Just as no self-appointed group has the right to oppress others, so no majority, even in a democracy, should take away the basic rights and freedoms of a minority group or individual. In such way, the rights of the minorities are given the same rights that the majority enjoys. In that case you might want rules like the 13th amendment to prevent the … © 2020 GenuineWriting.com Writing & Research Services | All Rights Reserved, A Companion to the United States Constitution and Its Amendments. Their efforts paid off as Amendment Nineteen was ratified and states that, “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex” (Mount). It entitled the Blacks the same constitutional right that only the Whites were granted. The guide is an excellent research tool for students to use to gain a deeper understanding of one of our nation’s founding documents and the establishment of the federal government. Article VI says, “Political decisions shall stem from the will of the majority, expressed by means of a free vote. We will revise your paper until you are completely satisfied. The Fourteenth Amendment assures three primary guarantees to the citizens. Both majority rule and minority rights must be safeguarded to sustain justice in a constitutional democracy. Article II, Section 2, Clause 2 of the United States Constitution, known as the Appointments Clause, empowers the president to nominate and, with the confirmation (advice and consent) of the United States Senate, to appoint public officials, including justices of the Supreme Court.This clause is one example of the system of checks and balances inherent in the Constitution. The principle majority rule with respect to minority rights reiterates the rights to equality. If you care about your rights, it … In a democratic society, it is important that everyone should be treated fair, ones opinions be voiced out and ones voice be heard. Amendment XV states that, “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude” (Mount). Majority Rule with Respect to Minority Rights. A Senate majority could detonate a “mini-nuke” that bans filibusters on particular motions but otherwise leaves the 60-vote rule intact. “Principles of Democracy: Majority Rule, Minority Rights.” 2005. It will not be shared with any third party unless you provide a written consent. this is an example of a constitution The Constitution of a New Organization at the University of California, Los Angeles Article I - General Provisions 1. Through the Fourteenth Amendment the various legal and civil rights were added to the rights of the former slaves. It is democracy characterized by: A. But the most important thing is that it allows room for compromise so that both sides reach an agreement which benefits the whole society. The essence of democracy is majority rule, the making of binding decisions by a vote of more than one-half of all persons who participate in an election. The people are the ultimate source of the authority of the government which derives its right to govern from their consent. Indeed, the United States has long used a majority system as the basis for political decision-making. Dec. 15, 1791, is an important date in the history of this country. The United States Constitution is deliberately inefficient. These questions are answered on a case-by-case basis in every constitutional democracy in such a way that neither majority rule nor minority rights suffer permanent or irreparable damage. 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. That is, whatever the majority decides, it wins. In Hartford, Connecticut, the first constitution in the American colonies, the “Fundamental Orders,” is adopted by representatives of Wethersfield, Windsor, and Hartford. The 1992 constitution of the Czech Republic, for example, recognizes the concepts of majority rule and minority rights. The U.S. Constitution, for example, is explicitly construed by the U.S. Supreme Court as a check on the majority rule of the executive and legislative branches. A central architect of the Constitution, James Madison was deeply sensitive to the threat majorities posed to minorities. One can look at the issue of civil rights for example. For instance, if the president of the United States vetoes legislation passed by Congress, the Senate and the House of Representatives may override the presidential veto with a two-thirds … The first example is based on “The Bill of Rights Article I to X” Human rights are protected in these laws including his or free speech and freedom of religion. Amendment XIX of the Constitution projects the rights of the minority towards a majority rule. The rights of the minority are still respected. This means that small gains to the majority outweigh large … We guarantee that your personal information as well as any other data related to your order(s) will remain confidential to the extent allowed by law. Indeed women were considered a minority and were denied several rights including the rights to suffrage. No one will ever find out that you have used our service. Examples of constitutional supermajority rules include the clause requiring that two-thirds of the U.S. senate … More than legal and civil rights, political power is also granted to the minorities through this Amendment and they will never again be denied of this right. Democracy is defined in Webster's Encyclopedic Dictionary as: Government by the people; a form of government in which the supreme power is vested in the people and exercised by them either directly or through their elected … So that even if the majority wins over them, they had exercise their right and they were treated equally and not just mere subordinate. Majority Rule. 2009. Tyranny by minority over the majority is barred, but so is tyranny of the majority against minorities. 16 February 2009 . This does not mean however that the minority did not exercise their right. Majority rule with respect to majority rights is a concept which ensures the no political power will be more dominant. The Constitution provides, for example, that a majority of each House constitutes a quorum to do business. Alexis de Tocqueville, “Tyranny of the Majority,” Chapter XV, Book 1, Democracy in America. --- One problem is that a simple majority of people make the decision. Although the majority does not agree with same-sex marriage, there are still those who wanted it to be legal. People often refer to the United States as a democracy, but technically speaking, that’s not true. This results in oppression of minority groups comparable to that of a tyrant or despot, argued John Stuart … It’s not really about pushing for the right person on the position. Natural rights are affirmed by the Declaration of Independence; majority rule, circumscribed and modulated, is constructed by the Constitution. However, constitutional democracy in our time requires majority rule with minority rights. In the case of the US constitution for example, the fifty-five members of the constitutional convention decided that the constitution would be considered adopted if nine out of the thirteen colonies approved it, with the constitution simply being imposed by force on the remaining four colonies. The typical approach is to break the vote intosteps. For example, in many countries, where there are a lot of political parties or a lot of candidates, they often have preliminary votes. The Constitution allows the minorities to have the voice especially in political decisions. But, the Constitution limits the majority only because of the fear of uprisings from the minorities. Majority rule is observed in every election wherein the candidate who was voted in by the majority gets the chair. Two example are namely; the Constitutional Law with regards to the Bill of Rights and the Limitations of Judicial Powers. Similarly, the minorities are allowed to cast their votes to whoever they wanted to be in the position. It proposed voting rights for women. Thus their vote for a certain candidate actually counts. MAJORITY RULE AND MINORITY RIGHTS. Yet there are several problems with relying on majority rule as Jac Heckelman goes on to discuss. This led women to march in protest. The Fifteenth Amendment therefore prevents voting discrimination based on ones color or race (Vile 195). Prior to the ratification of the Fifteenth Amendment, the Blacks population specifically the males were denied of their rights to suffrage. It’s rather about being given the privilege to give ones opinion that matters. Therefore, public officials in the institutions of representative government must make authoritative decisions about two questions. Constitutional design: simple majority voting. Thus their vote for a certain candidate actually counts even if the candidate wins or loses. This is how the Constitution protects the rights of the minorities. In such way, the rights of the minorities are given the same rights that the majority enjoys. Whatever basis for being a minority, they have the right for equality which is what the Constitution protects. When the Indian Constitution mentions “all the then members”, that refers to the effective majority. Although not explicitly mandated, the Constitution and its framers clearly envisioned that simple majority voting would be used to conduct business. The majority’s decisions must heed the protection of the minorities.” are some of the governments having Majority Rule. Amendment XV also protects the rights of the minority. The majority’s decisions must heed the protection of the minorities.” The Czech constitution is filled with statements of guaranteed civil liberties, which the constitutional government must not violate and which it is empowered to protect. There is a delicate relationship between these two concepts, in that majority rule would not work if minority rights were not preserved at all costs. Amendment XIV, Section 1 states that, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. . Moreover, you are free to request a different writer to rewrite your paper entirely, should you be unhappy with the writing style, level of research, communication, etc. This is the constitution in which decisions are made by majority rule but where decisions over how policy decisions are made require unanimity. The framers wrote the Constitution with the mindset of preventing the majority to dominate the minority. For example, if the majority wants to hold the minority in slavery, as they did in the United States up until 1865, it’s not so good. For example, in Rajya Sabha, out of the total strength of 245 members if there are 45 vacancies, then the effective strength of the house is 200. The U.S. Constitution includes minority protections regarding majority rule. Majority Rule and Minority Rights in American Government Introduction Respect for minority rights in Western liberal democracies has been a criticalelement for ensuring that the majority does not tyrannize the minority. That is, both will be considered and heard in every aspect of the society. It is the binary decision rule used most often in influential decision-making bodies, including all the legislatures of democratic nations. You can … The name of this organization shall be the New Organization at UCLA. The first way is through the Congress passing a proposal, with a two-thirds vote, to the states to ratify. Majority rule is observed in every election wherein the candidate who was voted in by the majority gets the chair. CONSTITUTIONAL DEMOCRACY is the antithesis of arbitrary rule. Thus the Fifteenth Amendment gives them the right to vote as the Constitution did not limit their rights due to color or race (McDuffie). No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” (Vile 181). Unlimited majority rule in a democracy is potentially just as despotic as the unchecked rule of an autocrat or an elitist minority political party. The 1992 constitution of the Czech Republic, for example, recognizes the concepts of majority rule and minority rights. Majority rule is often considered to be a pillar of democratic decision-making. It also allows the government to weigh which side works better. With this concept, policies and decisions rely on the majority even if the issues tackled cover the minorities. It is not created to take the rights of others especially the minority. Alert to the dangers of majoritarian tyranny, our Constitution's framers inserted several anti-majority rules. Westport, CT: Praeger Publishers, 1997. 16 February 2009 . The term minority may apply to anyone as a result of ethnicity, gender, religious affiliations or sexual preferences, geographical location or income level. But the Constitution does not allow that rights of the minorities be taken over by the majority. Many of America's founding fathers, most notably James Madison, were hugely concerned about the potential for the majority … Majority rule is limited in order to protect minority rights, because if it were unchecked it probably would be used to oppress persons holding unpopular views. The Constitution also demonstrates majority rule and respect for minority rights through Article V of the Constitution which explains that the Constitution can be amended in two ways. That is, both will be considered and heard in every aspect of the society. By allowing women to vote, their right as minority was treated as part of the majority rule. 16 February 2009 . He said. The Constitution specifies particular powers held by only the federal government -- such as to declare war, to make treaties, and to … It’s a republic. In every genuine democracy today, majority rule is both endorsed and limited by the supreme law of the constitution, which protects the rights of individuals. Based on their experience, the framers shied away from giving any branch of the new … The rights of the minority are still respected. Democracy, Republic, Capitalism, Direct Democracy, Federal Republic, etc. Democracy vs Republic: Rule by Majority or Rule By Law. Even though the U.S. Constitution, ratified in June 1788, is still hailed as […] Vile, John R. A Companion to the United States Constitution and Its Amendments. This interactive guide to the U.S. Constitution provides the original text and an explanation of the meaning of each article and amendment. The first 10 amendments to the U.S. Constitution were officially added on that day, exactly 220 years ago. The membership of this organization shall consist of any UCLA student, undergraduate or graduate. This allows the recognition of the status of the minority and thus giving them a voice in our country. Collectively, those 10 amendments are known as the Bill of Rights. Mount, Steve. It does not really concern whether your ones opinion or ones voice prevail for as long as it was broadcasted. An example of a legislative super-majority rule is the requirement first adopted by the U.S. house of representatives in the 104th Congress that three-fifths of those voting are needed to pass an increase in income tax rates. In spite of the fact that those who favor same-sex marriage is comparably small than those who do not agree with it, their voice is heard; thus giving those who are in the majority a second thought. The framers of the Constitution had recognized that there is a possibility that the rights of the minorities will be taken by the majority if they were not protected. Majority Rule in the United States Majority rule is used in many democracies. The very foundation of democracy is held by two pillars, the principles of majority rule and protection of the rights of individual and minority. Majority rule is a decision rule that selects alternatives which have a majority, that is, more than half the votes. In every constitutional democracy, there is ongoing tension between the contradictory factors of majority rule and minority rights. Majority rule is applied in making decisions on public issues as well as for organizing the government (usinfo.org). Business / Professional Writing Services: 100% Authentic Research & Writing Guarantee, Sample Essay: Majority Rule And Minority Rights. An example of an instance where majority rule with respect to minority rules apply, is the issue of same-sex marriage. When, and under what conditions, should the rule of the majority be curtailed in order to protect the rights of the minority? By John Patrick, Understanding Democracy, A Hip Pocket Guide (Oxford University Press). We guarantee that you will receive a fully authentic, 100% non-plagiarized work. www.governmentvs.com lets you know more on different types of government with Majority Rule and many other features. All . Timothy Sandefur of the Goldwater Institute in Phoenix, in his book The Conscience of the Constitution , rightly emphasizes that the Declaration is not just chronologically prior to the Constitution… Then the effective majority is 50% of 200 plus 1, ie 101. If America had gone with simple majority rule then the majority of white Southerners would have voted to keep segregation in the 1950s and 1960s. Some decisions require more than a simple majority. A number of candidates, like Although "the majority rules," the … Thomas Jefferson, third President of the United States, expressed this concept of democracy in 1801 in his First Inaugural Address. Article VI says, “Political decisions shall stem from the will of the majority, expressed by means of a free vote. POPULAR SOVEREIGNTY. These are privileges and immunities, the due process and equal protection. Otherwise, we will just give you your money back. It is important to give consideration to the rights of the minorities so that the government will completely display the essence of democracy. Some examples include freedom of speech, trial by jury, and equal protection under the law. . The Separation of Powers devised by the framers of the Constitution was designed to do one primary thing: to prevent the majority from ruling with an iron fist. An example of an instance where majority rule with respect to minority rules apply, is the issue of same-sex marriage. The Amendments of the Constitution clearly exemplify the rights of the people including the minorities. Majority rule with respect to majority rights is a concept which ensures the no political power will be more dominant. Similarly, the minorities are allowed to cast their votes to whoever they wanted to be in the position. The American Example. The principle gives the minorities the same rights as the majority. This fundamental principle of constitutional democracy, majority rule coupled with the protection of minority rights, is embedded in the constitutions of all genuine democracies today. And, conversely, when, and under what conditions, must the rights of the minority be restrained in order to prevent the subversion of majority rule? Hence the government was so designed to protect their rights while at the same time using the majority rule effectively (McDuffie). They have been labeled just a domestic partner and not an individual hence their husbands were considered enough o represent them during elections. _cbrown. Understanding Democracy, A Hip Pocket Guide, Annenberg Guide to the Constitution: What It Says, What It Means, Freedom of Assembly: Nationalist Socialist Party v. Skokie, The 19th Amendment: A Woman’s Right to Vote, Your Right to Remain Silent: Miranda v. Arizona, Making Our Fourth Amendment Right Real: Mapp v. Ohio, Freedom of Assembly: The Right to Protest, Influential Movements in the Struggle for Women’s Suffrage, Civil Liberties vs. National Security: A Wartime Balancing Act, Monty Python and the Quest for the Perfect Fallacy, Actions That Changed the Law: Ledbetter v. Goodyear, © Copyright 2020 The Annenberg Public Policy Center of the University of Pennsylvania. The best free civics materials from around the web in one monthly mailing. Majority rule is a means for organizing government and deciding public issues; it is not another road to oppression. “The United States Constitution. This does not mean however that the minority did not exercise their right. If there was no limit on majority rule, the majority could end up making all the decisions. “Majority Rue with Respect to Minority Rights.” 2008. Another complication for majority voting occurs when there are a lot of alternatives or candidates. In spite of the majority rule, the rights and freedom of the minority is preserved. Majority rule definition is - a political principle providing that a majority usually constituted by fifty percent plus one of an organized group will have the power to make decisions binding upon the whole. Big deal, you say? Although the majority does not agree with same-sex marriage, there are still those who wanted it to be legal. Such information is helpful for any age group and useful as well. The Constitution protects the rights of the minorities as well. 3. McDuffie, Nicole. B. 2. The tyranny of the majority (or tyranny of the masses) is an inherent weakness to majority rule in which the majority of an electorate pursues exclusively its own objectives at the expense of those of the minority factions. From the Cambridge English Corpus For example, some legislatures use majority rule on standard legislative business but require a two-thirds majority to change its own …