What role do judges and the judicial system play in supporting freedom?

I think that judges and the judicial system play a very important role in supporting freedom. Judges tell us what the law is and how it is interpreted through their rulings and decisions. "They get to say what the law is, and their judgment is final." (Draper 247) It is for this reason that I believe that they are integral in supporting freedom. "Unlike umpires, judges do not simply apply the rules to what occurs on the field; instead, they actually decide what the rules are through their decisions." (Draper 249) Additionally, judges have the power to make rulings or decisions that may take away some of our freedoms, for the most part they have upheld our basic and inherent freedoms; in this way they have also supported freedom. "The justices of the U.S. Supreme Court regularly profess ardent devotion to what they divine as having been the intentions of the framers of our nation’s Constitution." (Gusewelle)

The judicial system is also a social change tool. The judicial system as well as judges are entrusted with the task of ensuring that we are all treated equally and fairly. All laws apply to all people. "the law is an arena of equality: the same rules apply to everyone." (Draper 249) I think that ensuring equality is very important in supporting freedom.

While I do believe that judges and the judicial system play a very important role in supporting freedom I also believe that they are highly contradictory in their nature. The court's are often influenced by political causes and actions which could lead to unfair, prejudicial and preferential decisions. This is evident in the fact that federal and supreme court judges are appointed rather than elected. Judges who closely represent the political affiliations of the president who are selecting judges to fill vacancies are more likely to be appointed  then judges who don't. This can ensure that their parties beliefs are represented for years to come. I am not sure that this is the best way to support freedom. 

This all begs the critical question: do you think that judges should be elected rather than appointed? What sort of political influences that currently exist in the judicial system do you think this approach would help to avoid?

 Draper, Alan. The Politics of Power a Critical Introduction to American Government. New York: W.W. Norton & Company, Inc., 2011.

kansascity.com. "Westboro Baptist Church members dishonor their faith." Gusewelle, C.W. Published Mar. 19, 2011 10:21 PM. http://www.kansascity.com/2011/03/19/2739306/westboro-baptist-church-members.html#ixzz1HBvf6N6V