Malcolm Rivera
The concept of majority rule is a fundamental principle of democracy, where decisions are made by a vote of more than half of the participants. However, the Constitution plays a crucial role in limiting majority rule to protect the rights of minorities and individuals. This tension between majority rule and minority rights is inherent in constitutional democracy, and it raises questions about when and how to curtail the majority's power to uphold justice. The Declaration of Independence, with its emphasis on natural rights, takes precedence over the Constitution, which outlines the constructed right of the community to make laws reflecting the majority's will. This framework ensures that while majority rule is endorsed, it is also limited by the Constitution, preventing tyranny against minorities and protecting individual liberties.
| Characteristics | Values |
|---|---|
| Limits majority rule to protect minority rights | Prevents tyranny of the majority against minorities |
| Protects the rights of individuals | Upholds liberty as the goal of democracy |
| Recognizes the will of the majority | Ensures decisions heed the protection of minorities |
| Ensures majority rule is not unchecked | Prevents oppression of persons with unpopular views |
| Limits majority rule through judicial review | Addresses the "counter-majoritarian difficulty" |
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What You'll Learn
Protecting individual liberties
The Constitution plays a crucial role in protecting individual liberties and preventing tyranny by the majority in a constitutional democracy. It ensures that while the majority's will prevails, it must also be reasonable and respect the rights of minorities. This tension between majority rule and minority rights is inherent in any constitutional democracy, and public officials must make careful decisions to balance these interests.
The Declaration of Independence affirms natural rights, while the Constitution constructs majority rule, circumscribing and modulating it to protect individual liberties. The purpose of the Constitution is to "secure" unalienable rights, and it sets the framework for interpreting and applying this principle. As Timothy Sandefur writes, "Freedom is the starting point of politics; government's powers are secondary and derivative, and therefore limited....Liberty is the goal at which democracy aims, not the other way around."
The Constitution acts as a check on the power of the majority, preventing it from becoming despotic or oppressive towards minorities. Thomas Jefferson, the third President of the United States, expressed this concept in his First Inaugural Address in 1801, stating that while the will of the majority prevails, it must be reasonable and respect the equal rights of the minority. He emphasised that violating these rights would constitute oppression.
The constitutions of genuine democracies today reflect this principle. For example, the 1992 Constitution of the Czech Republic recognises both majority rule and minority rights. Article VI states, "Political decisions shall stem from the will of the majority, expressed by means of a free vote. The majority's decisions must heed the protection of the minorities." The Czech Constitution guarantees civil liberties and empowers the constitutional government to protect them.
In conclusion, the Constitution serves as a safeguard for individual liberties by limiting majority rule and protecting minority rights. It ensures that the rights of all individuals are respected and prevents the majority from infringing on the freedoms of those with unpopular views. This delicate balance between majority rule and minority rights is essential to maintaining justice in a constitutional democracy.
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Preventing tyranny of the majority
The US Constitution limits majority rule to prevent tyranny of the majority, protecting the rights of minorities. This is a fundamental principle of constitutional democracy, with the rights of individuals protected by the supreme law of the constitution.
Thomas Jefferson, the third President of the United States, expressed this concept in his First Inaugural Address in 1801:
> All ... will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be oppression.
The tension between majority rule and minority rights is an inherent part of democracy. Public officials must make decisions about when and how to curtail the rule of the majority to protect minority rights, and vice versa. These decisions are made on a case-by-case basis to ensure that neither majority rule nor minority rights are permanently damaged.
The Declaration of Independence affirms natural rights, while the Constitution constructs majority rule, circumscribing and modulating it. The purpose of the Constitution is to secure unalienable rights, with liberty as the goal of democracy, rather than the other way around.
The 1992 Constitution of the Czech Republic is an example of a constitution that recognises the concepts of majority rule and minority rights. Article VI states:
> Political decisions shall stem from the will of the majority, expressed by means of a free vote. The majority's decisions must heed the protection of the minorities.
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Upholding minority rights
The concept of democracy is centred on majority rule, where decisions are made through a vote by more than half of the participants. However, constitutional democracy requires that this majority rule is balanced with the protection of minority rights. This tension between majority rule and minority rights is an inherent feature of constitutional democracy, and public officials must make decisions that protect both.
The Constitution plays a crucial role in upholding minority rights by setting limits on majority rule. It ensures that the rights of individuals are protected, preventing tyranny by the majority against minorities. This idea was expressed by Thomas Jefferson in his First Inaugural Address in 1801: "All [...] will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect and to violate would be oppression."
The Declaration of Independence affirms natural rights, while the Constitution constructs majority rule, circumscribing and modulating it. The purpose of the Constitution is to "secure" unalienable rights, and it provides the standards by which to distinguish proper and improper exercises of majority rule. As Timothy Sandefur writes, "Freedom is the starting point of politics; government's powers are secondary and derivative, and therefore limited."
The constitutions of genuine democracies today embed this principle of majority rule coupled with minority rights protection. For example, the 1992 Constitution of the Czech Republic recognises both concepts. Article VI states, "Political decisions shall stem from the will of the majority, expressed by means of a free vote. The majority's decisions must heed the protection of the minorities." The Czech Constitution guarantees civil liberties, empowering the constitutional government to protect these rights and ensuring that majority rule does not lead to the oppression of persons holding unpopular views.
In conclusion, the Constitution plays a vital role in upholding minority rights by setting boundaries on majority rule. This ensures that constitutional democracy protects the rights of all individuals, preventing the tyranny of the majority and maintaining justice.
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Judicial review
The concept of majority rule is a fundamental principle of constitutional democracy. It is the idea that decisions are made by a vote of more than half of the participants in an election. However, constitutional democracy also requires the protection of minority rights. This tension between majority rule and minority rights is an ongoing challenge in constitutional democracy. The majority's decisions must be balanced with the protection of the rights of those who hold unpopular views. If majority rule is unchecked, it can lead to the oppression of minorities and the violation of their rights.
The Declaration of Independence in the United States, for example, emphasises natural rights, which are then circumscribed and modulated by the Constitution. The Constitution sets the framework for interpreting the Declaration's purpose of securing unalienable rights. It provides the standards by which to distinguish proper and improper exercises of majority rule. This tension between majority rule and minority rights is not unique to the United States. The 1992 Constitution of the Czech Republic, for instance, also recognises the concepts of majority rule and minority rights.
In practice, public officials in representative governments must make case-by-case decisions about when and under what conditions to curtail majority rule to protect minority rights and vice versa. These decisions are made to ensure that neither majority rule nor minority rights suffer permanent damage and that justice is sustained in a constitutional democracy.
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Natural rights vs community rights
The US Constitution circumscribes and modulates majority rule to secure unalienable rights. The Declaration of Independence affirms natural rights, which are beyond the authority of any government or international body to dismiss. These rights are considered universal, fundamental, and inalienable, deriving from nature or God rather than any particular culture or government. Natural law, originating in ancient Greek philosophy, asserts that individuals possess rights that cannot be violated by any community.
In contrast, community rights refer to the constructed right of a community to make laws as the majority deems necessary and proper. This tension between natural and community rights is inherent in democracy. While natural rights are inherent and universal, community rights are contingent on the specific community and its laws.
The concept of natural rights has been used to challenge the legitimacy of absolute rule and the divine right of kings, providing an alternative justification for social contracts, positive law, and government. The idea of human rights derives from theories of natural rights, with human rights being seen as independent of natural law, natural theology, or Christian theological doctrine. The 1948 United Nations Universal Declaration of Human Rights enshrined a conception of natural rights into international soft law.
However, the concept of natural rights is not universally accepted due to its religious associations and perceived incoherence. Civil rights, which must be guaranteed by the state, are distinct from natural and human rights. They vary over time, culture, and form of government, addressing discrimination based on race, religion, or other personal characteristics. Examples include the right to vote, a fair trial, public education, and the use of public facilities.
The progressive project has aimed to prioritize majority rule over liberty, viewing freedom as a secondary and derivative power of government rather than the primary goal of democracy. This perspective highlights the challenge of balancing majority rule with the protection of minority rights, as illustrated in the historical context of the Kansas-Nebraska Act and the Court's role in protecting minorities from the majority.
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Frequently asked questions
The purpose of the US Constitution is to ""secure" unalienable rights and promote liberty.
The Constitution limits majority rule to protect the rights of individuals and minorities. It ensures that neither majority rule nor minority rights suffer permanent damage.
The Constitution provides for judicial review, which allows courts to protect minorities from the majority. It also empowers constitutional governments to protect civil liberties.
There is ongoing tension between majority rule and minority rights in constitutional democracies. Public officials must make case-by-case decisions to balance these interests and sustain justice.
Unlimited majority rule can lead to tyranny and oppression of minorities. It can be just as despotic as the rule of an autocrat or an elitist minority, and it may be used to oppress persons with unpopular views.
