Constitution.

2. 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.)
Answer: Some people call the Supreme Court anti-democratic because its justices are not elected by the people they are appointed by the President and confirmed by the Senate, and then they serve for life. This means citizens have no direct vote in who becomes a justice.On the other hand, the reason of this system is to keep judges independent from all kinds of political pressure. If judges had to run for office, they might make decisions based on what is popular instead of what is right under the Constitution. In the given information we saw that the Federalist #10 explained that powerful groups can dominate politics. By making judges separate from elections, the system tries to protect against those groups controlling the courts. Even though the process still reflects the influence of powerful people, lifetime appointments are meant to help judges make fair decisions without fear of losing their job.

Discussion Board 11.1

  1. 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.

I think the court system is better at protecting individuals because judges aren’t elected by the public. They’re chosen by the president and approved by the Senate, they don’t have to worry about pleasing voters to keep their job. On the other hand, elected officials like the president, Congress, or mayors, might make decisions based on what’s popular or what will get them re-elected, even if it doesn’t help everyone equally.

2.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.)

Yes, I do think the Supreme Court is kind of anti-democratic. People don’t vote for the justices directly. They’re picked by the president and approved by the Senate. And while we vote for the president and senators, sometimes people regret their vote, but they still must wait until the next election to make a change. Meanwhile, those leaders keep making important decisions, like choosing judges.

I think the reason judges are chosen this way goes back to ideas in Federalist #10. The people who wrote that, like James Madison, were part of the wealthy and powerful class. They didn’t trust the public to make all decisions, so they wanted a system that would protect their own interests, like keeping control over the courts. By appointing judges instead of electing them, they made sure the legal system stayed in their hands and not the population.

Discussion Board 11.1 – Wendy Walker

  1. 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 dual court system is offers citizens more than one judicial avenue to address legal issues It provides alternate venues in which to appeal for assistance, as Ernesto Miranda’s case illustrates. The U.S. Supreme Court found for Miranda an extension of his Fifth Amendment protections—a constitutional right to remain silent when faced with police questioning. Furthermore, unlike elected officials who are accountable to the electorate, judges are appointed for life, allowing them to remain independent of public opinion and political pressure.

2.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.)

Many Americans have called the federal courts system, and especially the Supreme Court, anti-democratic places in our government because, federal judges, including Supreme Court Justices, are appointed, not elected, and as a result hold their positions for life, making them less accountable to the public compared to elected officials. These positions are mainly dominated by the elite, as judges, including Supreme Court justices, come from privileged backgrounds, which leads to decisions that favor the interests of the wealthy and powerful over the concerns of the general public. Furthermore, these positions have historically been dominated by white male elites which aligns with the Founding Fathers’ intent to benefit the wealthy as mentioned in the Federalist #10. 

Discussion Board 11.1

  1. 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.

2. 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.)